Terms & Conditions
Welcome to the zelafa.com website (the "Site" or “we” or ”us” or “our”). These terms and conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries and affiliate operated internet sites (collectively “Services”) which reference these Terms and Conditions. “Zelafa” (Zelafa) is owned by World Cloud Ventures Sdn Bhd, a company incorporated in Malaysia under registration number 853264-U and having its registered address at No 45-2, Jalan USJ 21/10, USJ 21, 47640 Subang Jaya, Selangor, Malaysia.
Zelafa is a marketplace that allows buyers and merchants (collectively “users”) to offer, sell, and buy just about anything in a variety of locations. Zelafa does not have possession of anything listed or sold through the Site, and is only an e-commerce platform for users to perform their listing, selling and buying activities.
While we may provide pricing, listing, shipping, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Zelafa reviews users’ listings or contents to a certain extend where it deemed possible. Also, while we may help facilitate the resolution of disputes through various programs, Zelafa has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of merchants to sell items; the ability of buyers to pay for items; or that a buyer or merchants will actually complete a transaction, refund, or return an item.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
In connection with using or accessing the Services, you will not:
× post, list, or upload content or items in inappropriate categories or areas on our sites;
× breach or circumvent any laws, third party rights, or our systems, policies, or determinations of your account status;
× sell any counterfeit items or otherwise infringe the copyright, trademark, or other rights of third parties;
× use our Services if you are temporarily or indefinitely suspended from using them;
× fail to pay for items purchased by you, unless you have a valid reason as set out in a Zelafa policy;
× fail to deliver items sold by you, unless you have a valid reason as set out in a Zelafa policy;
× manipulate the price of any item or interfere with other user’s listings;
× post false, inaccurate, misleading, defamatory, or libellous content;
× take any action that may undermine the feedback or ratings systems;
× transfer your Zelafa account (including Feedback) and User ID to another party without our consent;
× distribute or post spam, unsolicited or bulk electronic communications, or chain letters;
× distribute viruses or any other technologies that may harm Zelafa, or the interests or property of users;
× use any robot, spider, scraper or other automated means to access our Services for any purpose;
× export or re-export any Zelafa application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
× copy, modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from, content that belongs to or is licensed to Zelafa, or that comes from the sites or Services and belongs to another Zelafa user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Zelafa and/or any other party holding the right to license such use;
× commercialize any Zelafa application or any information or software associated with such application;
× harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.
If we believe you are abusing Zelafa in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services without official notice. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content in any of our Services. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account or GEM Points charged / deducted.
GST is implemented in Malaysia with effect from 1 April 2015. It will replace the existing sales tax and service tax. GST will be charged on the price of items and services provided on Zelafa where applicable.
You may refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
TRADEMARKS AND COPYRIGHTS
All intellectual property rights in the Site, whether registered or unregistered, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws of Malaysia. The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between Zelafa and the users in relation to the Services.
In addition to any other legal or equitable processes, we may immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions, without prior notice. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site partially or wholly. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of World Cloud Ventures Sdn Bhd in operating the Site, your sole solution is to discontinue using the Site.
TERMS OF SERVICE
1.1 In the conditions below:
- "Buyer" means the person who accepts a quotation for Products (as defined below) marketed on Zelafa or enters into a Contract with Zelafa for the supply of Products by their respective Merchants;
- “Merchant” means the person or company or any other business entities who accepts the merchant agreement terms and enters into a contract with Zelafa for the listing of Products (as defined below) by them, their company or other business entities as registered on Zelafa;
- “Orders” means the orders made by Buyers as a standard procedure in their Products purchasing process;
- “Merchant’s Portal” means the Merchant’s e-portal in Zelafa for any functions needed by Merchants to complete their required procedural settings in order to fulfil the Buyers’ Orders of Products from them, their company, or their business entities as registered on Zelafa;
- "Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer, Merchant, and Zelafa;
- "Contract" means the contract for the purchase and sale of Products, formed or concluded in any methods and channels;
- "Products" means the products marketed on Zelafa (including any instalment of the products or any parts for them) which Merchants is to supply in accordance with a Contract;
- "Writing" includes electronic mail facsimile transmission and any comparable means of communication.
