Terms And Conditions

Terms of Use

Please read these Terms of Use carefully (including our Security & Privacy Policy) before using our website www.marketmarket.com.my (“Site”), our MARKET MARKET software or mobile application (“App”) and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to Market Market 360 Sdn. Bhd. (“MARKET MARKET”, “we”, “our” or “us”). By accessing this Site, App and/or using the Services, you hereby agree: (i) That you have read and agree to be legally bound by these Terms of Use (including our Security & Privacy Policy; and (ii) That you are the user of the Site, App and/or Services and are 18 years or above.  Alcohol listings on the Site, App or Services are intended for those who are 18 years or above, and may only be purchased by those who are 18 years and above. If you do not accept these Terms of Use, please leave the Site, App and/or discontinue use of the Services immediately. MARKET MARKET may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site or through the App.  Any use of the Site, App or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the Site, App and Services.  

1 Site, App and Services

1.1 The Site and App is owned and maintained by MARKET MARKET. 

  • 1.2 MARKET MARKET operates an online platform through the Site or App, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of products:
    • 1.2.1 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works; 
    • 1.2.2 search engines or tools;
    • 1.2.3 blogs, message boards, communication tools;
    • 1.2.4 email or message alerts; and
    • 1.2.5 any other services, features, content or applications that MARKET MARKET may offer through the Site or App from time to time in our sole and absolute discretion.
  • 1.3 MARKET MARKET reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time.  We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.  

 

2 License

2.1 MARKET MARKET hereby grants you a personal, non-exclusive and non-transferable license to use the Site and/or App, and access and use the Services available via the Site and/or App, subject to the terms set out in these Terms of Use.

2.2 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

  • 2.2.1 any Service;
  • 2.2.2 the Site or App;
  • 2.2.3 any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”), except, to the extent permitted, with the prior written consent of MARKET MARKET or unless expressly permitted in these Terms of Use.

2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of MARKET MARKET. 

2.4 The Site, App and all Content are the copyrighted work of MARKET MARKET or our content or software providers, and MARKET MARKET reserves and retains all rights in the Site, App and Content. 

2.5       You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or MARKET MARKET in writing.

2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.  

 

3 Account Information

3.1 To access certain parts of the Site, App or Services, you will be required to sign-up for an account with MARKET MARKET (“Account”) and select a email ("User Name") and password ("Password").

3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.  You agree not to:

  • 3.2.1 share or permit others to use your Account or Password; or
  • 3.2.2 assign or transfer your Account to any other person or entity.

3.3 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. MARKET MARKET shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, or loss, theft, or unauthorized disclosure of your Password, please promptly notify us at: info@marketmarket.com.my

3.4 Each individual or delivery address may only register same (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

3.5 Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information at my account “personal details”.

3.6 Where a delivery address is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

  • 3.6.1 cancel any orders placed through such Account(s);
  • 3.6.2 cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);
  • 3.6.3 prohibit such Account(s) or persons from participating in any promotions, contests or surveys of MARKET MARKET; and/or
  • 3.6.4 merge, suspend and/or terminate Account(s).  

 

4 Orders, Pricing & Payments

4.1 Delivery areas At present, MARKET MARKET delivers to most areas in west Malaysia, but not certain areas.  To find out if MARKET MARKET delivers to your area, please check our website for reference.  You may also contact us at info@marketmarket.com.my to check on our delivery coverage.  MARKET MARKET will only process and accept orders within our delivery coverage.

4.2 Orders

  • 4.2.1 All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use.  All orders shall be subject to acceptance by suppliers.  Processing of payment for an order shall not in itself constitute acceptance of the order by MARKET MARKET, provided that where an order for any product(s) is rejected or cancelled by MARKET MARKET, any payment made for such order shall be reversed or refunded by MARKET MARKET in accordance with our prevailing refund policy at such time.
  • 4.2.2 All orders made by you are subject to stock availability.  MARKET MARKET and suppliers reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

4.3 Product Information, Pricing and Payment

  • 4.3.1 MARKET MARKET endeavors to provide you with accurate and up-to-date pricing, product and promotional information.  However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete.  You agree that MARKET MARKET shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App or through our Services.  The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the App or through our Services.
  • 4.3.2 If the actual price of any item ordered by you is higher than that reflected on the App or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price.  By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time.  If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
  • 4.3.3 Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and: (i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and (ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery. (iii) All product prices are shown in Ringgit Malaysia and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
  • 4.3.4 Payment for all orders shall be made in Ringgit Malaysia.
  • 4.3.5 We accept payment for orders by MasterCard, Visa, direct debit and cash on delivery only. Kindly note that E-GHL currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by E-GHL is subject to change.
  • 4.3.6 By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.  

