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IMPORTANT - Please read the following Platform Terms and Conditions carefully before you start using the Platform and/or the Services made available therein so that you are fully aware of your legal rights and obligations with respect to Borong-MY (formerly known as Dropee) Platform and Services.
1. This Platform Terms and Conditions apply to your access to and use of Borong-MY websites (including market.borong.com), mobile sites, and mobile applications "Platform, governs your account and activities on the Platform, including transactions of sale and purchase, and apply to the contents, features, payment solutions, delivery, products, and services made available by Borong-MY ("Services").
2. In this Platform Terms and Conditions, "Borong-MY", "we", "us" or "our" shall mean Macro Tech Ventures Sdn. Bhd. (Registration No. 1190627-U) and "you" or "your" refer to you, as a User of the Platform and/or Services, signed up or otherwise.
3. By accessing to and using the Platform and/or the Services and/or signing up as a Wholesaler or Retailer, you hereby agree that the Platform and Services are made available subject to the following terms and conditions and policies which you have read, understood and accepted:- Platform Terms and Conditions (https://market.borong.com/terms-and-conditions) Privacy Policy (https://market.borong.com/privacy-policy) Return & Refund Policy (https://market.borong.com/return-and-refund-policy) Personal Data Protection Act (PDPA) Notice (https://market.borong.com/pdpa) (collectively referred to as "Borong-MY General Terms"),
In addition to the Specific Terms (where applicable), which may include but not limited to:-
4. If you are a Seller, you further agree that the Platform and Services are made available subject to the Seller’s Partnership Agreement which you have received, read, understood and accepted upon your creation of a Seller’s account.
5. If you do not agree to any of the terms in Borong-MY General Terms or Specific Terms, please discontinue the use of our Platform and Services.
6. In this Platform Terms and Conditions, where the context so admits, the following expressions shall have the meaning designated hereinbelow unless otherwise stated:-
7. Borong-MY B2B marketplace and a wholesale business platform connecting Sellers and Buyers.
8. Notwithstanding the above and the fact that invoices issued to you in the Platform may contain the logo and/or name of Borong-MY, the sale and purchase between Retailer and Wholesaler on the Platform shall remain a contract between the Retailer and Wholesaler.
9. Borong-MY shall not be liable and expressly disclaim all warranties in relation to Products sold or supplied by the Wholesaler, whether express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
10. Borong-MY acts as an intermediary between Retailer and Wholesaler and where applicable, the 3PL. Borong-MY shall not be liable to the Users in relation to the sale and purchase of the Products between the Retailer and Wholesaler and in relation to the delivery of the Products by 3PL, any disputes arising therefrom shall be resolved between the parties concerned.
11. Through Borong-MY Platform, Buyers may have the option to apply and Sellers may have the option to offer credit terms, known as Seller Payment Terms. Whereas, under the Digital Niaga Program powered by Borong-MY, Buyers may gain access to financing facilities for purchase of Products from the Platform.
12. Under the Seller Payment Terms, Sellers may offer Buyers the option to order and purchase Products on credit terms, which may be enabled and/or offered by the Sellers solely at the discretion of Sellers.
13. Sellers offering Seller Payment Terms shall be bound by the terms and conditions stipulated in the Seller Payment Terms of Application and the Seller’s Partnership Agreement.
14. Buyers shall, upon the creation of an application for credit terms under the Seller Payment Terms, be subject to the terms and conditions stipulated in the Seller Payment Terms of Application.
15. Buyers applying for credit terms under Seller Payment Terms shall further be bound by such terms and conditions as may be imposed by the Sellers in its invoices or other relevant documents.
16. Under the Digital Niaga Program, Buyers may have the opportunity to apply for financing facilities which may be offered by the collaborating financiers in collaboration with Borong-MY.
17. Financing facilities extended by the financiers through Digital Niaga Program are exclusively for the purpose of settlement of payments arising from activities transacted on Borong platform.
18. Financing facilities extended by financiers may include credit terms, typically thirty (30) days or sixty (60) days, offered solely at the discretion of the financiers.
19. Buyers shall, upon the creation of an application under Digital Niaga Program, be subject to the terms and conditions stipulated in the Digital Niaga Program Terms of Application.
