TERMS OF SERVICE
1. Welcome Cheanel website and services
The Website, services and any other online platform is owned and operated by "Cheanel Internet Sdn Bhd" with Company Number 1364173-T and business address; 09-03A, Pinnacle Kelana Jaya, Jalan SS7/26, 47301 Petaling Jaya, Selangor Malaysia. These terms and conditions set out the rules and guidelines for using the Cheanel services; it also describes the laws that govern both our services ("services") and our users ("Customers or Vendors"). When we refer to "You" within the document, we mean Users, Customer or Vendors (Seller), where we refer to "we" "Us" "Our" refers to Cheanel Internet Sdn Bhd or Cheanel. We are committed to providing transparent services, so we hope you will use our Website transparently and legally as a vendor or customer.
2) Legal contract
3) Copyright Policy
4) Description of Services
5) Marketplace License Granted by Cheanel.com
6) Your Rights and Obligation
7) Cheanel Description of Service
8) User Eligibility
9) Product Description
11) Vendors or Seller
13) Cheanel Platform Commission
14) Personal Information and Privacy
15) User Submissions
16) Delivery and Shipping Policy
17) Community Guidelines and policies
18) Termination and Suspension
19) Cheanel Intellectual Rights and property
20) Notice Of Copyrights Infringers
21) Indemnify Us
22) Dispute or Claims ReleaseRelease
23) General Data Protection Regulation (GDPR)
24) Your Intellectual Property
25) Cancellation by Customer
26) Cancellation by Cheanel
27) Other websites
28) Electronic Communications
29) Your feedback
30) Information Security.
31) Revision to Terms of Service
32) Governing Law and Jurisdiction
33) Contact Us
2. Legal Contract
By using the Services, you state that (a) you form a binding contract with Cheanel.com and Cheanel Internet Sdn Bhd; (b) you will comply with these Terms and all applicable local, state, and national laws, rules, and regulations; and (c) you understand that The Malaysia trademark and copyright law protects Cheanel. Suppose you are using the Services on behalf of a business or some other entity. In that case, you also state that you are authorized to grant all licenses outlined in these Terms and to agree to these Terms on behalf of the business or entity.
3. Copyright Policy
Copyright (C) 2021(S) Cheanel Marketplace and services. Subject to the express provisions of these terms and conditions.
We, together with our licensors, we own and control all the copyright and other intellectual property rights in Cheanel.com website and the Material on our Website; and
All the copyright and other intellectual property rights in the Cheanel.com website and the Material on our Marketplace is reserved.
4. Description of Services
Cheanel operates marketplaces that allow sellers (Vendors) and customers to connect and complete purchases. Seller (Vendors) are responsible for their stores, Products, listings (including prices), and fulfilment of your order. Seller (Vendors) may be located in your country or region, or elsewhere. However, we are not a party to the contract between you and a Seller (Vendors) when you purchase Products sold by Seller (Vendors).
Cheanel does not guarantee the quality, suitability, existence or legality of Seller (Vendors)Products, descriptions or listings, and each Seller's performance or conduct (Vendors). Except where we indicate otherwise, Cheanel does not endorse any Seller (Vendors), store, Product, listing. Please read all descriptions of each Product, warnings, and directions for use provided for each Product or perhaps do your research before making your purchase.
5. Marketplace License Granted by Cheanel.com
The Cheanel Services also include certain features which enable you to register a seller account to list and sell products and services through your Seller dashboard ("collectively – "Seller Store"). You are solely responsible for any Products listed for sale and all related activities through your seller store. You agree to use the Cheanel website and services in compliance with any Applicable Laws and Regulations. You agree and acknowledge that Cheanel is merely providing the Website to manage your online store and activities. Cheanel will not be involved in your relationship and any transaction with any actual customers connected via the Cheanel website.
6. Your Rights and Obligation
These general terms and conditions (referred to as "terms") set out the rights and obligations in connection with the use of the services offered by the Provider Cheanel.com (referred to as "Cheanel" or "provider") and the Cheanel User in connection with the utilization of the Cheanel services, as well as the further services, applications, and functions that Cheanel offers unless explicitly stated otherwise. The Cheanel terms and conditions solely apply as the complete terms and conditions. Contradictory terms or use terms that deviate from these terms shall not be recognized unless we have identified and have exclusively and in text form agreed to the validity of such. These terms shall also apply even where with knowledge of contradictory terms or terms of the Cheanel User that deviate from these terms, we continue to provide our services without reservation to the User.
