1. Account Terms
- To access and use the Services, you must register for a Symplified account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Symplified may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Symplified for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Symplified will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Symplified and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Symplified can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your password secure. Symplified cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You acknowledge that you are responsible for the creation and operation of your Symplified Store and Chat channels.
- Any contract of sale through your Symplified Store or Chat channel is directly between you and the buyer.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Symplified may result in an immediate termination of your Services.
2. General Conditions
- Technical support in respect of the Services is only provided to Symplified Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Malaysia applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods and all other rules and regulation other than stated here will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Symplified may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Symplified‘s website, available at https://symplified.it/terms-conditions.html and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Symplified’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Symplified Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Malaysia. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Symplified.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Symplified or Symplified trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to ask Symplified support, email@example.com
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging, Whatsapp messaging, Telegram messaging, Facebook Messaging and other future channels (for example, sending order confirmation notifications via SMS) (the "Communication Services"). You will only use the Communication Services in compliance with these Terms of Service, of respective Communication Service owners from which you send messages, and in which your messages are received.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Symplified shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Symplified’s prior written consent, to be given or withheld in Symplified‘s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
3. Symplified Contracting Party
- If the billing address of your Store is located in the Asia Pacific region this Section applies to you:
- "Symplified Contracting Party" means Symple Business System Sdn Bhd (SSM Reg #: 1436952-D), a corporation formed under the laws of Malaysia, with offices located at Unit S-14-06, Level 14, First Subang, Jalan SS15/4G, 47500, Subang Jaya, Selangor, Malaysia.
- The parties irrevocably agree that the courts of Malaysia are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Terms of Service and that accordingly any proceedings arising out of or in connection with the Terms of Service shall be brought in such courts.
4. Symplified Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Symplified customer, Symplified employee, member, or officer will result in immediate Account termination.
- Symplified does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Symplified employees and contractors may also be Symplified customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- Symplified retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Symplified reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Symplified shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall Symplified or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Symplified partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- Symplified does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Symplified does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Symplified is not responsible for any of your tax obligations or liabilities related to the use of Symplified’s Services.
- Symplified does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
6. Waiver, Severability, and Complete Agreement
The failure of Symplified to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Symplified and govern your use of the Services and your Account, superseding any prior agreements between you and Symplified (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Symplified Service. All Materials you upload to your Symplified Store remains yours. You can remove your Symplified Store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Symplified to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Symplified can, at any time, review and delete all the Materials submitted to its Service, although Symplified is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Symplified shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
You and your customers can purchase shipping service from within your Symplified console or Symplified channels ("Symplified Shipping") for delivery of goods purchased from you from your Symplified Store. Symplified Shipping is fulfilled by third party and is subject to the respective shipping provider’s Terms of Service. You may locate these Terms of Service at respective shipping provider’s website.
9. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service which covers Store Front and Symplified Communication Channel ("Subscription Fees") and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers ("Transaction Fees"), and any fees relating to your purchase or use of any products or services shipping, apps, domain names, or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
- You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Symplified will charge applicable Fees to any valid payment method that you authorize ("Authorized Payment Method"), and Symplified will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. All Fees and other charges are in Malaysia Ringgit (MYR), U.S. dollars, or other stated currency based on region or country.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at Symplified’s discretion or when they are incurred. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Symplified reserves the right to terminate your Account.
- All Fees are inclusive of applicable Sales and Services (SST) for Malaysia and Service Tax (ST) for Pakistan. For other countries and region, Symplified Fees are excluding any provisional, state, federal taxes.
- You are responsible for all applicable Taxes that arise from or as a result of any sale on your Symplified Store.
- You must maintain an accurate location in the administration menu of your Symplified Store. If you change jurisdictions you must promptly update your location in the administration menu.
10. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting firstname.lastname@example.org and then following the specific instructions indicated to you in response.
- Upon termination of the Services by either party for any reason:
- Symplified will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Symplified for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website, Communication channel will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Symplified Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, Symplified may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Symplified. Such notice may be provided at any time by posting the changes to the Symplified Site (symplified.biz) or the administration menu of your Symplified Store via an announcement.
- Symplified reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
- Symplified shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Rights of Third Parties
Save for Symplified and its affiliates, Symplified Users or anyone accessing Symplified Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.