Last Updated: 24th April 2018
All Members registered with TijarahNet will be referred to as ‘you’, ‘users’ or ‘Members’.
Any Members involved in selling or buying of goods in a trade transaction will be referred to as ‘Seller’ and ‘Buyer’ respectively. The term “Seller” means the registered Member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered Member who purchases or acquires the product(s) or service(s) under an Online Transaction.
“TijarahNet “, “we” or “Service Provider” means TijarahNet Sdn Bhd.
“Website” or “Site” means the internet website www.TijarahNet.com.
“Member” or “you” means either Buyer, Seller or Broker.
Member’s “Email Address” means Member’s email address registered with the TijarahNet Website.
“Order”, “Purchase Order” or “Purchase Contract” means an buying and selling agreement which is entered into by Buyer and Seller by following the procedures of placing orders in TijarahNet and which incorporates the standard terms and conditions set by TijarahNet.
“Trade Rules” or simply “Rules” are the policies that govern the way trade must take place between members.
iGENS (Interest-free Group-based Electronic Netting System) is an effective way of injecting liquidity into the economy, practically free, that can spur business and employment while bringing about structural stability, inflation-free with both economic and environmental sustainability. Netting or “muqassah” is allowed in Shari’ah.
International and domestic trading transactions involve multiple parties can be complicated. These Rules set out the normal procedures of a trading transaction using the iGENS but may not cover all issues that may arise.
3. Procedure for Product Delivery and Fulfillment
A buying and selling transaction will normally go through the following procedures. This serves only as a guideline for both Buyer and Seller.
a. Once the payment is completed, the Seller and Buyer enter into a binding Purchase Contract
b. Seller produces and prepares for the products ordered, and
i. in case of Free on Board or “FOB” trading term, the Buyer, at Buyer’s cost and by itself or through Seller, arranges for shipping and transportation, and obtain any insurance at Buyer’s cost,
ii. in case of Cost, Insurance and Freight or “CIF” trading term, Seller, at Seller’s cost, arranges for shipping and transportation and obtain insurance; or
iii. in case of Cost and Freight or “CFR” trading term, Seller, at Seller’s cost, arranges for shipping and transportation, and Buyer may obtain any insurance at Buyer’s cost;
c. Buyer inspects the products and confirms the products can be shipped, and if Seller and Buyer have already had an inspection agreement, Buyer should conduct the inspection as agreed;
d. Seller delivers the products for shipment
i. in case of FOB trading term, to Buyer’s shipping agent at the warehouse or port at the instructions of Buyer or its shipping agent; or
ii. in case of CIF or CFR trading term, at the port of shipment to have the products on board the vessel heading the CIF/CFR port of destination.
e. If Seller and Buyer have agreed to the inspection, Seller will deliver the products after the results of the inspection are satisfactory to Buyer;
f. Seller provides the Shipping Documents to Buyer;
g. Upon Buyer’s confirmation that he/she is satisfied with the products or in the absence of such confirmation within the time limit prescribed by the Seller and as agreed by TijarahNet, TijarahNet may transfer the Tijarah Units amount from the Buyer to Seller;
i. The Seller agrees that the Buyer’s full payment of the transaction price constitutes final payment to the Seller and Buyer’s payment obligation is fully satisfied upon receipt of funds.
4. Member Account
If you use the TijarahNet Website or the TijarahNet Service, you represent and warrant that all information you supply to TijarahNet is complete and accurate. In order to provide you with ease of access to your account, TijarahNet will place a cookie (a small text file) on any computer from which you access the TijarahNet Website. When you revisit the TijarahNet Website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. By using the TijarahNet Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility to provide and maintain an accurate and working e-mail address, delivery address, telephone number, current credit card and billing information, at all times.
These are some rules governing user accounts.
- You must be 18 years old and above to register for an account.
- You should not create more than one account.
- You should not transfer your account to another person.
- You will not create an account for someone else without his/her explicit written permission.
- You should not allow someone else to use your account by providing username and password.
If a Member has designated a contact person, the Member undertakes that you have duly authorized your contact person to represent Member in all matters in a transaction, including without limitations placing the order, receiving all communications from TijarahNet and other parties to a transaction, giving confirmation, approvals, consents that are required by TijarahNet and the other party to the transaction.
Member’s Email Address shall be the official mode of communication for Member. All communications sent to the Email Address shall be deemed to have been sent to and received by Member on the date of sending. All communications sent from the Email Address shall be deemed to have been sent with Member’s full authorization. If Member designates another email address in any transaction, communications sent to that other email address will have the same effect as the communications sent to the Member’s Email Address.
5. The Use of Names
These are the rules governing the use of names in TijarahNet.
- All Members may disclose publicly that they are Members of TijarahNet
- TijarahNet has the rights to include a Member’s name in any lists of Members published by TijarahNet and to announce that the Member has joined TijarahNet.
6. Review Process
After joining the TijarahNet community, the Member will need to undergo a review process that will also determine the credit limit for the company.
6.1. Private Limited Company
This is the list of documents required for a private limited company. The list is not exhaustive and TijarahNet may require Members to submit additional documents on a case by case basis.