20. Buyers applying for Digital Niaga Program shall further be bound by such terms and conditions as may be imposed by the financiers offering the financing facilities to Buyers.
21. For the avoidance of doubt, Borong-MY merely serves as an intermediary platform between Buyers and the financiers, and Borong-MY shall not be held responsible nor liable to the financing products offered by the financiers in any manner whatsoever.
22. We grant you permission to use the Platform subject to the restrictions in Borong-MY General Terms and the Specific Terms. Your use of the Platform is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
23. The Platform or its aspects, functions, features or version may be changed, modified, updated, corrected, added, interrupted, restricted, limited, suspended, terminated or discontinued, whether in part or in whole, at any time, whether temporarily or permanently, with or without prior notice to you and with or without any reason.
25. Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives and agents) shall not be held accountable or liable for any losses and damages that you may suffer or sustain as a result of such suspension or termination.
26. In order to access the Platform and/or to use the Services, you are required to create an account with us which is subject to our approval at our sole discretion.
27. An account may be registered with the Platform under the category of Wholesaler, also known as the “Seller Account” or under the category of Retailer, also known as the “Buyer Account”.
28. To process your application, you are required to provide all information and documents requested by us including but not limited to your company/business registration number, company incorporation documents and details of personnel handling the account.
29. You shall not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
30. In creating an account, you warrant that all information provided to Borong-MY is accurate, current and complete at all times and any changes shall be notified to us immediately. You shall indemnify and keep Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives and agents) indemnified and hold us harmless for any losses, damages, costs, expenses, claims, actions, proceedings which we may suffer arising from any inaccurate or false statement submitted by you to us.
31. You further agree to provide any additional information and documents as and when requested by Borong-MY. Any documents submitted by you to us are non-returnable and shall belong to and remain the property of Borong-MY.
32. You acknowledge and agree that we may conduct credit checks on you including but not limited to checking with registered credit bureau or reporting agency for purpose of accessing your credit worthiness and you agree to execute all consent forms or to provide additional documents necessary for such credit checks if so required by us.
33. To create and maintain an account on the Platform, you must be an incorporated legal entity or have a business registration number and are authorized under your constitution documents to conduct business with us in accordance with the laws of Malaysia.
34. Borong-MY reserves the right to accept, withhold or reject your application to create an account (whether a Seller Account or Buyer Account) on the Platform without assigning any reason, or with reason amongst others:-
35. You will be registered with an account upon the successful completion of the process for creation of account if approved by Borong-MY.
36. If you are a Wholesaler, you may create one (1) account with minimum one (1) Login ID.
37. If you are a Retailer, you may create one (1) account with minimum one (1) Login ID.
38. You are responsible to protect and safekeep your account information, including your login ID and password. Please do not share your account information with any other parties.
39. You are also responsible for all activities that occur in connection with your account and you agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security.
40. Borong-MY shall not be liable for any loss that you may incur as a result of a third party using your account, either with or without our/your knowledge. In addition, you shall be held liable for any losses, damages, costs, expenses and claims which may be incurred by Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives and agents) as a result thereof.
41. Borong-MY reserves the right to restrict, suspend or terminate the Services and/or your account and/or take any such measures or actions that we deem necessary with or without prior notice, and with or without assigning any reasons. Examples of circumstances which could potentially lead to the restriction, suspension or termination of your account are:-
42. Where your account is suspended or terminated for any reason whatsoever or where you voluntarily terminate your account (as the case may be), Borong-MY may at our sole discretion, with or without prior notice:-
43. If you are a Retailer, Borong-MY may deem your account to be dormant if you did not log in or access to the Platform for a duration longer than six (6) months.
44. In the event that your account is deemed dormant, Borong-MY may place a restriction on the use of Services and/or the Platform or terminate your account.
45. You acknowledge and agree that certain functions and features made available by Borong-MY on the Platform and certain Services is subject to payment of fees, charges or other monies which may be imposed by us from time to time and as may be prescribed in the Platform, Borong-MY General Terms, and/or the Specific Terms.
