PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE "TERMS OF SERVICE") CAREFULLY. THIS TERMS OF SERVICE APPLIES TO: (A) THE WEBSITE MADE AVAILABLE BY kopibeng Sdn Bhd ("kopibeng," "WE," "US") AVAILABLE AT WWW.KOPIBENG.COM (THE "WEBSITE"), (B) kopibeng'S MOBILE APPLICATION(S) (EACH, AN "APPLICATION" AND COLLECTIVELY, WITH THE WEBSITE, THE "PLATFORM"), AND (C) THE PRODUCTS, SERVICES, FEATURES, TECHNOLOGIES, AND/OR FUNCTIONALITIES PROVIDED BY kopibeng VIA THE PLATFORM (COLLECTIVELY, WITH THE PLATFORM, THE "SERVICES").
BY ACCESSING OR USING OUR SERVICES IN ANY WAY, BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, MAKING INVENTORY AVAILABLE ON THE SERVICES AND/OR BROWSING THE WEBSITE OR DOWNLOADING OUR APPLICATION YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH kopibeng, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF SERVICE.
The Services enable sellers of digital products ("Suppliers") that have a Supplier Account with kopibeng to appoint kopibeng as such Suppliers' non-exclusive reseller of certain of their digital products that kopibeng deems eligible for resale through the Services ("Digital Products" or "Products"). Products offered for resale by kopibeng are available to buyers ("Buyers") either on the Website, or on the applicable Supplier's owned or controlled website(s) that leverages the Services.
When interacting with other users you should exercise caution and common sense to protect your personal safety and property. You are solely responsible for your interactions with other users. YOU AGREE THAT NEITHER kopibeng NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.
Subject to your compliance with the Agreement, kopibeng grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the features and functionality of the Platform available through the Website for your own personal or lawful business purposes.
Subject to your compliance with the Agreement, kopibeng grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or lawful business purposes.
By entering into this Agreement or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and/or push notifications. Communications from us may include operational communications concerning your Account, updates concerning new and existing features on the Services, and promotional communications.
In order to access certain features of the Services you may be required to become a Registered User and specifically open a Buyer or Supplier account. A "Registered User" is a user who has registered an account on the Services ("Account").
In registering an account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not barred from using the Services under applicable laws.
kopibeng uses third-party service providers for payment processing services. By using the Services, you agree to be bound by such providers' privacy policies and terms of service, and you consent and authorize kopibeng to share any information and payment instructions you provide to complete your transactions.
If you are a Supplier, you hereby appoint kopibeng as your non-exclusive reseller of the Digital Products that you expressly agree to be resold by kopibeng and that kopibeng deems eligible for resale through the Services. kopibeng is the merchant of record for the resale of your Products to Buyers.
In consideration of kopibeng's services, you agree to pay kopibeng a per-transaction fee (the "kopibeng Fee") for each resale made through the Services. The kopibeng Fee owed for each resale is automatically deducted from the purchase price paid by the Buyer, with the remainder (less any amounts in respect of taxes and other charges) paid to you (the "Supplier Fee").
Current kopibeng Fees:
kopibeng will handle Buyers' requests for refunds, chargebacks and other disputes with Buyers in kopibeng's sole discretion. Supplier is responsible for reimbursing kopibeng for any monies paid to Buyers or third parties in connection with refunds, chargebacks or disputes.
If you request a refund and also pursue a dispute resolution process with your payment method provider for the same transaction, we will decline your refund request. You agree not to submit a refund request if you have already chosen to pursue a dispute resolution process with your payment method provider.
A Buyer may purchase Products through the Services with or without an Account. To purchase a Product, a Buyer must complete the checkout process and provide an authorized payment method. All purchases through the Platform are final and Buyer is responsible for all approved charges.
As the merchant of record, kopibeng will be treated as the supplier for relevant tax purposes in respect of Products resold through the Services, and will be responsible for the administration, collection, reporting and remittance of any relevant indirect tax (including GST, VAT, and sales tax).
It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. kopibeng may in some circumstances be required to disclose information about you to tax authorities.
You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. You are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services ("Your Content").
Except with respect to Your Content, you agree that kopibeng and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
kopibeng does not claim ownership of Your Content. However, when you post or publish Your Content on the Services, you grant kopibeng a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publicly perform, and publicly display Your Content for the purposes of operating and providing the Services.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. kopibeng EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, kopibeng SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR YOUR USE OF THE SERVICES.
kopibeng'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT PAID BY YOU TO kopibeng DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT GIVING RISE TO SUCH LIABILITY; OR (b) RM100.
You agree to indemnify and hold kopibeng harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party; or (e) your violation of any applicable laws.
The Agreement commences when you accept the Terms of Service and remains in full force and effect while you use the Services, unless terminated earlier. kopibeng may suspend or terminate your Account and access to the Services at any time, in its sole discretion, with or without cause or notice.
These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Kuala Lumpur, Malaysia.
THIS AGREEMENT IS SUBJECT TO CHANGE BY kopibeng IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, kopibeng will make a new copy of the Terms of Service available on the Website. If we make any material changes, we will also send an e-mail notice to Registered Users. Your continued use of the Service constitutes your acceptance of such changes.
If you have any questions, complaints or claims with respect to the Services, please contact us:
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions between the parties with respect to such subject matter.