User Terms and Conditions

The User is bound by the terms and conditions as set out below:

By your access and use of the Sellercraft Solutions features, functionalities, content, information, services and software provided via https://sellercraft.co/ and/or other electronic links made available to you (“Service” or “Platform”) you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you are using the Service or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. For the avoidance of doubt, the User shall include (i) the entity and/or person which is the signatory to the Customer Solutions Agreement and (ii) the Authorised Users defined in the Customer Solutions Agreement.

The Service is provided by Deeplynx Asia Sdn. Bhd, hereinafter “Deeplynx”, which is a company incorporated under the laws of Malaysia  under the company number 202101011252 (1411551-D).

Some important details about us are:

Trading Address: Level 3, Menara Amplewest 8, Jalan P. Ramlee, 50250, Kuala Lumpur, Malaysia

Registered Office: BO3B131, Level 13, Menara 3A, KL Eco City, No. 3, Jalan Bangsar, 59200 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia

Deeplynx reserves the right to update and change the Terms of Use from time to time without notice to you. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to any such changes.

The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with Deeplynx and/or third parties.

Deeplynx places the utmost importance on your security and the safety of information and data shared with the Service. You can review our privacy policy and related information here. By using the Platform, you agree to us handling  any data in accordance with the privacy policy and confirm that data you provide is accurate.      

You can review the most current version of the Terms of Use at any time at

 https://sellercraft.co/terms-conditions.html

General Terms and Conditions

1.          You agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. You agree that use of the Service, including any applets, software, middleware, content and services accessible therein, is entirely at your own risk.

2.          By using this website, you agree that you are above the age of 18 and/or the legal consent in your country (“the legal age”) and that you have full capacity to consent to any/and or all the terms and conditions contained herein.

3.          Deeplynx does not warrant:

(i)          that the service is free from bugs, viruses, errors, or other program limitations, nor does Deeplynx warrant access to the Internet or to any other service or content through the Service.

(ii)        that any data delivered to you is compatible with your software or with the way your computer and/or device is configured    

(iii)       the use of the Service will be available 24 hours a day, seven days a week, nor   uninterrupted, and are not responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the      Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.    

4.          The entire liability of Deeplynx and its Representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from Deeplynx, its authorised reseller or its service providers.

a.          To the maximum extent permitted by applicable law, Deeplynx and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers (“Representatives”) are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment, or the like), whether based on breach of warranty, tort (including negligence), product liability or otherwise, even if Deeplynx or its Representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed.

b.          Deeplynx’s total liability related to or arising out of this agreement shall be limited to the amount of fees actually paid by you to Deeplynx in the one (1) month      prior to the event causing any such liability. In the case of annual fees, this is pro-rated to the value of the prior one (1) month.

c.          The limitations of damages set forth above are fundamental elements of the basis of the bargain between Deeplynx and you. Deeplynx would not be able to provide this Service to you without such limitations.

5.          You agree that Deeplynx has the right to collect, store, and use any data that can be uniquely identified to a particular account.

6.          Deeplynx may collect data through the use of cookies. Cookies (and other similar technologies) help us to give you the optimum experience in using the Service. Deeplynx use cookies that helps to:

a.          track site usage and browsing behaviour;

b.          tailor our Service’s functionality to you by letting us remember your preferences;

c.          improve how our Service performs;

d.          mitigate risk, enhance security and help to prevent fraud;

7.          Deeplynx will try to ensure that the customers data is stored securely and backed-up. In the event of loss or damage, Deeplynx will try to restore it. However, Deeplynx shall not be responsible to you if the loss or damage was is caused by a third party.    

8.          You agree that any duty of care owed to you by Deeplynx is a duty owed only to you. Deeplynx does not owe a duty of care to any third party and assumes no responsibility to any third party in respect of the performance of our duties to you. Deeplynx shall not be liable for any failure to fulfil our obligations due to circumstances beyond our reasonable control.

9.          You agree that Deeplynx may use your name and logo to identify you as a Deeplynx customer on its website and/or in other sales or marketing materials.

Copyright, Content and Ownership

1.          As agreed between both parties, all rights, title and interest in and to the Service, any underlying software and any other deliverables, including all derivative works, plug-ins, middleware, modifications and copies, and intellectual property rights therein are and shall remain the sole and exclusive property of Global E-Trade Solutions GmbH.