5 Promotions, Voucher Codes and other privileges and programmes

5.1 From time to time MARKET MARKET may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Site/App and are hereby incorporated by reference into these Terms of Use.

5.2 Promotions, contests, privileges and programmes are only valid for the time period specified by MARKET MARKET.

5.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):

  • 5.3.1 Each Voucher Code is only eligible for a single use and is only valid for the time period specified by MARKET MARKET.
  • 5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from MARKET MARKET during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following: (i) Delivery charges.
  • 5.3.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by MARKET MARKET must be provided.  No retroactive use of the Voucher Code is permitted.
  • 5.3.4 Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
  • 5.3.5 A minimum check-out may be required before use of the Voucher Code is permitted.
  • 5.3.6 Voucher Codes cannot be refunded, redeemed or exchanged for cash.
  • 5.3.7 Resale, transfer and sharing of Voucher Codes are strictly prohibited.  In spite of the above, gift vouchers, if offered by MARKET MARKET, may be purchased by you and given to others.
  • 5.3.8 No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
  • 5.3.9 Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
  • 5.3.10 MARKET MARKET reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
  • 5.3.11 MARKET MARKET reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.

5.4 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

5.5 Where you are permitted to return any product to MARKET MARKET for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.

5.6 MARKET MARKET decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

5.7 MARKET MARKET reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.  

 

6 Deliveries 

6.1 Delivery slots are subject to availability.

6.2 Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.  “Bulk order” is judge based on individual cases, unless otherwise stated in writing by MARKET MARKET or suppliers. Please contact us at sales@marketmarket.com.my to place a bulk order. 6.3 MARKET MARKET will endeavor to deliver the products to your delivery address within the delivery time frame selected by supplier, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries.  You agree that MARKET MARKET shall not be liable for any deliveries made outside the delivery time frame. 6.4 Please notify MARKET MARKET immediately of any change to your delivery address, date or time of delivery, or contact number.  Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative fee based on delivery charges by suppliers. 6.5 Where you specifically instruct MARKET MARKET to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage.  For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device. 6.6 If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. MARKET MARKET reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee. 6.7 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, MARKET MARKET reserves the right to reschedule or cancel the delivery and charge you a re-delivery fee. 6.8 If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at sales@marketmarket.com.my.  MARKET MARKET at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).  

 

7 Intellectual Property

7.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with MARKET MARKET and its licensors.

7.2 The trademarks, logos and service marks ("Marks") displayed on this Site or App are the property of MARKET MARKET and other third parties, and all rights to the Marks are expressly reserved by MARKET MARKET and relevant third parties.  You are not permitted to use the name of MARKET MARKET or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of MARKET MARKET or such third party.

7.3 The domain name on which the Site is hosted on is the sole property of MARKET MARKET and you may not use or otherwise adopt a similar name for your own use.  

8 Comments, Feedback and Other Information

8.1 You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  MARKET MARKET reserves the right (but not the obligation) to review, remove or edit such content.

8.2 You hereby grant MARKET MARKET a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as MARKET MARKET may require at its sole discretion.  You further agree that MARKET MARKET may use and publish your name in connection with such Comments.

8.3 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site or App, please contact us at info@marketmarket.com.my.  

 

9 Disclaimers & Limitations

9.1 While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, MARKET MARKET disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, MARKET MARKET does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device.  MARKET MARKET does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9.2 You agree that:

  • 9.2.1 MARKET MARKET shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and
  • 9.2.2 access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, MARKET MARKET shall not be liable for any loss, liability or damage which may be incurred as a result.

9.3 In no event shall MARKET MARKET be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device.  In the event that MARKET MARKET is liable for damages despite the foregoing provision, you agree that MARKET MARKET aggregate liability to you for any and all causes of action in relation to: 9.3.1 any order, sale or delivery of any product by MARKET MARKET under these Terms of  Use shall not exceed the price of the product giving rise to such claims; and

9.4 In no event shall MARKET MARKET be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if MARKET MARKET or a MARKET MARKET authorized representative has been advised of, or should have foreseen, the possibility of such damages.

9.5 You agree that the above exclusions and limitations of liability enable the and the Content to be provided by MARKET MARKET at either reasonable costs or no costs to you.  