6.1.1. Company and Retail Person’s Background Information
- Certified true copy of the Certificate of Incorporation
- Certified true copy of Memorandum & Article of Association
- Copy of Form 24 (Return on Allotment of Shares) and Form 49 (Return of Particulars of Directors)
- Photocopy of NRIC of Directors (passport if foreigners)
- Photocopy of NRIC of the guarantors (third party), where applicable
- Profile of Company and Key Management and company organization chart (where required)
- Information on subsidiary / parent company(ies) (where applicable)
6.1.2. Financial & Credit Information
- Personal Information of Relevant Persons* in the Company (i.e. information relating to net worth and financial exposure) and evidence of income e.g. Form J / Form EA for the past 2 years
- Audited accounts for the last 3 years (last audited period should not be more than 18 months from application date)
- Management Accounts (for period between last audited period up to current)
- Bank statements for the last 6 months (or more than 6 months at the discretion of the bank)
- A list of facilities and securities arrangement from financial institutions
6.1.3. Supplier / Competitor / Customer Information
- Current Debtors & Creditors Aging Report (including information relating to credit limit and terms)
- List of top 10 suppliers / purchasers
- List of major competitors (where applicable)A certified true copy
6.2. Sole Proprietorship / Partnership
This is the list of documents required for a sole proprietorship or partnership. The list is not exhaustive and TijarahNet may request Members to submit additional documents on a case by case basis.
6.2.1. Company and Related Persons’ Background Information
- Certified true copy of the Business Registration (Form A – sole proprietorship or Form B – partnership) and Business License (Form D)proprietorship or Form B – partnership) and Business License (Form D)
- Copy of Partnership Deed (where available)
- Photocopy of NRIC of Proprietors (passport if foreigners)
- Photocopy of NRIC of Partners (passport if foreigners)
- Photocopy of NRIC of the guarantors (third party), where applicable
- Profile of Company and Key Management
- Information on other businesses (if any)
6.2.2. Financial & Credit Information
- Personal Information of Relevant Persons* in the business or otherwise (i.e. information relating to net worth and financial exposure) and evidence of income e.g. Form J / Form EA for the past 2 years
- Audited accounts for the last 3 years (last audited period should not be more than 18 months from application date), where applicable
- Management accounts for the last 3 years
- Bank statements for the last 6 months (or more than 6 months at the discretion of the bank)
- A list of facilities and securities arrangement from financial institutions
6.2.3. Supplier / Competitor / Customer Information
- Current Debtors & Creditors Aging Report (including information relating to credit limit and terms)
- List of top 10 suppliers / purchasers
- List of major competitors (where applicable)
7. Tijarah Unit or TU as a Mode of Payment
The Tijarah Unit or TU operates as contractually accepted mode of payment between Members within the network of participating businesses and consumers.
8. Credit Limit
All members are granted a credit limit based on TijarahNet’s assessment of the member’s financial standing. TijarahNet’s decision in this matter is final.
TijarahNet will decide on when the netting of all accounts should take place. At this point of time, all members must settle the outstanding (negative) amount in their accounts.
10. Transaction Limits
The limit for any transaction made between a Buyer and Seller is the credit limit set for the Seller who is the issuer of the invoice.
All Members must also agree on the per transaction limit and daily limit for security purposes. The per transaction and daily limits are published on the TijarahNet website. If a Member wishes to increase the limit, they will need to send a request to TijarahNet and the request will undergo a review process.
11. Fees and Charges
The latest list of charges (herein referred to as “Service Fees”) and transaction limits for Members of TijarahNet will be published on the TijarahNet website. All fees and charges shall be automatically deducted from the Member’s account annually.
All fees and charges paid to TijarahNet are non-refundable. If buyers or sellers do not complete a transaction, or if performance of Members’ obligations to each other is disputed, TijarahNet will not be obligated to refund any fees received.
When using the TijarahNet SMS services, the mobile service provider rates and fees applies and payable to the mobile service provider depending on the mobile subscription.
TijarahNet reserves the right to adjust the Services Fees upon prior notice on the TijarahNet Site.
The Service Fees charged by TijarahNet do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle these fees.
All fees charged by TijarahNet are not inclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the iGENS. In the event TijarahNet is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to TijarahNet.
12. Rules on Trading and Advertising
The iGENS must be used only in the manner prescribed and the TUs should not be considered as a legal tender, securities, or commodities outside the iGENS. By using the iGENS, Members grant the rights to TijarahNet the power to regulate and control the TU supply in the network.
The following are the rules to follow when using the iGENS.
12.1. Prompt Settlement of Payments
After a Buyer and Seller have completed a business transaction, the Seller may send the invoice to the Buyer. The Buyer will then issue TUs at the equivalent value of the invoice to the Buyer. The Buyer is expected to pay the Seller immediately or at later time agreed upon with the Seller. In a case where the Buyer delays or does not pay the Seller, both parties are expected to resolve the issue on their own in good faith.