46. Borong-MY reserves the right to revise any fees, charges or other monies imposed upon you at any time including to impose additional fees, charges or other monies.
47. Borong-MY is not an agent for, and does not represent any User. You shall be solely and directly responsible for all risks and liabilities related to transactions entered into on the Platform and in relation to any information provided by other User to you and vice versa.
48. Any risks and liabilities relating to transactions undertaken between a Wholesaler and Retailer shall be borne by the Wholesaler and Retailer itself. As such, before proceeding with any transaction on the Platform, you should make your own independent assessment and determination regarding the statements, pricing, information, the representations of the other party and the party’s ability to pay for or deliver the Products offered and such other specific terms and conditions as may be imposed by the Wholesaler (if any).
49. If you place an order to purchase Products on the Platform and the order is accepted, you are obligated to complete the order or transaction with the Wholesaler and to be bound by such other specific terms and conditions as may be specified by the Wholesaler on the Platform, unless:-
50. The Platform shall notify a Retailer of all orders made, and upon the Wholesaler’s acceptance of an order, the status for the transaction shall be reflected as “Confirmed” on the Platform.
51. The Retailer may place an order for Products which constitutes an offer to purchase and shall be responsible for ensuring the accuracy of the order upon placing such order. The Wholesaler may prescribe a minimum or maximum number of purchases as condition for an order to be placed.
52. All orders are offers subject to the Wholesaler’s acceptance, which may be refused or rejected by the Wholesaler. A binding contract is formed between the Wholesaler and Retailer when the Wholesaler accepts the order.
53. Borong-MY is authorized by the Wholesaler but is not obligated to accept orders for Products placed by Retailer for and on behalf of the Wholesaler.
54. An order is deemed accepted and a binding contract is in place when the status of an order on the Platform is updated to “Confirmed”. Notwithstanding, Borong-MY does not guarantee any Products availability and inventory of the Wholesaler, which is the responsibility of the Wholesaler.
55. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Platform, Borong-MY reserves the right to rectify such error and/or cancel any order or transaction which has been entered into in reliance on the said error.
56. You agree and understand that your remedy in the event of any cancellation of order made pursuant to clause 43 above is the refund of the amount paid by you in respect of such cancelled order or transaction, if paid. Nothing herein shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the transaction and delivery of the Product under the order.
57. Save and except where Borong-MY Credit applies, payment for any purchase of Products on the Platform shall be made within thirty (30) days from the confirmation of order via the following methods:-
58. You acknowledge and agree that third party payment processor may be engaged for payment processing under the Platform and Borong-MY is herein granted the right to disclose any and all information you provided with the payment processor.
59. By submitting payment details in conjunction with the creation of your account as Retailer and/or order of Products, you agree to pay for the Products ordered, and any applicable taxes and other fees or monies that may accrue for your purchase of Products through the Platform. You expressly authorize Borong-MY, the Wholesaler, and any third-party payment processor to charge or credit any payment due from you and to make any adjustments, if necessary.
60. When making payment, you must only use payment methods that are legally available to you and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment and where we deemed necessary, to suspend the processing of such order until our investigations are complete.
61. All Products are delivered in accordance with our standard operating procedures with the Wholesaler and we or the 3PL do not accept any special instructions. We shall not be responsible to replace or refund an order which does not conform to the special instructions requested by you.
62. Wholesaler agrees that Borong-MY shall be entitled to review the pricing of the Products offered by the Wholesaler on Borong-MY Platform which shall not in any event higher than the pricing offered on all other platforms.
63. Borong-MY reserves the right to demand for adjustment of pricing of Products and/or to remove the listing of Products which does not meet the requirement of Borong-MY.
64. Whether you are the Wholesaler or Retailer, all invoices or outstanding payment can be viewed on your account dashboard.
65. You acknowledge and agree that in the event any payment on your account remain outstanding, we shall be entitled and/or on behalf of the parties to whom the outstanding payment is owed, as the case may be, to deem all amount payable by you immediately due and payable and demand from you for such payment.