- “Zelafa” means the e-commerce platform / marketplace owned by World Cloud Ventures Sdn Bhd, a company incorporated in Malaysia under registration number 853264-U and having its registered address at No 45-2, Jalan USJ 21/10, USJ 21, 47640 Subang Jaya, Selangor, Malaysia
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. BASIS OF THE CONTRACT
2.1 The supply of Products by Merchants on Zelafa to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Zelafa’s website connection with the supply of Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Zelafa.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Zelafa in its website shall be subject to correction without any liability on the part of Zelafa.
2.5 Zelafa may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. ORDERS AND SPECIFICATIONS
3.1 Order acceptance and completion of the contract between the Buyer and Zelafa will only be completed upon the involved Merchant issuing a confirmation of dispatch of the Products to the Buyer through the Merchants Portal and reflected in the Buyer’s account. For the avoidance of doubt, the involved Merchant and Zelafa shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Zelafa shall furthermore be entitled to require the Buyer to furnish Zelafa and the involved Merchant with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Zelafa and on terms that the Buyer shall indemnify Zelafa in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Zelafa as a result of the modification or cancellation, as the case may be.
4.1 Purchase limitations of particular products may be placed or changed from time to time according to Merchant’s supply flow.
4.2 Current limitations in place are as below.
Sub-category: Smartphone / Tablet
1 unit (no multiple types) / 4 weeks (30 days)
E.g. Customer purchasing 1 iPhone will not be able to purchase any other phones regardless of brands in every 30 days cycle.
Main-category: Digital gadgets (except Smartphones / Tablet), Home appliances, Kitchen Appliances, TV& Audios
1 unit / 2 weeks
The other categories
2 unit / 1 week
The price of the Products and/or Services shall be the price stated in Zelafa’s website at the time which the Buyer makes its offer purchase to the Merchants on Zelafa. The price excludes the cost of packaging and delivery charges, any applicable Products and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Zelafa in addition to the price.
6. TERMS OF PAYMENT
6.1 The Buyer shall be entitled to make payment for the Products pursuant to the various payment methods set out in Zelafa’s website. The terms and conditions applicable to each type of payment, as contained in Zelafa's website, shall be applicable to the Contract.
6.2 In addition to any additional terms contained in Zelafa’s website, the following terms shall also apply to the following types of payment:
6.2.1 Credit / Debit Card & Online Banking
Credit / Debit Card and Online Banking payment option is available for all Buyers. The payment procedures will be completed through a third-party payment gateway provider hired by Zelafa, and the category of Credit / Debit Cards and Banks accepted will be based on the policies of the third-party payment gateway provider.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
6.2.2 GEM Points
i. GEM Points is the reward point issued by GEM Reward Sdn Bhd, which can be used to purchase Products and services from their recognized merchants. Zelafa is one of the recognized merchant of GEM Reward Sdn Bhd.
ii. By choosing this payment method, the Buyer shall have their GEM Points deducted from their GEM account. The total GEM points deducted is equivalent to the final price of the Products, as converted through the GEM Point conversion formula at that particular moment, which may be changed from time to time without formal notice. The latest conversion formula is as below (5.2.2.iii).
iii. Latest GEM Point conversion formula: [1 GEM Point = MYR 3.50] – as of 29 Nov 2017
iv.Deduction of GEM points during transaction will be based on GEM Reward’s rates and allocation. Products allocated to the Premium wallet will have the indicator as below.
, while products allocated to the Standard wallet will not have any indicators shown.
v. All transactions will be charged a 20% Processing Fee based on the total sales value of the Products. These terms may be changed from time to time without official notice; GEM members may acquire more details of the matter by contacting GEM Reward.