The Buyer must settle their payments to the Seller for the items purchased from the Seller unless the Seller has materially changed the item’s description after the bid is made by the buyer, the Seller fails to deliver the promised goods or services, the Seller makes an error in the item’s description or when the Buyer is unable to verify the identity of the Seller.
Any late or non-payment for goods or services without a valid reason is a serious matter and TijarahNet will take the necessary legal charges against Members to recover the payment which may include services charges, legal charges and any cost incurred in the effort to recover the funds.
If the Buyer refuses to make payment for the full prices or the remaining amount on the basis that the products received are not as agreed, the degree of responsibility for such non-compliance shall be decided on a case-by-case basis. If the products are different in terms of function, color, specification, or size, or if the products are inferior substituting up-to-standards products, fake, doped, adulterated, used products substituting new products, or etc., then the Seller shall be responsible unless the Buyer has prior knowledge or has agreed in advance. If the products are counterfeits, has inferior quality, products that infringe the intellectual property rights of any third parties, or products that are materially different from the order as agreed, TijarahNet shall have the right to impose penalties on the Seller, even if the Buyer has prior knowledge or has agreed on such defects in advance. If the Buyer has prior knowledge of such defects and nevertheless purchased the products, TijarahNet shall have the right to impose penalties on the Buyer.
12.2. Closing of Sale
If, for whatever reason, the trade cannot take place, the Seller and Buyer must agree in good faith the best way to proceed. TijarahNet is not liable for any compensation to both the Seller and the buyer. All Members must be aware that all bids or offer does not create a formal contract between Buyer and Seller.
12.3. Rules on Overpricing Items
The overpricing of items is strictly prohibited.
12.4. Rules on Advertising and Product Review
All advertisements must be placed in the appropriate category. The advertisements must not be illegal, obscene, threatening, defamatory, or otherwise objectionable to us or other users.
No personal information, commercial content or links to a competitor should be placed on the product reviews.
12.5. Illegal Use of Service
All Members are strictly prohibited from using TijarahNet’s Service for any money laundering or any other fraudulent or unlawful purposes including without limitation the manipulation of account balances or transactions, pyramid schemes or dealing in products that are prohibited by law.
If a Member suspects or finds any unauthorized transactions taking place under any Member’s account, the matter should be referred to TijarahNet immediately.
12.6. Suspension or Termination
All Members reserve the right to terminate their account upon thirty (30) days written notice. Upon termination, all Tijarah Units or TUs will be exchanged for the national currency at discount. No service fees will be refunded.
If a Member terminates or otherwise ceases to do business, the Member should inform TijarahNet prior to the dissolution of the business. Upon termination, all Tijarah Units or TUs will be exchanged for the national currency at discount. No service fees will be refunded.
12.7. Unqualified Transactions
If any of the following circumstances occurs, a transaction will be considered as an unqualified transaction:
- The product in the transaction violates the Product Listing Policy or other provisions of the Rules.
- If the Seller fabricates the origin of manufacture, or forges or uses without authorization the company name and address of another party, marks for quality certification such as certification marks, famous brand marks, quarantine certificate, quality and quarantine inspection reports, verification reports, etc, the Seller shall be responsible.
- The transaction contains any provisions in conflict with the standard terms of the purchase contract.
TijarahNet has the right to reject or cancel any unqualified transaction even if Buyer and Seller have confirmed the transaction.
12.8. Creating a Valid Purchase Contract
Buyer and Seller accept and agree to adopt the standard terms set by TijarahNet to conclude a valid binding Purchase Contract.
Buyer and Seller should ensure that the Purchase Contract contains all necessary information, terms and conditions but does not contain any provisions in conflict with the standard terms of the Purchase Contract or these Rules.
After Seller agrees to accept the Order, none of Buyer and Seller may cancel the Order unless this is expressly permitted in these Rules.
When a Seller enters into a Purchase Contract, the Seller warrants and represents that:
a. Seller has obtained all the required approval, license, permit and certification necessary for the sale or export of the products to Buyer, including without limitation any export license;
b. Seller has the right to sell, distribute or export the products and the sale or export of the products do not infringe any third party’s intellectual property rights and other legitimate rights, including that the products do not infringe any third party’s intellectual property rights and other legitimate rights in the country/region of destination;
c. the products comply with the product descriptions and other terms of the Order,
Unless Seller expressly agrees in the Order or otherwise with Buyer, Seller sells the products by description and makes no warranty that:
a. Seller has obtained the required approval, license, permit and certification for importation to the country/region of the destination, including without limitation any import license. Buyer shall be responsible to notify Seller of the local requirements applicable to the products.
b. the products comply with the safety or other requirements applicable in the country/region of the destination.
Buyer warrants and represents that Buyer has obtained all the required approval, license and permit necessary for the purchase and import of the products into the country/region of destination, including without limitation any import license.
12.9. Change of Purchase Contract Terms
Unless the Buyer and the Seller have agreed otherwise, if both parties have agreed on the quantity, price, shipping fees, and etc. of the products, the Seller shall not request to increase the prices or for supplemental fees on the grounds such as the increase of raw materials costs, shipping fees, or increase in the amount of the minimum order, etc. Further, the Seller shall not refuse to deliver the products based on these reasons. If the Buyer does not receive the products due to any of these reasons, the Seller shall be responsible.