66. You hereby authorise Borong-MY to deduct and/or debit from your account (or any monies held by Borong-MY on your behalf) all applicable subscription fees, platform fees, services charges, late payment interest and other money or fees due and payable arising from the utilisation of Platform and/or Services without any reference to you, which shall be final and conclusive in the absence of a manifest error and you agree that Borong-MY shall not in any event be held liable for any claims, losses, damages, expenses, costs and charges pursuant to such deduction.
67. You further acknowledge and agree that your failure to make payment as and when it is due may lead to the following events:-
68. Borong-MY shall be entitled but without any obligation, on its own behalf or for and on behalf of the relevant creditor, as the case may be, to employ the service of a debt collection agency and/or to resort to other legal and equitable remedies for collection of outstanding payment, and you shall within 14 days upon demand (or such period as may be specified in the demand), settle all sums demanded and indemnify Borong-MY against any costs, expenses, losses, damages, fees, charges (including solicitors’ fees on a solicitor client basis) for the debt recovery.
69. Borong-MY makes available delivery services on the Platform via 3PL to our Wholesaler and Retailer.
70. Wholesaler warrants and undertakes that it shall be responsible for the parcel or contents of delivery and shall indemnify Borong-MY against any losses, damages and for any liabilities including liabilities arising from claims from third parties as a result of delivery of unlawful goods or Products which do not conform with orders.
71. Wholesaler and Retailer understand that delivery of Products is available only in specific delivery areas which may be determined from time to time between Wholesaler and Borong-MY. There may be limited slot available for date of delivery and the date of delivery selected at the time of order may vary.
72. We are entitled to charge the Retailer a delivery fee which may vary depending on the delivery areas.
73. Retailer is responsible to ensure that delivery details entered on the Platform are accurate and complete. You agree to bear the risk and charges for any Products wrongly delivered due to incorrect details provided by you.
74. Upon delivery of the Products, you shall be required to sign and acknowledge receipt of the delivery and 3PL may take photographic proof of delivery which you hereby consent to.
75. Please take note that your signature or the signature of a recipient on your behalf on the delivery note acknowledging receipt of delivery shall deemed to be conclusive evidence that you have examined the Products which correspond with your order.
76. We or 3PL will notify you if 3PL is unable to meet the delivery date for whatever reason including but not limited to an unforeseen circumstance (such as driver's unavailability) provided always that, to the maximum extent permitted by law, we shall not be liable to you for any losses, damages, costs, expenses or charges arising out of a delayed delivery.
77. You acknowledge and agree that in relation to any Products sold on the Platform, Borong-MY has no control over and shall not be responsible nor be liable, for Product' merchantability, suitability and fitness for a particular purpose, Products' correspondence with its samples and descriptions, Products' compliance and non-infringement with any laws, regulations, intellectual property or other rights of third parties, and Products' information and description.
78. Wholesaler shall ensure that all of your Products featured and listed on the Platform shall comply with all applicable laws, rules and regulations, shall not provide any false, inaccurate or misleading information about your Products, shall ensure that you have all necessary rights and legally permitted, whether contractually or otherwise to offer the Products for sale on the Platform, and shall ensure that you are not in
79. Retailer acknowledge and agree to accept the whole risks and legal implication in purchase of the Products on the Platform and/or in use of the Platform and/or Services.
80. You hereby agree to release and hold us harmless from any liability with respect thereto.
81. In the event of return, refund, or replacement of Products purchased, such return, refund, or replacement of products is subject to the Return & Refund Policy (https://www.borong.com/return-and-refund-policy) and completion of return, refund, or replacement process and procedure. Pending such process and procedure, you shall continue to be liable for the full payment in accordance with the invoices available in your account dashboard.
82. Notwithstanding the approval of return, refund, or replacement of Products, all fees paid and payable to Borong-MY shall be non-refundable.
83. In any case of disputes relating to the sale and purchase of the Products on the Platform between the Retailer and the Wholesaler, the Retailer shall first attempt to resolve the dispute with the Wholesaler in good faith, and vice versa.
84. Where the Retailer and the Wholesaler fails to reach an amicable settlement pursuant to Clause 73 above, Borong-MY reserves the right to suggest and implement an appropriate resolution in good faith and at its sole discretion.