 

10 Linked Sites

10.1 MARKET MARKET may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users.  MARKET MARKET has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites.  MARKET MARKET does not endorse, recommend or guarantee any of the Linked Sites, and MARKET MARKET expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.  

 

11 Security & Privacy

11.1 MARKET MARKET recognizes the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Security & Privacy Policy. 11.2 Please do not submit any personal information or data without first reading our Security & Privacy Policy which explains our data use and privacy practices in detail.  

 

12 Suspension & Termination

12.1 You agree that MARKET MARKET has the right in its sole and absolute discretion and without notice or liability to:

  • 12.1.1 restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or
  • 12.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.

12.2 Without prejudice to the generality of the above, MARKET MARKET reserves the right to deactivate your Account if it has been inactive for a period of 5 years or more, or if you are in breach of any of our Terms of Use.    

 

13 Notification of Infringement

13.1 MARKET MARKET reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify MARKET MARKET in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act (Cap. 63) (“Infringement Notice”).

13.2 All Infringement Notices shall be sent to MARKET MARKET addressed as follows: [Notice] Email address: info@marketmarket.com.my Attn: Director, Corporate Development

13.3 MARKET MARKET will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against MARKET MARKET in respect of any Infringing Material, unless you have first given MARKET MARKET the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter MARKET MARKET refuses or fails to remove the Infringing Material within a reasonable time.  Where MARKET MARKET removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against MARKET MARKET under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by MARKET MARKET.

13.4 You acknowledge and agree that MARKET MARKET has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.  

 

14 Jurisdictional Issues

14.1 The Site, App and Services are meant for use by residents of South East Asian Continent only.  MARKET MARKET makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location.  Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  

 

15 Indemnity

15.1 You agree to indemnify and hold MARKET MARKET, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

  • 15.1.1 any use of the Site, App or any Service;
  • 15.1.2 your connection to the Site or App;
  • 15.1.3 your breach of any terms and conditions of these Terms of Use;
  • 15.1.4 your violation of any rights of another person or entity; or
  • 15.1.5 your breach of any statutory requirement, duty or law.  

 

16 Severability               

16.1 If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.  

 

17 Relationship of Parties

17.1 Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between MARKET MARKET and you and neither party shall have any authority to bind the other in any way.  

 

18 Waiver

18.1 No waiver of any rights or remedies by MARKET MARKET shall be effective unless made in writing and signed by an authorized representative of MARKET MARKET.

18.2 A failure by MARKET MARKET to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.  

 

19 Force Majeure

19.1 No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

19.2 For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use.  Such circumstance or event shall include strikes, lockouts, industrial action or labor disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.  

 

20 Governing Law & Jurisdiction

20.1 These Terms of Use and all matters relating to your access to, or use of, the Site, App and the Services shall be governed by and construed in accordance with the laws of Malaysia including without limitation the provisions of the Malaysia Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

20.2 You hereby agree to submit to the non-exclusive jurisdiction of the Malaysia courts.

 

Security & Privacy Policy We at [Market Market 360] SDN BHD (“MARKET MARKET” “we,” “us,” “our”) know that our users and customers (“you,” “your”) care about how your personal information is collected, used and shared, and we take your privacy seriously.  Please read this Security & Privacy Policy (“Policy”) to understand how MARKET MARKET may collect, use and disclose your personal data, whether through the MARKET MARKET website at WWW.MARKETMARKET.COM.MY (“Site”), the MARKET MARKET software or mobile/tablet application (“App”), or otherwise in the course of our normal business operations.  

1 Consent By accessing the Site, App and/or providing personal data to MARKET MARKET, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by MARKET MARKET in accordance with this Policy.  If you do not consent to the terms of this Policy, please do not access the Site, App or provide your personal data to MARKET MARKET.   MARKET MARKET does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with MARKET MARKET (“Account”). If you are under 18, please do not use the Site or App, or attempt to register an Account or send any personal data about yourself to us.  

2 What is Personal Data “Personal data” means data about a person who can be identified

(i) from that data, or

(ii) from that data and other information to which MARKET MARKET has or is likely to have access.   