7. User Eligibility
To access or use the Website, you must be 18 years or older to use this Website and enter into these terms. You may not access or use the Website if you are a competitor of ours, have intentions of collecting or utilizing our Content for your purposes or if we have previously banned you from the Website or closed your account.
8. Product Description
Cheanel directs all vendors to try to be as accurate as possible. However, Cheanel does not warrant that this site's product description or other Content is correct, complete, reliable, current, or error-free. If a product offered by a vendor (Seller) in Cheanel itself is not as described, your sole remedy is to return it in unused condition. Terms and Conditions apply
The Services are available only to individuals (sellers/Customers) 18 years or above of age and can enter into a legally binding agreement under Malaysian law.
10. Vendors or Sellers'
The Services are available to sellers, vendors and business entities. Any person using the Services on behalf of such entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
11. Seller Wallet
When you complete your registration for a Seller Account on the Cheanel website, you will be provided with the Cheanel Wallet option accessible via your seller account. This Cheanel wallet is provided so your sales proceeds can be deposited and visible by you as your Seller Wallet's balance; you can also top up funds into your seller Wallet's balance which can be used for shopping on the Cheanel Marketplace; when you receive a cashback or voucher, the funds will be visible and accessible in your Cheanel wallet. Below are features of the Cheanel Wallet
You may transfer funds from your Seller Wallet Balance to your linked bank account ("Linked Account") by submitting a Transfer Request ("withdrawal request") via your seller Wallet/account. This transfer request is only applicable once per week and as determined by Cheanel. Sellers/Vendors are entitled to one (1) free Withdrawal Request per week ("Weekly Withdrawal Limit"). Cheanel shall only process such transfers during business days, and such transfers may take up to two business days to be credited to your Linked Account. Cheanel is only able to make payments to Sellers via bank transfer. Hence, Sellers must provide Cheanel with their actual bank account details to receive payments from their Seller Wallet.
Funds made from your sale of items on Cheanel shall be credited to your Seller Wallet within three (3) working days after the item is delivered to the customer and after the customer has acknowledged that they have received the item. Once you submit your withdrawal request, you may not modify or cancel a Withdrawal Request.
12. Account Registration
To access the Website and Service, you will be directed to create an account, a user account, or a vendor or Seller account. Suppose you are a (Vendor (Seller)). In that case, you will be directed to provide current, accurate identification, contact, and other information (Vendor (Seller) Information') as part of the account registration process and continued usage of the Site offered by Cheanel.com. Suppose you are a User/customer who wishes to purchase on the Website. In that case, you will be required to create a user account, and provide us current, accurate personal information about you and billing information.
Please keep in mind that Cheanel will never disclose or sell to another party your account details and personal information provided during the time of registration. Cheanel.com reserves the right to refuse, terminate accounts at our sole discretion.
13. Cheanel Platform Commission
If you use the Cheanel Website and Marketplace, you agree and acknowledge that Cheanel will charge a commission for every successful purchase and delivery made on the Cheanel website.
14. Personal Information and Privacy
When you register an account with us or place an order for one of our services, we may collect and store some Sensitive PII about you ("personal identification information"). Cheanel is committed to ensuring that your personal information is protected. If you provide personal information to the Cheanel website, it will only be used under the Malaysia Personal Data Protection Act 2010 Rule and the European Union GDPR Regulation. Sensitive Personal Information can be defined as
15. Delivery and Shipping Policy
Cheanel will send an Order Notification to the Seller when a Customer makes a Purchase for an Item on the Cheanel website. Unless otherwise agreed with Cheanel, the Seller agrees to make necessary arrangements to have the purchased item delivered and fulfilled to the customer and provide details such as the delivery company's name, the tracking number, etc., to the customer through the Site.
16. Community Guidelines and policies
The following sets forth Cheanel "Community Guidelines and policies" When accessing or using the Services, you agree not to:
In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the preceding is grounds for adjustment of prices/amounts due; cancellation of one or more purchases; and suspension or termination of your right to access or use the Services.
17. Termination and Suspension
Cheanel.com reserves its right to immediately suspend or terminate its Service to any User or vendor without warning and notice for violation or breach of any of the terms and conditions in this Agreement.