2.          No title to or ownership of any such items, or any intellectual property or proprietary rights in or to such items, shall be transferred to you under these Terms of Use or through your use of the Service. Such items are confidential and proprietary to Deeplynx and you shall not disclose or provide access to such items to any third party without the prior written consent of Deeplynx.

3.          The Customer hereby warrants and represents that it shall agree not to:

a.          license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; modify or make derivative works based upon the Service; or

b.          reverse engineer or access the Service in order to

(i)          develop, or benchmark against, a competitive product or

service, or

(ii)        develop products using, or otherwise copy, features, functions,

interfaces or graphics of the Service.

4.          Deeplynx is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in the Service, and is the copyright owner or licensor of the content and/or information in the Service including but not limited to any screens and or user interfaces.

5.          You shall not download and/or save a copy of any of the screens and/or materials except as otherwise provided in these Terms of Service, for any purpose whatsoever. However, you may print a copy of the information in the Service for your personal use or records.

6.          If you make other use of the Service, in contrary to the terms provided above, you shall be held liable for any breaches to any applicable intellectual property laws and any other relevant laws of Malaysia or elsewhere, along with the relevant penalties.

Usage of the Service beyond the scope of engagement or not in accordance with the terms above subjects you to breaches of any applicable intellectual property laws and/or any other laws of Malaysia, and may be subject to the relevant penalties.

If you breach these terms, Deeplynx has the absolute right to disqualify your right to use our Service.    

7.          Deeplynx does not grant any license or other authorisation to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them in the Service.

8.          Deeplynx reserves the right to change any information, features or services contained in the Service without giving prior written notice to you. You are taken to have agreed with any amended information, features or services via the conduct of continuous usage of the Service.      

Deeplynx reserves the right, to change and/or amend any information, features or services contained in the Service without giving prior written notice to you. You are encouraged to visit the Deeplynx and Sellercraft Solutions sites regularly to check on the latest Terms of Use and to review it regularly. Any change notices will be posted on the sites or sent via email to the address provided by you to Deeplynx.

You are taken to have agreed with any amended information, features or services via the conduct of continuous usage of the Service. If you do not accept any of the Terms of Use herein or any amendment thereto, then you must immediately stop using the Deeplynx and Sellercraft Solutions sites and access the relevant account.

9.          You agree to indemnify and not hold Deeplynx responsible for any loss and/or damage arising from the contents posted on Third – Party websites which may be accessed via the Service.

10.       Deeplynx shall not guarantee that all content presented in the Service is the same as advertised, and may vary depending on your browser and other technology limitations.

User Submissions

By using the Services, you hereby agree to grant us a non-exclusive licence to use the data, materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”)

User Experience/ Feedback

You may provide feedback to Deeplynx about your user experience of the Service. Unless Deeplynx otherwise agrees in writing, you hereby agree that Deeplynx shall own all feedback, comments, suggestions, ideas, concepts and changes that you provide to Deeplynx regarding the Service and all associated intellectual property rights (collectively the “Feedback”) and you hereby assign to Deeplynx all of your right, title and interest thereto. You will not knowingly provide Deeplynx any Feedback that is subject to third party intellectual property rights. Deeplynx is not obliged to revise the Service based on your feedback.

User Conduct

While using the Service, you shall not:

1.          Restrict or inhibit any other users from using and enjoying the Service; or    

2.          Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the Malaysia export control laws and regulations; or

3.          Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Deeplynx) or engage in spamming or flooding; or

4.          Post or transmit any information or software which contains a virus, trojan horse, worms or other technologically harmful or damaging materials; or

5.          Try to gain access to our servers or any connected database or make any ‘cyberattacks’ on our Service. Deeplynx shall not be responsible for any damage caused by viruses or other harmful material obtained from our Platform; or    

6.          Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

7.          Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

8.          Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is protected as a collective work under Malaysia copyright laws; or    

9.          Encourage and/or conduct anything that might constitute a criminal offense, give rise to any civil liability, or otherwise violate any local, state, national or foreign law, including without limitation relevant and applicable export control laws and regulations.

Third Party Links, Content and Service

You acknowledge and agree that:

1.          Neither Deeplynx nor any of its content or service providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

2.          Deeplynx bears no responsibility for the accuracy or availability of information or services provided by third party links and/or linked sites.

3.          Links to such sites do not constitute an endorsement by Deeplynx of such sites or the content, services, products, advertising or other materials presented on such sites. Information in any pages that are linked to the Service comes from a variety of sources.