6.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Zelafa, the involved Merchant and/or Zelafa shall be entitled to cancel the Contract or suspend deliveries of the Products until payment is made in full.
7. DELIVERY / SHIPPING
7.1 Delivery of the Products shall be made to the address specified by the Buyer in its Order.
7.2 All delivery procedures shall be processed directly by the involved Merchants themselves. Zelafa is only a marketplace for users to offer, sell, and buy Products, thus is not in whatsoever way involved in the delivery / shipping procedure of the Products.
7.3 Any dates quoted for delivery of the Products (if any) are approximate only. The time for delivery/performance shall not be of the essence, and Zelafa shall not be liable for any delay in delivery or performance howsoever caused.
8. RISK AND PROPERTY OF THE PRODUCTS
8.1 Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products, the time when the involved Merchant and/or Zelafa has tendered delivery of the Products.
8.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions the property in the Products shall not pass to the Buyer until Zelafa has received the full payment of the Products and all other Products agreed to be sold by the involved Merchant and/or Zelafa to the Buyer.
8.3 The Buyer agrees with Zelafa that the Buyer shall immediately notify Zelafa of any matter from time to time affecting Zelafa’s title to the Products and the Buyer shall provide Zelafa with any in-formation relating to the Products as Zelafa may require from time to time.
8.4 Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold) Zelafa shall be entitled at any time to demand the Buyer to deliver up the Products to Zelafa and in the event of non-compliance Zelafa reserves it’s right to take legal action against the Buyer for the delivery up the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.5 The Buyer shall indemnify Zelafa against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Zelafa's rights under this condition.
9. DISCLAIMER OF WARRANTIES & REMEDIES
9.1 Zelafa is not responsible howsoever of any warranty of any Products purchased through the Site.
9.2 Any warranty of Products purchased through Zelafa will be solely the responsible of the involved Merchants, and any required communication shall be solely and directly between the involved Merchant and the Buyer of that particular Product.
9.3 Zelafa will not be hold of any responsibility howsoever in case of any possible disputes between the involved Merchant and Buyer including but not limited to the involvement of Order cancellations, Product dissatisfaction, refund requests, and/or Product returns.
10. FORCE MAJEURE
10.1 Zelafa shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the involved Merchant and/or Zelafa's obligations if the delay or failure was due to any cause beyond Zelafa's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Zelafa's reasonable control:
10.1.1 Act of God, explosion, flood, tempest, fire or accident;
10.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
10.1.4 import or export regulations or embargoes;
10.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Zelafa or of a third party);
10.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
10.1.7 power failure or breakdown in machinery.
10.2 Upon the happening of any one of the events set out in Condition 9.1 Zelafa may at its option:-
10.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
10.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Zelafa shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Zelafa, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12.1 In no event shall Zelafa be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Zelafa had been advised of the possibility of the Buyer incurring the same.
13.1 Except as otherwise provided in this Terms and Conditions, if any provision of this Terms and Conditions is held to be invalid, void, or for any reason unenforceable, such provision shall be stuck out and shall not affect the validity and enforceability of the remaining provisions.
13.2 Headings are for reference purposes only and do not limit the scope or extent of such section.
13.3 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms and Conditions.
13.4 We may amend this Terms and Conditions at any time by posting the amended terms on this site. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. You have the sole responsibility to check this Terms and Conditions from time to time and your continued access or use of our Services constitutes your acceptance of the amended terms.
13.5 The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Site.
13.6 If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms and Conditions. Such account is owned and controlled by the business entity.
13.7 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.
13.8 This Terms and Conditions shall be governed in all respects by the laws of Malaysia. All parties involved (including but not limited to the involved Merchant, Buyer, and Zelafa) submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Terms and Conditions shall be brought exclusively to a court in Malaysia.
13.10 Zelafa reserves their right to these terms and conditions of sale at any time.
Last updated on 12 April 2018