18. Intellectual Property
Cheanel.com retains all right, title, and interest in the platform, the Platform performance, including response times, load averages, usage statistics, and activity logs (collectively, "Usage Information"), Usage Information, and any derivative works thereof. You will not copy or transmit any Material except if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on Our Website must appear on all print copies. Other non-Cheanel.com products, services, or Cheanel.com designations belong to those respective third parties and may only be mentioned on our Website for identification purposes. You should contact the appropriate User (store owners) for complete information regarding such information and their product description. Your use of and access to our Website does not grant you any license or right to use any of the marks included on our Website.
19. Notice Of Copyrights Infringers
Cheanel stands against anyone who is infringing upon another intellectual property. We are firmly against the exploitation of someone else's intellectual property. If you believe any of the Services violate your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
For us to take action, you must do the following in your notice:
(a) Provide your physical or electronic signature;
(b) Identify the copyrighted work that you believe is being infringed;
(c) Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) Provide us with a way to contact you, such as your address, telephone number, or email;
(e) Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) Provide a statement that the information you provide in your notice is accurate and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
We reserve the right to remove from the Website and Service any Contents, User, or Seller (Vendor), who are repeat offenders of the Cheanel Malaysia Copyright Act of 1987. The Intellectual Property Corporation of Malaysia Act 2002. Here is the contact information for our copyright agent:
20. Indemnify Us
Subject to these terms, you will defend, indemnify and hold us and each of our officers, directors, employees, and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these terms or the agreements made part of these terms by reference, your violation of any applicable law, and your use of or access to our Website, our paid services, or intellectual property.
21. Dispute or Claims Release
Should there exist a dispute, claim, or action against one or more other User (Seller/Customer), You (Seller or Customer) now agrees to release Cheanel.com, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
If a problem arises in a transaction, the Customer and Seller agree to communicate to resolve such dispute by mutual discussions. Cheanel shall use reasonable commercial efforts to facilitate this dialogue. If a mutual dialogue cannot resolve the matter, both parties may approach the Cheanel Support Team to help resolve any dispute arising from a transaction.
22. General Data Protection Regulation (GDPR)
Using the Website and services, you agree to the Cheanel collection and processing of personal data to provide the services. As a result, the Users authorize the Cheanel and its subcontractors to collect and process this data under the legal, regulatory, and European Union provisions ("GDPR") and Malaysia Personal Data Protection Act 2010 (PDPA). To this end, Cheanel's Data Protection Officer (DPO) constantly ensures compliance of all personal data processing in progress within the Cheanel operations.
23. Your Intellectual Property
As between Cheanel and you, you shall own all intellectual property related to your User Content or listing and any other materials created by you, including any description, images, animations, videos, product listing and literary works etc. Cheanel does not claim ownership rights on your Content or materials. For the sole purpose of granting you the Service, You know and agree that you will take all responsibility or claims regarding any material or contents you post or upload via the Cheanel website and Marketplace.
24. Cancellation by Customer
Customers retain the right to discontinue or request to cancel an order before payment.
Customer may also request a return/refund within seven days after order delivery, if you are a Malaysia Customer or 14 days if you are a customer from outside Malaysia should you receive a defective or non-quality product. Terms and conditions apply. For more information about our refund or return procedure, please visit our refund or return policy page.
25. Cancellation by Cheanel
Failure to comply with any of the Cheanel Terms shall grant Cheanel the right to suspend your account or cancel your order at Cheanel's Discretion.
26. Other Websites
The Sites may contain links to other websites ('Third Party Websites'). Cheanel.com is a partner to any third-party website and shall not be responsible for the contents, accuracy and opinions expressed in such Third-Party Websites (which are not investigated, monitored, or checked for accuracy or completeness by Cheanel). Inclusion of any reference to any links or internet addresses on the Sites does not imply Cheanel approval or endorsement of those sites. If a User decides to leave the Sites and access Third Party Sites, the User does so at his/her own risk.
27. Electronic Communications
For contractual purposes, you (a) consent to receive communications from Cheanel in an electronic form via the email address you have submitted, and (b) agree that all terms and condition, agreements, notices, disclosures, and other communications that Cheanel provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The preceding does not affect your non-waivable rights. You retain the right to opt-out of receiving Electronic Communication from us; however, opting out may prevent you from receiving messages regarding Cheanel services or special offers.