12.10. Inspection and Confirmation of Products
Regardless of whether Buyer and Seller have agreed to inspection, after Seller confirms that Seller has completed the production, Buyer will have an opportunity to take steps as Buyer considers appropriate to examine the products to confirm that the products are in order and can be shipped to Buyer.
If Buyer does not confirm that the products are in order and can be shipped within the prescribed time limit, Buyer and Seller should settle the issue through amicable negotiations.
If Buyer fails to confirm the products for shipment within the prescribed time limit without reasonable grounds or in case Buyer has agreed to liquidate damages as releasing conditions of the Order, the agreed amount of liquidated damages will be released to Seller; the remainder less TijarahNet’s Service Fees will be refunded to Buyer.
The Buyer and Seller may have agreed to inspection of the products and should ensure that they have agreed to all the relevant terms, conditions and requirements concerning the inspection such as the inspection agency, methods, standards, fees and other details of the inspection.
Once the Buyer and Seller have agreed to inspection, Buyer will carry out the inspection as agreed. Unless otherwise agreed, the agreed inspection agency will be engaged by Buyer at Buyer’s cost and risks. If the inspection agency is engaged by Buyer, the inspection results issued by the inspection agency should bind Buyer and Buyer must not dispute such inspection results unless Buyer provides reasonable grounds with the substantiated supporting documents.
If any items of specifications of the products are capable of instant inspection, the rules of “Prima Facie Conformity” below apply.
Prima facie Conformity means that the products appear to be in good conditions and in conformity with the photo or description provided by Supplier only based on observation by human eye and/or simple measuring tools.
With regard to other items of specifications that are not capable of instant inspection, Buyer must complete inspection and notify to Supplier whether to accept or reject the delivery within 3 days after the receipt of the delivery (if the day and hour of receipt of the delivery is available, 3 days mean 72 hours after the time of receipt. If the time of receipt of the delivery only indicates the day without hour, three days mean 72 hours from hour 0.00 immediately after the receipt). If Buyer fails to give notice of acceptance or rejection within the above 3 days period, Buyer will be deemed as having confirmed the delivery.
In respect of any items of specifications are capable of instance inspection, upon Buyer’s signature on the receipt slip to indicate receipt of the delivery, Buyer will be deemed as having confirmed that such items are in prima facie conformity. Unless Buyer is able to provide evidence to the contrary, Buyer is not allowed to subsequently raise objection and complaint or request refund on the ground of these items of specifications.
If the products are packed, Buyer should open the package on the spot under witness by the shipping company’s representative. If Buyer considers that the products are not in prima facie conformity, Buyer should immediately request return or should make a note on the receipt slip (both Recipient’s Copy and Carrier’s Copy) and request the shipping company’s representative to countersign.
The scope of items that may be capable of instant inspection for prima facie conformity includes but not limited to the shape, size, weight, color, model, the state of new or used product, etc.
Unless Buyer has specified any authorized representative to take delivery, if any who affixes its signature (whether in hand writing or electronically, as required by the shipping company) to indicate receipt of the delivery, Buyer shall be deemed to have confirmed the delivery.
12.11. Quality of Product
Supplier is responsible to ensure that the products delivered are in conformity with the relevant descriptions. Supplier may be required to provide the certification of procurement from the manufacturer, product quality certification, pro forma invoices and other supporting documents, etc.
If the defect in the products is not patent and it is not reasonable to determine whether the products are in conformity with the order based on the exterior appearance, Buyer should provide the testing results from an official or recognized product quality testing institute or from the testing centre of the manufacturer. This rule should also apply to used products.
The delivery will be considered as not in conformity with the descriptions of the order if the defect appears, based on external observation, to affect the normal use or operation of the product, or if any authentic certification evidences that the delivery is in non-conformity with the product descriptions. Non-conformity includes without limitation the following:
a. Buyer receives a shipment that does not match the description of the products ordered;
b. Supplier delivers used products where new products were ordered;
c. Supplier delivers fake, illegal products;
d. there is shortage in the quantity of the products ordered;
e. the products delivered are incomplete, e.g., certain components are missing.
The rules on non-conformity do not apply under the following circumstances:
a. the defect in the products has been disclosed to Buyer in the order in advance;
b. it is expressly indicated in the order that the products ordered are used products.
Buyer will be responsible to provide supporting documents to prove that the delivery is not in conformity with the order. If Buyer fails to provide all or part of the supporting documents, TijarahNet may proceed with its decision based on the available evidence. If Buyer elects to return the products, Buyer should provide evidence of return and be responsible for the relevant costs.
Supplier will be responsible to provide supporting documents to defend against Buyer’s claim of non-conformity. If Supplier fails to provide all or part of the supporting documents, TijarahNet may proceed with its decision based on the available evidence. In case the products should be returned, Supplier should promptly provide the correct address for return. If return fails as a result that Supplier has not provided the correct address, Supplier will be deemed to waive its rights in the products for return, and agree to refund of the contract price to Buyer.