3 What personal data does MARKET MARKET collect We gather various types of personal data of our users and customers, as explained more fully below. Data that is voluntarily provided. MARKET MARKET collects personal data that you voluntarily provide to us, whether through the Site, App or other platforms or channels (such as through email, telephone and other forms of communication).  At various places on the Site or App, or in the course of obtaining the services provided by MARKET MARKET, you may be required to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site or App, or to otherwise obtain our services.  For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site or App, or to obtain certain services from us.   Data that is sent automatically.  In addition, MARKET MARKET collects data that is sent automatically by your web browser, computer, mobile or tablet device.  This may include your IP address, the address of the web page you were visiting when you accessed our Site, date and time of your visit, information about the device you are using and other information.  Please check the settings of your browser and/or device if you want to know what data is automatically sent or if you wish to change your settings.  Please also refer to the section on “Use of Cookies” below.  

4 How do we use your data Generally, we collect personal data in order to provide our products and services to you, and to personalize and improve our services and your user and customer experience with MARKET MARKET.  Personal data collected by MARKET MARKET may be used:

4.1 to process, record, monitor and fulfil your orders and deliveries;

4.2 to plan and schedule routes for deliveries;

4.3 to verify and process your personal particulars and payment;

4.4  to communicate with you, including to confirm and update you on the status of your orders and deliveries, and respond to your queries and requests;

4.5 to improve our products or services;

4.6 to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;

4.7 to conduct marketing research, user profile and statistical analysis;

4.8 to customise your online experience according to your chosen interests and preferences and enhance your current and future visits to the Site, use of the App and customer experience with us;

4.9 to update and back-up our records;

4.10 to reduce credit risk detect and protect us against error, fraud and other criminal activity;

4.11 to comply with law, the requests of law enforcement and regulatory officials, or orders of court;

4.12 to enforce our legal rights and remedies; or

 4.13 for such other purposes notified to you on or before collection or use of the data.  

5 Who do we disclose your data to We do not rent, trade or sell your personal data. Your personal data will not be disclosed by MARKET MARKET to any third party, except: 

5.1 to:

  • 5.1.1 any affiliate, subsidiary or partner of MARKET MARKET;
  • 5.1.2 our technology, marketing and logistics service providers; 
  • 5.1.3 credit card and payment processing companies;
  • 5.1.4 lawyers, auditors, professional advisors and investors of MARKET MARKET; or
  • 5.1.5 any other agents, service providers or subcontractors acting for or on behalf of MARKET MARKET, to the extent required to carry out the purposes set out in Section 4, or to do anything at your request; or

5.2 where you expressly consent to such disclosure; or

5.3 where such disclosure is required or permitted by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.   From time to time, we may collaborate with other third parties to organize joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties.  For example, where a promotion or Voucher Code is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information. “Voucher Code” refers to any credits, vouchers, coupons or codes offered by MARKET MARKET for use in the purchase of goods from MARKET MARKET.   Recipients of your personal data may be located outside Malaysia.  You agree that we may transfer your personal data to our affiliates, subsidiaries and/or other third parties located outside of Malaysia, as long as the personal data is handled in accordance with this Policy and all applicable laws. MARKET MARKET will ensure recipients of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 (No. 26 of 2012).   

6 How long do we retain your data Personal data provided by you will be retained as long as the purpose for which the data was collected continues. Thereafter, MARKET MARKET will destroy or delete the information, or remove the means by which the data can be associated with you, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect MARKET MARKET interests. 

7 Is your data secure

7.1 As your Account is protected by a password for your privacy and security, we ask that you take steps to protect against unauthorised access or use of your Account.  Please select and protect your password appropriately and limit access to your device and browser by signing off after you have finished accessing your Account. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use.

7.2 MARKET MARKET understands the importance of keeping your personal data private and secure.  We therefore put in place security arrangements to protect your privacy and personal data, in a manner that we believe is reasonably appropriate to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.  Please be informed that despite our best efforts, no security measures are impenetrable.  Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of your personal data.  MARKET MARKET does not warrant or guarantee in any way that your personal information or private communications will always remain private and/or safe. MARKET MARKET hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.  

8 Linked Sites  MARKET MARKET may provide links to other sites ("Linked Sites") that may be of relevance and interest to you.  MARKET MARKET has no control over, and are not responsible for the privacy practices or the content of such Linked Sites, and you hereby waive any claim against us with respect to the Linked Sites.  

9 Use of Cookies   In order to improve our products and services, we collect data by way of “cookies”.  Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App.  This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users.  Cookies also enable you to use or access certain features or services of our Site or App, including the shopping cart and check-out features.  For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers.  Cookies are small data files that are sent to your browser from our Site or App and are stored on your computer’s or device’s hard drive.  Each time you visit our Site or App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Site or App to recognise your computer or device as having previously visited our Site or App and thereby increase the functionality of our Site or App on your computer or device.  Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally.  Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App.  