4.          Some of this information comes from official Deeplynx licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to Deeplynx.

5.          Deeplynx does not author, edit, or monitor these unofficial pages or links.

6.          You acknowledge and agree that Deeplynx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites and/or links.

7.          The site contains links to other sites, operated by third parties (“Third Party Sites”). These Third Party Sites may have their own privacy policy and/or terms and conditions in place. You shall comply with the applicable policy and/or terms and conditions in the Third Party Sites. Deeplynx shall not be responsible for the content, privacy policies or practices, or any use of such other Third Party Sites.

8.     You agree to waive any claim against Deeplynx with respect to the Third Party Sites and or damages caused by the Misuser of your Personal Data by the Third Party sites, and/or their affiliates.      

Payment, Banking, Billing or Other Online Services

If you wish to make purchases in respect of the Service, you may be asked by Deeplynx or an information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree:

1.          Deeplynx is not liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service.

2.          That all information you provide any merchant or information or service provider through the Service for purposes of making purchases shall be accurate, complete and current.

3.          The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time.

4.          To pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred.

5.          If you signed up for a monthly plan, you shall be charged at the beginning of each month. Annual plans may incur monthly charges for monthly services.

6.          By signing up for a subscription service with Deeplynx, you hereby authorise the company to charge your credit card for your plan total on an annual or monthly recurring basis, until cancelled.

7.          You shall be responsible for paying any/all applicable taxes relating to any transactions and/or  purchases through the Service.

8.          You agree that Deeplynx is not liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your chosen Third-Party Sites and their services.

9.          Your access may be limited from time to time, depending on the service provided by your Internet service provider or your chosen Third-Party Sites and their services.

10.       Deeplynx shall not be liable for any billing, fees, and/or liability that you receive or incur from any third-parties.

11.       Deeplynx, and such financial institution(s) may have its own service agreement which shall govern any online services it provides.

12.       You agree to be responsible and shall bear all charges associated with your Internet and online service usage.

CONFIDENTIALITY

Deeplynx will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services (e.g. passing it to other professionals and consultants assisting us or you with your matter, unless you ask us not to) or if required or permitted by law or any regulatory authority to which we are subject.

Deeplynx reserves the right to use external service providers for document reproduction or scanning as long as they are bound by appropriate obligations to maintain the confidentiality of the information

You warrant that you shall treat all information Deeplynx provides you (other than information in the public domain) as confidential.

You warrant that you will not disclose that confidential information to any other person, and/or entity unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject.    

Modifications To The Service And Prices

Prices for our service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Indemnification

You agree to indemnify, defend and hold harmless Deeplynx and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

Deeplynx, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination will result in deactivation of your account and access to any content or features of the products and/or services provided. Deeplynx reserves the right to refuse service to anyone for any reason at any time.

Deeplynx, in its sole discretion shall have the right to take whatever steps necessary to perform the following in the event that any breach has occurred:

a)    Suspending or terminating your use of the Service temporarily or permanently;

b)    Removing all materials that you may have posted onto the Service;

c)     Sending a warning to the party in breach;

d)    Taking all available legal actions in order to remedy the breach; and

e)    Reporting the breach to the relevant authorities.

Upon termination by either Party, no credits or refunds will be given for unused credit balance. The Parties hereby agree that upon the Customer’s account turning dormant (if the Customer chooses not to purchase any credit or make a chargeable use in respect

of its account for a period of 90 days), any remaining use credits not utilized by the Customer shall expire immediately and no refunds whatsoever shall be due from Deeplynx to the Customer.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

(a)        These Terms of Use and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of Malaysia, parties agree to be submitted to the exclusive jurisdiction of the Malaysian Courts in the event the User is a resident in Malaysia.

(b)        Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof involving any non-resident or non-Malaysian user shall be settled by arbitration in accordance with the Asian International Arbitration Centre (“AIAC”) Arbitration Rules. The seat of arbitration shall be in Kuala Lumpur. The language to be used in the arbitral proceedings shall be English.

Contact Information

Questions about this User Terms & Conditions should be sent to Deeplynx customer care or at [email protected].

Any user feedback regarding the Services should be directed to [email protected]. All user feedback will be logged and investigated promptly and you will be kept updated of progress. Deeplynx will respond to any complaints as soon as practicable and inform you of any actions that will be taken.