12.12. Shipping Documents
After Seller completes delivery of the products within the prescribed time limit, Seller shall provide the whole set of the agreed Shipping Documents in electronic copies to Buyer by email first. In the meantime, Seller shall also upload the Shipping Documents for payment release indicated in the Order in the TijarahNet Site. If Buyer and Seller have agreed that Seller must provide the originals of any Shipping Documents to Buyer, Seller must immediately send such originals to Buyer by commercial courier.
Buyer is not obliged to confirm to TijarahNet to release the payment to Seller if the Shipping Documents are incomplete, have error or otherwise have defect which may affect Buyer’s title in the products. The Shipping Documents are considered as incomplete if the originals of any Shipping Documents are required to be provided to Buyer in the Order but Seller does not send such original Shipping Documents to Buyer.
The place of delivery shall be the place as agreed by the Buyer and the Seller. The Buyer may not request to change the delivery place after the Seller has shipped the products. The Buyer shall be responsible if the Buyer does not receive the products because the Buyer provided a wrong address for delivery or because of other reasons attributable to the buyer. If the Seller fails to deliver the products to the agreed place of delivery, the Seller shall be responsible.
Once an agreement is reached between the Seller and Buyer to proceed with the trade, the Seller must not fail to deliver items purchased unless the Buyer fails to meet the posted terms, or the Seller is unable to verify the buyer’s identity.
Buyers are recommended to carry out inspection prior to shipment and examine the Shipping Documents carefully before the Buyer agrees to release the payment to Seller.
After Buyer pays the contract price to Seller by making payment to the Seller, it is Supplier’s responsibility to deliver the product to the destination and within the time period agreed in the order form. There might be delay or failure in the delivery of the products to Buyer due to various reasons. Buyer and Seller may further communicate with each other to extend the delivery time, to stop shipment or to process refund.
If the delivery is delayed or the products are not delivered within the agreed delivery period due to default by Seller or Seller’s agent, Buyer shall have the right to cancel the Order.
However, in the absence of express agreement between Buyer and Supplier, TijarahNet will make its decision based on the rules set out below.
a. If Supplier has not commenced shipment by delivering the products to the shipping company, the Transaction will be cancelled. Supplier will be responsible for the cancellation of the Transaction.
b. If Supplier has shipped the products but the shipment is lost in shipment, Supplier will be responsible for the loss (unless Buyer and Supplier have agreed otherwise). Supplier may separately make a claim to the shipping company.
c. If Supplier has shipped products and the shipment is still in transit (other than due to customs clearance), in the absence of an express agreement, the Transaction will be cancelled and Supplier will be responsible for the cancellation.
d. If Supplier has shipped the products and the shipment is held up in customs clearance, the party claiming that the other party should be responsible for delay in customs clearance should provide sufficient evidence to prove this. In the absence of such evidence, in case that the shipment is held up in the customs in the country of the destination, Buyer should be responsible for the delay. In all other cases, Supplier should be responsible for the delay. Normally, the Buyer shall be responsible if the products are detained by the customs because the Buyer does not possess the import qualification, or pay the customs duties, or does not specify the special documentation requirements at the time of purchase of special type of products. If the products are detained by customs for issues in the shipping documents or other reasons attributable to the Seller, the Seller shall be responsible. If the products are detained because they are restricted from being imported or illegal, and if the Buyer already has the knowledge and ought to have known that the products are so restricted or illegal, then both parties shall be responsible, but the Seller shall still make a refund to the buyer. If the Buyer genuinely has no knowledge of the fact that the products are restricted or illegal, then the Seller shall be responsible and make a refund to the buyer.
e. If Supplier has proved that the shipping company has delivered the shipment to the agreed destination, but Buyer fails to acknowledge the receipt of the shipment in time, the shipment will be deemed as delivered.
Supplier should keep Buyer informed of the status of the delivery. Supplier should also provide Buyer with the records of shipment and the URL for tracking the shipment.
Buyer should contact Supplier to make sure that the products have been shipped and should also provide other supporting documents as reasonably required by Supplier to fulfill the shipment.
Successful completion of a sourcing transaction means that:
a. Seller has delivered the products to the agreed port of loading, and
b. Seller has provided all the Shipping Documents agreed with Buyer as prescribed in the Purchase Contract to the reasonable satisfaction of Buyer,
c. Seller has also delivered all the Shipping Documents as prescribed in the Purchase Contract to the reasonable satisfaction of TijarahNet.
If the products are destroyed or damaged for reasons of force majeure, accidents, problems with the carriers, or other reasons that are not attributable to the Seller, then the allocation of the risks shall be decided based on the contract between the Buyer and the Seller. If the contract did not specify the allocation of risks in the circumstances, then responsibilities and risks shall be allocated based on the provisions of the United Nations Convention on Contracts of International Sales of Goods and the International Commercial Terms (INCOTERMS). If the relevant risks shall be borne by the Seller, the Seller shall be responsible for the delivery or refund, etc. If the relevant risks shall be borne by the buyer, the Seller shall assist the Buyer in making claims against the carrier. If the Seller refuses to provide such assistance, TijarahNet shall have the right to suspend the Seller’s account(s).