Cheanel respects children's privacy, and we are committed to complying with the Malaysia Child Act 2001 and the Sexual Offences against Children Act 2017 to protect the children. This Children Policy describes our practices concerning collecting personal information from children under the age of 18. This Site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent. Neither do we provide Cheanel services to children under 18 years of age except as permitted by Malaysia Child Act 2001.
29. Your feedback
We encourage you to share your reviews and feedback with us, and we promise to respect your feedback irrespective of the outcome, for it helps us improve on our services and make us serve you better. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
30. Information Security
31. Revisions to Terms of Service
At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
32. Governing Law and jurisdiction
The Federal Court of Malaysia (Malay: Mahkamah Persekutuan Malaysia) govern these terms and condition and your use of the Cheanel.com website and Services. Including that required by the European Union GDPR Regulation.
Any disputes relating to these terms and conditions shall be subject to necessary Arbitration.
33. Comments and Complaints
If you have any questions about these terms & conditions or wish to submit a claim or complaints, you can send us a message via firstname.lastname@example.org. We will respond to your complaints within 24 to 72 hours. We will investigate the problem and help with a resolution.
Last Updated: 12 May 2021
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY
Cheanel ("we," "us," or "Our") respects the privacy rights of its users and understands the importance of protecting and handling information collected about you under both the law and best practice. This Privacy Notice is written to comply with the Malaysia Personal Data Protection Act 2010 (PDPA) and Article 13 and Article 14 of EU General Data Protection Regulation, i.e., Regulation (EU) 2016/679 ("GDPR").
10. Data Subjects
11. Your Data Privacy Rights and Choices
2. Acceptance And Use
3. Who We Are
Cheanel operates marketplaces that allow sellers (Vendors) and customers to connect and complete purchases. Sellers (Vendors) are responsible for their stores, Products, listings (including prices), and fulfillment of your order. Seller (Vendors) may be located in your country or region, or elsewhere. However, we are not a party to the contract between you and a Seller (Vendors) when you purchase Products sold by Seller (Vendors).
4. Summary of Personal Information and Use
5. Purposes of Data Collection
The following are examples of how we use your Personal Information:
6. Data Protection Principles
We collect, process, and use personal data (under the definitions of Malaysia Personal Data Protection Act 2010 (PDPA) and Article 13 and Article 14 of EU General Data Protection Regulation, i.e., Regulation (EU) 2016/679 ("GDPR"), to provide our services. Personal data means any information that enables us to identify you, directly or indirectly, such as name, email, address, health information, any form of identification number, or one or more factors specific to you or your beneficiary's identity.
We are committed to complying with applicable data protection laws and will ensure that personal data is:
7. Types Of Data We Collect From You
We may collect and process the following personal information about you:
o email address;
o date of birth;
o billing address;
o bank account and payment information
o telephone number;
We may also collect your geographic location based on your IP address. Suppose you arrive at a Cheanel service from an external source (such as a link on another website contained in an email). In that case, we may use this information to analyze trends, administer the site, track users, and gather demographic information about our user base as a whole.
8. How We Use Your Data
We will only use your data when the law allows us to. Most commonly, we will use your data in the following circumstances, but for more information about the types of lawful basis that we will rely on to process your data
9. With Whom We Share Your Data
Cheanel only shares your personal information with third parties under the circumstances described below. We do not sell or otherwise disclose personal information we collect about you for monetary or other valuable consideration.
10. Data Subjects
For individuals who are located in the European Economic Area, the United Kingdom or Switzerland (collectively "EEA Residents"), data collected from you may be transferred or processed in Malaysia (Collectively "Data Subjects"). When your data is collected, we rely on legal bases for processing your information. We generally only process your data where we are required to, where the processing is necessary to provide our services to you (or to take steps at your request before entering into a contract with you).
11. Your Data Privacy Rights and Choices
We enable you to make numerous choices about your data: Below are the following data protection rights you have when you use our services. You may choose not to provide us with certain information.
12. Data Security
We are committed to maintaining your data's security, having measures in place to protect against the loss, misuse, and alteration of the data under our control. We employ modern and secure techniques to protect our systems from intrusion by unauthorized individuals, and we regularly upgrade our security as better methods become available. Our data centers and our partners utilize new physical security measures to prevent unauthorized access to the facility.
Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry-standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal data.
13. Terms and Conditions
Please visit our Terms of Service page to learn more about our terms and conditions, which establishes the use and disclaimer governing our website's usage.
16. Contact Us
Last updated: 12 May 2021