Terms & Conditions
IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.
1. Acceptance of these Terms and Conditions of Use
These Terms and Conditions of Use apply to your access to and use of all or part of this BabaDona Super Mart Website of YCM Marketing SDN BHD [Company No.: (1123386-M)] or its affiliated companies. If you do not agree to these Terms of Use, please do not use this Mobile App.
As used throughout this website and these Terms of Use, the term “BabaDona” and such terms as “the company”, “legal entity”, “the corporation”, “we” “our”, or “us” may refer to YCM Marketing SDN BHD, or one of more or all of YCM Marketing SDN BHD related corporations and/or its affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.
YCM Marketing SDN BHD reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version at this page. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Website and Services. Your continued use of, or access to, the Website and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the Website and the Services.
Further, eco-shop may at any time and from time to time introduce updates, changes, enhancement, changes or new features to the Website. Any such changes or new features introduced will be subject to these Terms of Use.
2. Registration of Account
In order to access and use the Website and Services, you must set up and register a user account (“Account”) on the Website. You are required to provide your full name, a valid email address and such other information as may be required in the Mobile App in order to register an Account and confirm that you are not a minor. YCM Marketing SDN BHD may contact you through the email address you have provided regarding the Website and Services, and for other purposes as may be mentioned in these Terms of Use and Privacy Policy.
You are required to create a password to complete the registration of your Account. You are solely responsible to keep the password secure and not to reveal it to any other person.
By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading.
You further agree that:
a. You will not share password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
b. You will keep all information provided by you through the website up to date and accurate.
You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify YCM Marketing SDN BHD immediately if you become aware of any unauthorized use of or access to your Account.
3. Promotions, Offers and Discounts
YCM Marketing SDN BHD may from time to time introduce promotions or offers for purchase of its goods and services through the website.
Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the website (or the relevant link embedded therein), or other communications or marketing materials that may be issued by YCM Marketing SDN BHD in relation thereto.
If and where YCM Marketing SDN BHD issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link or by contacting YCM Marketing SDN BHD. For communications or marketing materials issued by YCM Marketing SDN BHD through the website, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the relevant Settings function of your mobile device. Please note that if you opt-out of receiving such communications or marketing materials or notification thereof, we may still send you service-related messages such as transaction receipts or maintenance notices.
4. Website and Account Security
You are prohibited from violating, or attempting to violate, the security of this website and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the website or your Account include:
a. Logging into or attempting to log into a server or user account that you are not authorized to access
b. Accessing data or taking any action to obtain data, information or services not intended for you or your use
c. Attempting to probe, scan or test the vulnerability of any system, network or user account
d. Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures
e. Circumventing any system or mechanism in the website that is designed and intended to limit your access to areas within, or components of, the website
f. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the website or any user account’s functionality or operations;
g. Using the website in a manner or committing any act which is detrimental to, or in violation of, YCM Marketing SDN BHD and/or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the website or by other users of the website
h. Interfering with service to, or engaging in any denial of service attack of, the website, any user, host or network including, without limitation by means of overburdening or ‘flooding’, any computer system.
5. Accessing Using the Website
Each of these platforms may have its own terms and conditions for the downloading, installation and use of the website, and you agree that it is your responsibility to ensure compliance with such terms and conditions.
In accessing and using this website, you must not:
a. Post, send or otherwise transmit to or through the website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that eco-shop in its sole discretion does not wish posted or transmitted on the mobile app
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
c. Upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same
d. Use the website in a matter that would violate these terms of use or any policy posted in the “about” or others section(s) of the website
6. Trademarks
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to eco-shop or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
7. Disclaimer
The website and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, YCM Marketing SDN BHD disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. YCM Marketing SDN BHD does not warrant that access to this website or the Services or to the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. YCM Marketing SDN BHD does not make any representations or warranties regarding the use or the results of the use of the website in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.
YCM Marketing SDN BHD has no obligation to monitor your access to or use of the website or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
8. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall YCM Marketing SDN BHD be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the website or the Services, even if YCM Marketing SDN BHD or any YCM Marketing SDN BHD authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall YCM Marketing SDN BHD’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to YCM Marketing SDN BHD, if any, for using this website and the Services.
9. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this website or the Services, you submit to the exclusive jurisdiction of the Malaysia courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.