12.14. Return Policy
When a Buyer is unsatisfied with the items delivered due to whatever reason, the Buyer should contact the Seller directly to return the items and request for a refund.
Buyer and Supplier may communicate and agree on whether and how Buyer may return the products to Supplier. Products must be returned in the same condition as when it was delivered.
If Buyer insists on returning the products prior to any agreement, Buyer will be responsible for the shipment costs of return.
If Buyer returns a shipment, Buyer must promptly provide all the relevant shipping details including the shipment tracking number and copy the shipment slip to TijarahNet. If Buyer fails to provide the relevant details to allow Supplier and TijarahNet to track the shipment, the return will be considered as invalid and Supplier will be entitled to the contract price.
Upon maturity, the Buyer is expected to provide the payments in national currency.
12.15. TijarahNet’s Rights as Service Provider
TijarahNet reserves the right to terminate a Member upon thirty (30) days written notice. In cases where there is suspicion that a Member violates or acts inconsistently with the spirit of these Rules, TijarahNet has the rights to terminate, limit or suspend a Member immediately and without prior notice:
TijarahNet has the rights to make adjustment to the transactions involved including prohibit or cancelling any Transaction.
TijarahNet shall have the right to deduct any financial charges incurred as a result of providing the Services and the party receiving the funds will bear the costs of such financial charges.
At its sole discretion, TijarahNet may reinstate or unfreeze a Member.
Tijarah takes a serious view of any Rules violation. TijarahNet will not hesitate to take immediate legal action against a Member. In such legal actions, the Member is liable to pay all the services charges associated to the legal action.
13. Dispute Resolution Procedures and Rules
If any dispute arises between Buyer and Seller in connection with any Purchase Contract, the Dispute Resolution Procedure will come into effect. TijarahNet encourages both Buyer and Seller to settle your disputes through amicable negotiations.
These rules are adopted to handle trade disputes between Buyers and Sellers and protect the legitimate rights and interests of Buyers and Sellers.
If a Buyer or a Seller has submitted a complaint for trade dispute to TijarahNet or requested TijarahNet to handle the trade dispute, the Buyer and the Seller shall be deemed to have read, agreed and accepted these Rules. TijarahNet shall have the right to handle disputes in accordance with the provisions of these Rules.
As a general principle, the party making a claim is obliged to provide the supporting documents to prove its claim. TijarahNet may also request Buyer and Seller to provide various supporting documents as evidence. Buyer and Seller agree that TijarahNet has the sole discretion to accept or reject any supporting document submitted.
Member undertakes and warrants that the evidence submitted by Member is true, complete and accurate. TijarahNet will only conduct formality review of the evidence submitted and is not obliged to carry out any investigation as to the validity or authenticity of the evidence submitted.
Upon TijarahNet’s notice to request for provision of supporting documents, each of Buyer and Seller must submit the supporting documents to support and/or defend the claim as requested. If either Buyer or Supplier fails to provide all or part of the supporting documents within the prescribed period, TijarahNet may proceed to make its decision based on the available documents.
If the terms of the relevant Purchase Contract are not sufficiently clear regarding any dispute, TijarahNet should have the right to make a decision as it considers appropriate having regard to the commonly accepted practices.
If the dispute is not resolved through amicable negotiation within the prescribed time period according to these Rules, you agree to submit the dispute to TijarahNet for determination. If you are dissatisfied with TijarahNet’s determination, you refer the case to an arbitration centre and notify TijarahNet of such application within 20 calendar days after TijarahNet’s determination. If each of Buyer and Seller in the dispute does not notify TijarahNet of your application for arbitration within the above 20 calendar days, each of the Buyer and the Seller shall be deemed to have agreed that TijarahNet’s determination shall be final and binding on you.
Despite the fact that the parties to the dispute have a right to seek arbitration, TijarahNet will still have the right to impose any penalties against the Member in accordance with any applicable agreement with the Member or these Rules.
Buyer and Seller acknowledges and agrees that TijarahNet is not a judicial or arbitration institution and handles and determines any dispute only as a ordinary non-professional person. You agree that TijarahNet is not required to obtain professional advice in order to make any determination.
13.1. Procedure to File a Complaint
TijarahNet will handle the following types of trade disputes under these Rules:
a. the Buyer complains that Buyer has not received the products ordered;
b. the Buyer complains that the products received by Buyer are different from those as agreed;
c. the Seller complains that the Seller has not received the payments from the Buyer for the products delivered;
d. other trade disputes that TijarahNet may agree to handle at TijarahNet’s sole discretion.
To facilitate the process and increase the efficiency of complaints handling, TijarahNet has provided an online customer service system for filing complaints. Parties to the dispute should submit complaints, counter-notices, supporting evidences, and etc. through the customer service platform. The customer service platform: http://support.TijarahNet.com
- When a complainant submits a complaint, he shall fill out a complaint submission form on the customer service platform and shall provide all the relevant supporting documents within 20 calendar days after submission of the complaint.
