TERMS & CONDITIONS OF USE

 

Welcome to the RUWELL online shopping Platform established by Pingspace which allows the Customer to purchase Goods offered by various Sellers. These Terms govern your use of Services provided by PINGSPACE. Therefore, please read these Terms carefully before using the Platform or opening an Account so that you are aware of your legal rights and obligations with respect to PINGSPACE and your use of the Services.

 

1.     Definitions and Interpretation

 

1.1.  In these Terms, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:

 

“Account”

:

a user account created by a Customer on the Platform.

 

“Additional Conditions”

:

all other terms, conditions, requirements, caveats, exceptions, policies or operating rules posted by us on the Platform or in respect of the Platform, Goods and/or Services from time to time, including any amendments thereto, all of which shall be at the sole, absolute and final discretion of PINGSPACE.

 

“Contract”

:

the contract formed between the Seller and Customer when Seller accepts an order placed by a Customer via the Platform for the purchase by the Customer of the Goods sold by the Seller.

 

“Customer”

also referred to as “you” or “your”

 

:

 

a person who accesses and/or uses the Platform and/or a person who purchases or attempts to purchase Goods via the Platform.

 

“Goods”

:

The items made available for sale on the Platform by a Seller.

 

“Guardian”

:

shall have the meaning ascribed to it in Clause 2.5.

 

“Intellectual Property”

:

all intellectual property rights in and in relation to, whether at common law or statutory proprietary rights, including but not limited to source code, databases, functionality, software, website designs, audio, text, photographs, graphics, trademarks, service marks, logos and get up (including any and all goodwill associated with or attached to any of the same), domain names, patents, inventions (whether or not patentable), registered designs, design rights, copyrights (including rights in software) and moral rights, database rights, and all intellectual property, rights or forms of protection having an equivalent or similar nature or effect anywhere in the world, whether enforceable, registered, unregistered or registrable (including, where applicable, all applications for registration) and the right to take legal action for past and current infringement (including passing off and unfair competition) in respect of any of the same.

 

“Minor Customer”

:

shall have the meaning ascribed to it in Clause 2.5.

 

“PINGSPACE”

also referred to as “we”, “our” or “us”

 

:

PINGSPACE SDN. BHD. (1244697-W) a company incorporated under the laws of Malaysia and having its registered office at Plot 18 & 19, Medan Bayan Lepas, Bayan Lepas Industrial Park, 11900 Penang.

“Platform”

:

means ruwell.co website including all information, linked pages, features, data, text, images, photographs, graphics, messages, tags, content, software on the same, as amended (at the sole, absolute and final discretion of PINGSPACE) from time to time.

 

“Seller”

:

a person who makes available Goods for Purchase via the Platform, which includes third-party vendor(s) whose Goods can be purchased via the Platform with PINGSPACE’s permission, and PINGSPACE itself in respect of selected Goods.

 

“Services”

:

any services, information and functions made available by PINGSPACE via the Platform to the Customers, including, without limitation:

(a) access to and use of the Platform;

(b) services provided on the Platform, including, without limitation, services in respect of or in relation to the sale and purchase of Goods, promotional events, discounts, the collection of points, delivery, and customer service; and

(d) any new features, additions or amendments to, or augmentations of the same.

 

“Terms”

:

the terms and conditions of use contained herein that govern the relationship between PINGSPACE and the Customer in respect of the provision of Services by PINGSPACE and use of the Platform by the Customer, as amended by PINGSPACE at its sole, absolute and final discretion from time to time.

 

       

 

1.2.  Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.

 

1.3.  An expression importing a natural person includes any corporation or other body corporate, partnership, association, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking.

 

1.4.  References herein to Clauses are to clauses in these Terms unless the context requires otherwise.

 

1.5.  Words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part thereof.

 

1.6.  Any reference to “writing” or “written” includes any method of reproducing words or text in a legible and non-transitory form but, for the avoidance of doubt, shall not include short messaging, instant messaging and internet chat.

 

2.     Overview of Terms

 

2.1.  By using the Platform and/or Services in any manner (including, without limitation, accessing the Platform, using or procuring the Services and engaging in any manner with PINGSPACE in respect of the Services), Customer is bound by these Terms, as well as the Additional Conditions without modification, which together form a legally binding contract between PINGSPACE and the Customer. If you do not agree to the Terms, then do not use the Platform. Please read these Terms carefully.

 

2.2.  PINGSPACE reserves the right to amend these Terms and/or the Additional Conditions at any time at its sole, final and absolute discretion. If the Customer does not accept these Terms and/or the Additional Conditions (including any amendments thereto), the Customer is not authorised to use the Platform and/or Services and should cease using the Platform and/or Services.

 

2.3.  Continued use of the Platform and/or the Services will constitute acceptance of these Terms and the Additional Conditions, as may be amended from time to time at the sole, absolute and final discretion of PINGSPACE, in respect of the provision of the Platform and/or Services to the Customer.

 

2.4.  PINGSPACE reserves the right to refuse the Services to anyone for any reason at any time.      

 

2.5.  Customers must be at least eighteen (18) years of age to use the Platform and/or Services, subject always that Customers under the age of eighteen (18) years (“Minor Customer”) may proceed to use the Platform and/or Services with the (a) consent of their parent, legal guardian or adult person acting in the capacity of a parent or guardian for such Minor Customer (“Guardian”) to use the Platform and/or Services; and (b) acceptance of these Terms by the Guardian on behalf of such Minor Customer. It is the responsibility of a Minor Customer to obtain the consent and acceptance of their Guardian as required above before proceeding to open an Account on the Platform. If you are a Guardian, you will be responsible for all use of the Account, Platform and/or Services by the Minor Customer.  Without prejudice to any other rights of PINGSPACE, the Minor Customer and Guardian hereby agree to indemnify PINGSPACE against any loss or damage suffered as a result of a transaction entered into by the Minor Customer. Without prejudice to any other rights of PINGSPACE, should PINGSPACE and/or the Seller suffer any damage or other losses as a result of a transaction entered into by a Minor Customer, PINGSPACE and/or the Seller reserve the right to seek compensation for such losses from the Guardian of such Minor Customer who caused, allowed or failed to prevent any order(s) to be placed on the Platform.

 

2.6.  To the extent that anything in these Terms is inconsistent with the Additional Conditions or any other content available on or through the Platform, the provisions of these Terms shall prevail.

 

3.     Licence & Use

 

3.1.  Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, revocable licence to use the Platform and/or Services for the sole purpose of purchasing Goods or using or participating in the Services on the Platform. All Intellectual Property on the Platform are the sole property of PINGSPACE or where applicable, third party proprietors identified on the Platform. No right or licence is granted directly or indirectly to any person accessing or using the Platform to use or reproduce any Intellectual Property, and no person accessing or using the Platform shall claim any right, title or interest of or to the same. By using or accessing the Platform and/or Services, you agree to comply with all laws governing and protecting (a) PINGSPACE’s rights in respect of its Intellectual Property; and (b) rights in respect of Intellectual Property of third party proprietors identified on the Platform. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, Platform or any content contained therein. You shall not, without the prior written consent of PINGSPACE, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any part of the Platform (including, without limitation, the Intellectual Property of PINGSPACE or third party proprietors identified on the Platform contained therein), without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search platforms to direct Internet users to the Platform). If you breach any of these Terms, we shall be entitled (but not obliged) to terminate immediately the licence granted herein without notice to you, to block or remove your Account, and to block or prevent access by you to the Platform.

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