TERMS OF US
General Terms of Use
Terms of Website Use
Welcome to our website. If you continue to browse and use www.bellisa.co (the “Site”) you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, our Returns Policy and our terms and conditions on the sale of goods (together the “Terms and Conditions”), govern your use of our Site. The terms “us”, “our” “we” or “bellisa.co” refer to Bellisa Sdn. Bhd. The term “you” refers to the user or viewer of our Site. Please review these Terms and Conditions before using our Site. We recommend that you print a copy of these terms of website use for future reference. If you do not agree to these terms of use, you must not use our Site.
Information about us
Bellisa.co is a trading name of BELLISA SDN. BHD., a company registered in Malaysia under registration number 1252618-T. Our registered address is:
Level 13-06, Vertical Business Suite II,
Tower B, Jalan Kerinchi, Bangsar South,
59200 Kuala Lumpur.
Your use of the Site
The content on our Site is for your general information and use only. The content on our Site, including the Terms and Conditions, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions, as they are binding on you from the date they are posted on our Site. If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of our Site without notice. It shall be your own responsibility to ensure that services or information available through this Site meet your specific requirements.
Eligibility
In order to use our services you must be at least 18 years old and you must have the capacity to enter into a legally binding contract in accordance with applicable laws. If you are under 18 years old, you can use our Site only in conjunction with and under the supervision of a parent or guardian. If you are under 18 years old you must let your parent or guardian know about our Privacy Policy, before you register to use our Site. If you are registering as a business entity, you represent that you have the authority to bind such entity to these Terms and Conditions.
Registration
Before using the services available on our Site, you will need to complete our registration form. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.
Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Linking to other Sites
This Site may include links to other sites and resources provided by third parties. These links are provided for your convenience to provide further information. They do not signify that we endorse such sites. We have no responsibility for the content of the linked sites and we will not be liable for any loss or damage that may arise from your use of them. You may not create a link to this Site from another site or document without our prior written consent.
Making a Purchase
By purchasing an item, the member implicitly states their ability and intention to pay for the item. If you have a question in relation to an item being sold, you should ask us before purchasing the item. If you decide to buy an item, you will enter into a legally binding contract with us at the point that you complete your transaction.
Technical Errors or Issues beyond Our Control
We reserve the right to cancel any sales due to technical errors on the site and/or listings. Please contact us if you have any queries regarding this. The prices and items displayed on our Site are subject to change and the prices displayed on our Site at any moment are only valid at that moment. The price a buyer pays for an item will be the price displayed at the time the order is placed, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable. Bellisa.co will use its reasonable endeavours to verify an item’s original price however bellisa.co is not liable for the accuracy of original prices stated on an item’s listing by a seller.
Use of Site Promotions or Offers
The Site will release promotions and offers from time to time to invite new members or reward existing members. A valid promotion or offer may only be used once and never in conjunction with another promotion or offer, unless otherwise specified.
Personal Information and Privacy
Personal information is any information that a member provides to bellisa.co and other members of our Site. This includes your membership details, feedback, messages, listings and bids. The use of personal information by bellisa.co is regulated by our Privacy Policy. Your acceptance of these Terms and Conditions entitles us to assume you have read and accepted the terms of the Privacy Policy. Members must ensure that the information they provide is honest, accurate and fully compliant with all laws, including the intellectual property rights of others. Bellisa.co may disclose your information, under strict terms of confidentiality and restriction of use, to partners of bellisa.co who supply services on behalf of bellisa.co and who need to process personal data in the provision of such services. By using our Site you are consenting to the disclosure of your personal information to bellisa.co partners or advisers. Bellisa.co will not disclose any of your personal information to any other third parties without your express consent. However, under certain circumstances we may be required to provide information to legal authorities. In order to maintain the integrity of our Site and safeguard the interests of our subscribers, we will comply with any such legally binding request without notice to you.
Non-observance of the Terms and Conditions
Failure to act in accordance with the Terms and Conditions may lead to the restriction, suspension or termination of your account without refund of any fees paid and bellisa.co will not be liable for any loss or damage you may suffer or claim as a result of such restriction, suspension or termination of your account.
Limitation of Liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– Use of, or inability to use, our site; or
– Use of or reliance on any content displayed on our site.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for the sale of goods. Consumers have legal rights in relation to items which are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.
Availability of Site
While we use all reasonable endeavours to make our services and Site available, we cannot guarantee that they will operate continuously or without interruptions.
Notices
Except as otherwise stated, any notices that you wish to send to bellisa.co should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on our Site or will be sent to the email address registered under your account.
Governing Law and Jurisdiction
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Malaysian Law. You and we both agree that the courts of Malaysia will have non-exclusive jurisdiction. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of Malaysia. We both agree to the exclusive jurisdiction of the courts of Malaysia.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
Invalidity
If any part of the terms of this agreement is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other parts of this agreement will not be affected.
Entire Agreement
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.