10 How to access and correct your data  If you wish to access, correct or update your personal data, you may do so at any time by accessing your Account settings through the Site or App.  Alternatively, you may contact us at info@marketmarket.com.my. You are responsible for providing us with correct and updated information.   

11 What choices do you have?

11.1 Keep in mind that the information we gather is in an effort to offer you a superior online shopping experience that is customized.  You may be able to access, correct or update certain information as explained in Section 10 above. When you update information, however, we may maintain a copy of the unrevised information in our records.

11.2 You may request deletion of your account by sending an email to info@marketmarket.com.my or calling us at our operating hours (weekdays from 9am – 6pm) at +6016-655 2022. Please note that some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your personal data after you delete your account, but not in a manner that would identify you personally unless permitted by law.

11.3 If you do not wish to receive email or other communications from us, you can unsubscribe from our mailing list by using the unsubscribe facility that may be provided with such email or communication, or contact us at info@marketmarket.com.my or at our operating hours (weekdays from 9am – 6pm).    

12 Questions or Concerns Please direct any questions or concerns that you may have regarding our handling of your personal data to: The Data Protection Officer Email: info@marketmarket.com.my Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner.   

13 Right to amend Policy  MARKET MARKET reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site or App.  

14 Governing Law  This Policy is governed by and shall be construed in accordance with Malaysia law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law.  You agree to submit to the non-exclusive jurisdiction of the Malaysia courts.

 

Security & Privacy Policy

We at [Market Market 360] SDN BHD (“MARKET MARKET” “we,” “us,” “our”) know that our users and customers (“you,” “your”) care about how your personal information is collected, used and shared, and we take your privacy seriously.  Please read this Security & Privacy Policy (“Policy”) to understand how MARKET MARKET may collect, use and disclose your personal data, whether through the MARKET MARKET website at WWW.MARKETMARKET.COM.MY (“Site”), the MARKET MARKET software or mobile/tablet application (“App”), or otherwise in the course of our normal business operations.  

1 Consent By accessing the Site, App and/or providing personal data to MARKET MARKET, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by MARKET MARKET in accordance with this Policy.  If you do not consent to the terms of this Policy, please do not access the Site, App or provide your personal data to MARKET MARKET.   MARKET MARKET does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with MARKET MARKET (“Account”). If you are under 18, please do not use the Site or App, or attempt to register an Account or send any personal data about yourself to us.  

2 What is Personal Data “Personal data” means data about a person who can be identified

(i) from that data, or

(ii) from that data and other information to which MARKET MARKET has or is likely to have access.   

3 What personal data does MARKET MARKET collect We gather various types of personal data of our users and customers, as explained more fully below. Data that is voluntarily provided. MARKET MARKET collects personal data that you voluntarily provide to us, whether through the Site, App or other platforms or channels (such as through email, telephone and other forms of communication).  At various places on the Site or App, or in the course of obtaining the services provided by MARKET MARKET, you may be required to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site or App, or to otherwise obtain our services.  For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site or App, or to obtain certain services from us.   Data that is sent automatically.  In addition, MARKET MARKET collects data that is sent automatically by your web browser, computer, mobile or tablet device.  This may include your IP address, the address of the web page you were visiting when you accessed our Site, date and time of your visit, information about the device you are using and other information.  Please check the settings of your browser and/or device if you want to know what data is automatically sent or if you wish to change your settings.  Please also refer to the section on “Use of Cookies” below.  

4 How do we use your data Generally, we collect personal data in order to provide our products and services to you, and to personalize and improve our services and your user and customer experience with MARKET MARKET.  Personal data collected by MARKET MARKET may be used:

4.1 to process, record, monitor and fulfil your orders and deliveries;

4.2 to plan and schedule routes for deliveries;

4.3 to verify and process your personal particulars and payment;

4.4  to communicate with you, including to confirm and update you on the status of your orders and deliveries, and respond to your queries and requests;

4.5 to improve our products or services;

4.6 to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;

4.7 to conduct marketing research, user profile and statistical analysis;

4.8 to customise your online experience according to your chosen interests and preferences and enhance your current and future visits to the Site, use of the App and customer experience with us;

4.9 to update and back-up our records;

4.10 to reduce credit risk detect and protect us against error, fraud and other criminal activity;

4.11 to comply with law, the requests of law enforcement and regulatory officials, or orders of court;

4.12 to enforce our legal rights and remedies; or

4.13 for such other purposes notified to you on or before collection or use of the data.  