85. You agree to abide by and be bound by Borong-MY’s decision and Borong-MY shall be entitled to:-
86. Upon the completion of creation and registration of your account, Retailer agree to place order and purchase Products from the Wholesaler solely through Borong-MY Platform and Retailer agree not to circumvent the Platform by directly transacting with the Wholesaler outside the Platform for Products available on the Platform and Wholesaler similarly agree not to circumvent Borong-MY Platform by directly transacting with the Retailer outside the Platform.
87. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions and authorization to use Your Content as described herein. You shall not imply that Your Content is in any way sponsored or endorsed by Borong-MY.
88. You may expose yourself to liability if, for example, Your Content contains material or information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
89. We reserve the right to remove any of Your Content on the Platform without any notice to you and without assigning any reason. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
90. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
91. Please note that you also irrevocably grant the Users of the Platform and any Other Media the right to access Your Content in connection with their use of the Platform and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Borong-MY and its Users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
92. All intellectual property rights, whether registered or unregistered in relation to the content on the Platform (including website, design, software, images, underlying source code and software) belong to Borong-MY and where applicable, the content providers and third-party licensors.
93. You shall not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Borong-MY Content in whole or in part except as expressly authorized by us in writing. You further agree not to use any robot, spider, scraper or other automated means to access the Platform for any purpose without the prior written permission from Borong-MY.
94. Any person may protect their rights by contacting Borong-MY in the event their copyright or other intellectual property has been infringed or violated on the Platform by any person. Borong-MY may at its sole and absolute discretion remove the Product listing, information, specification and/or photograph complained of and/or suspend sales of the corresponding Product, until such time that Borong-MY investigates and at its sole and absolute discretion decides that the complaints and/or that the alleged claims are invalid or resolved.
95. You shall indemnify and hold harmless Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives and agents) from all actions, claims, demands, suits, or proceedings which may be instituted or made against you and/or us arising from any possible violation of any applicable intellectual property rights and/or laws by you.
96. Additionally, Borong-MY is the owner of pending, registered and/or unregistered trademarks and trade name appearing on the Platform, including Borong-MY name and logo, and all other related names, logos, products and service names, designs and slogan. You agree not to use such names and marks without the prior written consent of Borong-MY.
97. User Content (including any that may have been created by users employed or contracted by Borong-MY) does not necessarily reflect the opinion of Borong-MY. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
98. You agree not to use the Platform in any manner that could damage, disable, overburden, or impair any server, or the networks connected to any Borong-MY' server, or interfere with any other party's use and enjoyment of the Platform.
99. You shall not attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to any Borong-MY' server, through hacking, password or data mining, or any other means.
100. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Platform.
101. You shall not link to any part of the Platform if such activity is illegal, will cause damage to, or will otherwise harm Borong-MY or any other party. Moreover, Borong-MY reserves the right in its sole discretion to disable or otherwise terminate your use of the Platform, or any links you make to the Platform, or request you to do the same.
102. You hereby confirm that all information and documents submitted to Borong-MY are true and complete, and Borong-MY is authorised, but not obligated, to verify such information and documents from whatever sources and means it deemed fit and appropriate. It is your responsibility to provide accurate, complete and up-to-date information to us.
103. You hereby expressly acknowledge and agree that Borong-MY is authorised to collect, retain, use, process and disclose any of your information and documents, your affairs, banking accounts, credit standing and/or conducts to and from any person as we may consider necessary or deemed fit including without limitation to Central Credit Reference Information System (CCRIS), CTOS or any credit reference agency, any authorities, or as required by law, directives or guidelines, whether having the force of law or otherwise, or to any third party including the Seller, Buyer, financiers, service providers, or other participants or collaborators of the Platform.
104. You further consent to the processing and disclosure of personal data provided to us in accordance with Borong-MY Privacy Notice under the Personal Data Protection Act 2010.
105. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES (non-exhaustive), as they are prohibited on the Platform and constitute express violations of this Platform Terms and Conditions:-
106. We reserve the rights to take any of the following actions which are non-exhaustive :-
107. The Platform may contain advertisements and/or links to other sites ("Third Party Sites"). Borong-MY does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites.