- For our preliminary review, the supporting documents mentioned should include:
- The contract as entered into between the Buyer and the Seller and all associated records of communication;
- If the Buyer complains about not receiving the products from the Seller, the Buyer shall also provide evidence of payment;
- If the Seller complaints about not receiving payment, the Seller shall also provide evidence that the products have been delivered;
- If the Buyer complains about the products being not as agreed, the Buyer shall also provide evidence of receipt of the products as well as evidence which shows that the products are different from those as agreed (such as the test report issued by a third party organization);
- other evidences which support the complaint.
- If the complainant fails to provide the relevant supporting documents within the required time period, TijarahNet shall have the right to refuse to accept the complaint and close the case accordingly. If the complainant insists on making a complaint, he shall submit a new complaint, fill out a new complaint form, and provide all relevant supporting materials accordingly.
- If TijarahNet agrees to accept the complaint, TijarahNet will notify the respondent about the complaint via e-mail or telephone. TijarahNet shall have the right to require the respondent to, within 3 working days, submit a counter notice and the relevant supporting documents.
- The supporting documents for counter notices include:
- If the respondent claims to have delivered the products, the respondent shall provide evidence that the products have been shipped (such air waybill for courier services, air waybill, bill of lading, and etc.);
- If the respondent claims to have refunded or have made all relevant payments, the respondent shall provide evidence of refund or payment;
- If the respondent claims that the delivered products does not comply with the order, the respondent shall provide supporting documents such as the shipping documents, commercial invoice, test reports issued by a third party organization, and etc.;
- other evidence to support the counter notice.
- If the respondent fails to submit a counter notice in time, or if the supporting documents for the counter notice are insufficient to substantiate the counter notice, TijarahNet shall have the right to suspend the respondent’s account. If the respondent has subsequently provided the supporting documents that the respondent has fulfilled your obligation of shipment, payment, refunds, etc., as appropriate, or if the disputing parties have reached a settlement, TijarahNet shall reactivate the respondent’s account.
- If the respondent has failed to fulfill your obligations in time, or if the respondent has failed to perform your obligations under the settlement agreement with the complainant, TijarahNet shall have the right to impose penalties on the respondent.
- TijarahNet shall have the right to unilaterally determine whether any supporting documents are sufficient to prove any issue in dispute and whether any party should be responsible.
- If any party to the dispute has made any changes, amendments, or forgeries to the supporting documents, TijarahNet shall have the right to immediately make a determination against that party.
If the Seller or both of the Buyer and the Seller should be responsible for the default, TijarahNet shall have the right to immediately terminate the Seller’s account(s). TijarahNet shall also have the right to publish the record of such termination on the TijarahNet Website and/or other media channels. If a settlement has been reached between the parties to the dispute, and the Buyer retracts the complaint against the Seller, TijarahNet shall have the right to exempt the Seller from the penalty of terminating the account, unless the buyer’s retraction of complaint has been found due to on the Seller’s inducement, threat, or coercion.
If the Buyer or both of the Buyer and the Seller should be responsible for any defaults, TijarahNet shall have the right to immediately terminate the buyer’s account. TijarahNet shall have the right to publish the records of such termination on the TijarahNet Website and/or other media channels. Where the dispute is that the Buyer did not pay the order, if the Buyer subsequently fulfilled the payment obligations, then TijarahNet shall have the right to exempt the Buyer from the penalty of terminating the account(s).
Unless there is any special circumstance, TijarahNet should make its decision within 45 calendar days from its receipt of notice of dispute.
14. Product Listing Policy
You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. TijarahNet functions as a global marketplace, thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside.
The following is a list of product categories and items that are prohibited or restricted. TijarahNet has chosen to also prohibit the posting of other categories of items which may not be restricted or prohibited by law but are nonetheless controversial.
This list is not exhaustive. As a Seller, you are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction. TijarahNet, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.
- Items that encourage illegal activities;
- Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
- Giveaways, lotteries, raffles, or contests;
- Stocks, bonds, investment interests, and other securities;
- Pornographic materials or items that are sexual in nature;
- Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.
- Artifacts, cultural relics, historical grave markers, and related items are protected under the laws of the Malaysia and other jurisdictions and may not be posted or sold through the Site.
- The trade of cultural relics (including personal collection relics), gold, silver, other precious metals, rare animals and their products is strictly prohibited under Malaysia law and is accordingly prohibited on the Site.
- CURRENCY AND STAMPS
- TijarahNet strictly forbids the sale and purchase of currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form (e.g. crypto-currency) and other securities, as well as the equipment used to produce such items.
- Counterfeits, legal tenders and stamps are strictly prohibited.
- Reproductions or replicas of coins as collectible items must be clearly marked with the word “COPY”, “REPRODUCTION” or “REPLICA” and comply with all relevant local laws.
- CONTRACTS AND TICKETS
- You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Website, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Website. Some items, such as airline tickets, have terms printed on the item that may limit your ability to sell that item. In other cases, such as when you are distributing a company’s products, you may have signed a separate contract restricting your ability to market the product.
- TijarahNet does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. TijarahNet therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on the Website.
