Bean Search Expert Sdn. Bhd. (“BeanSE”) located at 3-25, Jalan Puteri 4/6, Bandar Puteri, 47100 Puchong, Selangor, Malaysia provides an ecommerce solution under the brand BeanSE that enables you to build an online store (“Store”) through which you may sell your products and services (“BeanSE Services”).

By signing up for BeanSE Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

 
1. Eligibility
  1. BeanSE DWTServices are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, BeanSE DWT services are not available to persons under the age of EIGHTEEN (18) YEARS.
  2. These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
  3. BeanSE DWTuses many techniques to verify the accuracy of information provided when registering for BeanSE DWT Services and reserves the right to terminate the provision BeanSE Services to you if it believes for any reason that such information may be incorrect.
2. Features and Services
  1. BeanSE DWTServices’ features (excluding payment gateway services and third party plug-ins) are listed on the BeanSE official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://www.beanse.com/
  2. BeanSE DWTwill inform you by email of important information such as service outages, updates, modifications or new developments to BeanSE DWT Services and any changes to these Terms of Service.
  3. BeanSE DWTmay within THIRTY (30) DAYS’ notice to you:
    1. Modify or discontinue any or all aspects of the BeanSE DWTServices or restrict your use of BeanSE DWT Services in whole or in part for any reason at our convenience; or
    2. Change our pricing or these Terms of Service.

If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of BeanSE DWT Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.

  1. BeanSE DWTmaintains a strict no refund policy and does not provide refunds.
3. Customer Content and Intellectual Property Rights
  1. BeanSE DWTdoes not claim any intellectual property rights over your information or material submitted to BeanSE DWT Services and you retain ownership over and responsibility for your Store’s content.
  2. However, you agree to grant BeanSE DWTthe non-exclusive right and license to use your Store’s name, trademarks and content on our BeanSE DWT website or in printed or online advertisements or other publications describing BeanSE DWT
  3. Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).
    1. “BeanSE DWT” and its logos are trademarks of BeanSE DWTand the compilation, collection, selection, arrangement, assembly and coordination of all content available on the BeanSE DWT website are the exclusive copyright of BeanSE DWT.
    2. You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over BeanSE DWTServices’ software and technology, and any other ecommerce solutions or services provided by BeanSE DWT. You shall not perform or attempt to perform any of the following actions:
      1. Subleasing or otherwise offering for access any of the BeanSE DWTServices to any third parties;
      2. Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of BeanSE DWTServices’ software and technology; or
      3. Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).
4. User Restrictions and Indemnity
  1. You shall not use BeanSE DWTServices in any manner that, as determined by BeanSE DWT in its reasonable discretion, whether actual or potential:
    1. Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
    2. Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
    3. Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
    4. Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
    5. Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
    6. Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
    7. Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;
    8. Accesses illegally or without authorisation any computers, servers, accounts or networks of BeanSE DWTor any other BeanSE DWT users, or attempts to hack into BeanSE DWT security systems, having BeanSE DWT host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using BeanSE DWT Services;
    9. Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to BeanSE DWTservers;
    10. Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
    11. Is harmful to BeanSE DWTservers (including without limitation overloading the BeanSE DWT Services’ servers or other technical infrastructure);
    12. Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
    13. Otherwise creates liability for BeanSE DWTor its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the BeanSE DWT operations, reputation, or goodwill.
      1. Where your intended use of BeanSE DWTServices require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via BeanSE DWT without having first obtained the appropriate Licence(s).
      2. You agree that your use of BeanSE DWTServices including information transmitted to or stored at BeanSE DWT servers are governed by our privacy policy at https://www.beanse.com/privacy-policy/
      3. You agree to indemnify and hold BeanSE DWT, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from:
    14. Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and
    15. Your use of BeanSE DWTServices (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Store).

 

5. Privacy Policy
  1. BeanSE DWTvalues your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://www.beanse.com/privacy-policy/
  2. For your information, BeanSE DWTemploys Secure Socket Layers (SSL) to protect all your personal information. BeanSE DWT uses designated processors to handle all credit card payments and does not store any credit card information in any format or record. 
6. Cancellation of Your Account
  1. You may cancel your account at any time by emailing us at support@beanse.com.
  2. However, you are liable for the charge(s) for the 12 months during which you have cancelled your account.
  3. Upon cancellation, BeanSE DWTmay delete any data file associated with your use of the BeanSE Services.
7. Site Content Modification and Termination of Service
  1. BeanSE DWTmay make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and:
      • You fail to remedy it within the time period set out in our email notification to you; or
      • You fail to conform to the instructions in our notification to our absolute satisfaction.
    2. You agree that BeanSE DWTshall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1.
    3. BeanSE DWTreserves the right to discontinue your use of any or all aspects of BeanSE DWT Services without prior notice if we have determined in our reasonable discretion that:
      • You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of BeanSE DWTServices is in violation of any third party’s intellectual property or other proprietary rights); or
      • It is necessary for security reasons or for the proper continuance of the operations of BeanSE DWTServices;
      • You are not using BeanSE DWTServices for a legitimate business purpose.
        • If at any time BeanSE DWTis unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of BeanSE DWT
        • In the event BeanSE DWTdiscontinues your use of BeanSE DWT Services entirely for reasons of sections 7.2 or section 7.3:
      • You agrees not to re-register for or otherwise obtain access to BeanSE DWTServices without our written approval; and
      • BeanSE DWTreserves the right to delete your account (including any data file associated with your use of the BeanSE DWT Services).
8. Disclaimer of Warranties
  1. BeanSE DWTprovides BeanSE DWT on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing BeanSE DWT gives no warranty:
      • That the BeanSE DWTand its other software or services will be error-free or uninterrupted;
      • Regarding uptime, use, data security, accuracy and reliability of BeanSE DWTServices;
      • That our security procedures will prevent the loss of, alteration of, or improper access to your information;
      • In relation to any third party offerings or products available via BeanSE DWTServices;
      • In relation to the availability of external sites or resources (normally provided in BeanSE DWTServices), or for any of its content, advertising, products or other materials.
    2. BeanSE DWTprovides domain name registration and renewal services only as a value added service to an active BeanSE DWT It is your responsibility to ensure that your domain(s) are renewed on time. BeanSE DWT does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.
    3. You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.
9. Limitation of Liability
  • To the widest extent permitted by law, BeanSE DWT(including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of BeanSE DWT Services (however arising, whether as a result of your contractual relationship with BeanSE DWT or negligence).
10. Notice
  • Any notices in connection with BeanSE DWTServices or these Terms of Service will be sent by BeanSE DWT to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.
11. Assignment
  • You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.
12. Governing Law
  • These Terms of Service shall be governed by and construed according to the laws of Malaysia.
13. Force Majeure
  • BeanSE DWT’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.
14. Miscellaneous
  1. These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and BeanSE DWT.
  2. These Terms of Service, our Privacy Policy and our terms and conditions set out at https://www.beanse.com/represent the complete agreement between you and BeanSE DWT, and supersedes all prior agreements and representations.
  3. If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.
  4. No failure or delay on the part of BeanSE DWTto exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.