5 Who do we disclose your data to We do not rent, trade or sell your personal data. Your personal data will not be disclosed by MARKET MARKET to any third party, except: 

5.1 to: 5.1.1 any affiliate, subsidiary or partner of MARKET MARKET;

5.1.2 our technology, marketing and logistics service providers; 

5.1.3 credit card and payment processing companies;

5.1.4 lawyers, auditors, professional advisors and investors of MARKET MARKET; or

5.1.5 any other agents, service providers or subcontractors acting for or on behalf of MARKET MARKET, to the extent required to carry out the purposes set out in Section 4, or to do anything at your request; or

5.2 where you expressly consent to such disclosure; or

5.3 where such disclosure is required or permitted by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.   From time to time, we may collaborate with other third parties to organize joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties.  For example, where a promotion or Voucher Code is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information. “Voucher Code” refers to any credits, vouchers, coupons or codes offered by MARKET MARKET for use in the purchase of goods from MARKET MARKET.   Recipients of your personal data may be located outside Malaysia.  You agree that we may transfer your personal data to our affiliates, subsidiaries and/or other third parties located outside of Malaysia, as long as the personal data is handled in accordance with this Policy and all applicable laws. MARKET MARKET will ensure recipients of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 (No. 26 of 2012).   

6 How long do we retain your data Personal data provided by you will be retained as long as the purpose for which the data was collected continues. Thereafter, MARKET MARKET will destroy or delete the information, or remove the means by which the data can be associated with you, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect MARKET MARKET interests. 

7 Is your data secure

7.1 As your Account is protected by a password for your privacy and security, we ask that you take steps to protect against unauthorised access or use of your Account.  Please select and protect your password appropriately and limit access to your device and browser by signing off after you have finished accessing your Account. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use.

7.2 MARKET MARKET understands the importance of keeping your personal data private and secure.  We therefore put in place security arrangements to protect your privacy and personal data, in a manner that we believe is reasonably appropriate to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.  Please be informed that despite our best efforts, no security measures are impenetrable.  Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of your personal data.  MARKET MARKET does not warrant or guarantee in any way that your personal information or private communications will always remain private and/or safe. MARKET MARKET hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.  

8 Linked Sites  MARKET MARKET may provide links to other sites ("Linked Sites") that may be of relevance and interest to you.  MARKET MARKET has no control over, and are not responsible for the privacy practices or the content of such Linked Sites, and you hereby waive any claim against us with respect to the Linked Sites.  

9 Use of Cookies   In order to improve our products and services, we collect data by way of “cookies”.  Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App.  This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users.  Cookies also enable you to use or access certain features or services of our Site or App, including the shopping cart and check-out features.  For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers.  Cookies are small data files that are sent to your browser from our Site or App and are stored on your computer’s or device’s hard drive.  Each time you visit our Site or App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Site or App to recognise your computer or device as having previously visited our Site or App and thereby increase the functionality of our Site or App on your computer or device.  Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally.  Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App.  

10 How to access and correct your data  If you wish to access, correct or update your personal data, you may do so at any time by accessing your Account settings through the Site or App.  Alternatively, you may contact us at info@marketmarket.com.my. You are responsible for providing us with correct and updated information.   

11 What choices do you have?

11.1 Keep in mind that the information we gather is in an effort to offer you a superior online shopping experience that is customized.  You may be able to access, correct or update certain information as explained in Section 10 above. When you update information, however, we may maintain a copy of the unrevised information in our records.

11.2 You may request deletion of your account by sending an email to info@marketmarket.com.my or calling us at our operating hours (weekdays from 9am – 6pm) at +6016-655 2022. Please note that some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your personal data after you delete your account, but not in a manner that would identify you personally unless permitted by law.

11.3 If you do not wish to receive email or other communications from us, you can unsubscribe from our mailing list by using the unsubscribe facility that may be provided with such email or communication, or contact us at info@marketmarket.com.my or at our operating hours (weekdays from 9am – 6pm).    

12 Questions or Concerns Please direct any questions or concerns that you may have regarding our handling of your personal data to: The Data Protection Officer Email: info@marketmarket.com.my Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner.   

13 Right to amend Policy  MARKET MARKET reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site or App.  

14 Governing Law  This Policy is governed by and shall be construed in accordance with Malaysia law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law.  You agree to submit to the non-exclusive jurisdiction of the Malaysia courts.