108. If you decide to leave the Platform and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the Platform, you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Platform, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Borong-MY bears no responsibility for any action associated with any Third Party Site. Moreover, Borong-MY does not imply an affiliation with any Third Party Site.
109. Please read this section carefully since it limits the liability of the Borong-MY to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. If you are unsure about this or any other section of Borong-MY General Terms, please consult a legal professional prior to accessing or using the Platform. You reiterate that by accessing or using the Platform, you represent that you have read, understood, and agree to Borong-MY General Terms, including this clause. You are giving up substantial legal rights by agreeing to these terms.
110. The Platform is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that Borong-MY may not monitor, control, or vet User Content. As such, your purchase and/or use of Products and Services offered through the Platform is at your own discretion and risks. Borong-MY make no claims or promises about the quality, accuracy, or reliability of the Platform, its safety or security, or the Site Content.
111. Accordingly, Borong-MY is not liable to you for any loss or damage that might arise, for example, from the Platform's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the Platform.
112. Your sole and exclusive right and remedy in case of dissatisfaction with the Platform and Services, or any other grievances shall be your termination and discontinuation of access to, or use of the Platform and Services.
113. Without prejudice to the generality of the foregoing and to the maximum extent permitted by applicable laws, you agree that the aggregate liability of Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives and agents) to you for any claim arising from the use of Platform and Services is limited to the maximum sum of Ringgit Malaysia One Thousand (RM1,000) only.
114. In no event shall Borong-MY be liable for any (i) indirect, special, incidental, punitive, exemplary, reliance or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, (v) loss of information or data, and (vi) any other theory of liability, out of or arising from or in connection with the use of, or inability to use the Platform, whether or not Borong-MY has been advised of the possibility of such damages.
115. You agree to defend, indemnify, and hold harmless Borong-MY (including our related companies, our shareholders, directors, employees, officers, representatives, and agents) from all losses, damages, costs, expenses, claims, demands, actions, suits, proceedings and liabilities that arise from your use of the Platform and/or Services. Borong-MY reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you hereby agree that you will cooperate with Borong-MY in asserting any available defences.
116. The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Platform and Services shall be governed by and construed in accordance with the laws of Malaysia. The Users and Borong-MY hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.
117. You may terminate these terms at any time by closing your account, discontinue the use of the Platform, and providing Borong-MY with a notice of termination.
118. You may request to terminate your account by contacting us at contact@borong.com. However, your request may be withheld or denied if there are outstanding obligations owing by you or due to regulatory reasons or if required by law.
119. Binding: Notwithstanding the absence of signature as proof of acknowledgment and agreement, you expressly agree that the Borong-MY General Terms and Specific Terms shall constitute a legal and binding agreement between you and us, and you acknowledge that no reliance is placed on any representation made but not expressly contained in these terms.
120. Waiver: Any failure by Borong-MY to exercise or enforce any rights or provisions in Borong-MY General Terms or Specific Terms shall not be deemed to constitute a waiver of such right or provision or operate as to bar the exercise or enforcement thereof at any subsequent time or times. 107. Notices: Any notice, request, demand or other communication to Borong-MY under Borong-MY General Terms shall be given or made in writing and delivered personally or sent by prepaid registered post to our registered address. Borong-MY shall be deemed to have received such notice only upon receipt.
121. Notices: Any notice, request, demand or other communication to Borong-MY under Borong-MY General Terms shall be given or made in writing and delivered personally or sent by prepaid registered post to our registered address. Borong-MY shall be deemed to have received such notice only upon receipt.
122. No Assignment: Borong-MY reserves the right to assign, novate, transfer and/or sublicense these terms or any part thereof to any person or entity without your prior written consent. You shall not assign, novate, transfer and/or sublicense these terms or any part thereof to any person or entity without our prior written consent. For the purpose of this clause, assignment will include any assignment by operation of law and change in control of a party.
123. Force Majeure: Borong-MY shall not be liable for any failure to perform any of its obligations under these terms if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events beyond its control and in such case its obligations shall be suspended for so long as such event continues.
124. Severability: If any provision of these terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties intention or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.
125. For any queries, please contact us at contact@borong.com
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