- TijarahNet would advise Sellers to contact the company with whom you entered into the contract and/or consult with an attorney.
- CREDIT CARD
- Credit or debit cards cannot lawfully be transferred from one person to another, and therefore such items may not be listed on the Site.
- DRUGS & ASSOCIATED PARAPHERNALIA
- The listing or sale of narcotics, steroids, poppy seeds, poppy seed products or other controlled substances (including all drugs listed in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.) is strictly forbidden on the Website.
- The listing or sale of drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance is strictly forbidden on the Website. Such items include, but are not limited to those items used for the ingestion of illicit substances including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs, etc.
- ETHNICALLY OR RACIALLY OFFENSIVE MATERIAL
- Postings that are ethnically or racially offensive are prohibited. Sellers and purchasers must ensure that any wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services.
- Occasionally, if materials are of historical value or integral to the item (such as a book title), members may use offensive words and phrases in the subject and description of a posting. TijarahNet encourages all members to treat others as they themselves would like to be treated.
- EVENT TICKET RESALE
- TijarahNet allows the listing of tickets to performance, sporting and entertainment events to the extent permitted by law. However, as a ticket Seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms on the ticket itself.
- FACES, NAMES AND SIGNATURES
- Items containing the likeness, image, name, or signature of another person are prohibited, unless the products were made or authorized by the person whose likeness, image, name or signature has been used.
- FINANCIAL SERVICES
- TijarahNet prohibits listings that offer financial services, including money transfers, issuing bank guarantees and letters of credit, loans, fundraising and funding for personal investment purposes, etc.
- FIREARMS, AMMUNITION, WEAPONS
- The posting of, offering for sale, or offering for purchase of any arms, ammunitions, military ordnance, weapons (including explosive weapons), and/or any related parts or accessories is strictly prohibited. Such activity can result in your account being delisted.
- TijarahNet does not permit the posting, offering for sale, or offering of purchase of air guns, BB guns, paintball guns, stun guns, harpoons, spear guns, or any other weapons that may discharge a projectile containing any gas, chemicals, or explosive substances. Replica, “look-alike”, and imitation products of the above items under certain circumstances will be permitted only upon the express approval of TijarahNet.
- Any servicing, instruction, processing, or aid of producing any biological, chemical, or nuclear weapons, or any other Weapons of Mass Destruction (WMD) or its known associated agents is strictly prohibited by international law and is. Any violation of this policy will result in the notification of government authorities by TijarahNet and your account being delisted.
- Knives and other cutting instruments will in most cases be permitted to be listed. Switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed hand-held devices, and disguised knives are not permitted to be listed. TijarahNet maintains discretion over what items are appropriate and may cause removal of a listing that it deems as a weapon.
- TOBACCO PRODUCTS
- The posting of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf is forbidden.
- The posting of nicotine and liquids for use in electronic cigarettes is forbidden on the Site.
- Government-Issued IDs, Licenses and Uniforms
- The following items may not be listed on the Site:
- Items that claim to be, or appear similar to, official government-issued identification documents or licenses, such as birth certificates, drivers licenses, visas or passports. Furthermore, completed applications for such documents containing personal information may not be listed.
- Fake identification cards or any items that are designed for the manufacture of such cards.
- Articles of clothing or identification that claim to be, or appear similar to, official government uniforms.
- Military decorations, medals and awards, in addition to items with substantially similar designs.
- The following items may not be listed on the Site:
- HAZARDOUS AND DANGEROUS MATERIALS
- The posting, offering for sale, or offering for purchase of hazardous or dangerous materials (such as the categories of dangerous goods as defined under the International Maritime Dangerous Goods Code) is forbidden.
- The posting of any products containing harmful substances (e.g. toys containing lead paint) is forbidden on the Site.
- Automotive airbags are expressly forbidden on the Website due to the explosive nature of the materials.
- Asbestos materials and/or products containing asbestos are prohibited.
- HUMAN PARTS AND REMAINS
- TijarahNet prohibits the listing of any humans, the human body, or any human body part. Examples of such prohibited items include, but are not limited to: organs, bone, blood, sperm, and eggs.
- Skulls and skeletons that are used for medical or educational purposes may be listed on the Website.
- Items made of human hair, such as wigs for commercial uses, are permitted.
- The listing or sale of any form of invoices or receipts (including blank, pre-filled, or value added invoices or receipts), is strictly prohibited on the Site.
- JOB POSTINGS
- Job postings from which a factory/company/institute may directly recruit employees are prohibited.
- MAILING LISTS AND PERSONAL INFORMATION
- The posting or sale of bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses, is strictly prohibited. Other items that are prohibited include software or other tools which are designed or used to send unsolicited commercial email (i.e. “spam”).
- MEDICAL AND HEALTHCARE SERVICES
- TijarahNet prohibits listings that offer medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, healthcheck, psychological counseling, dietetics, plastic surgery, massage, etc.
- NON-BUSINESS INFORMATION
- TijarahNet is an online business to business information platform; personal and non-business information is prohibited.
- NON-TRANSFERABLE ITEMS
- Non-transferable items may not be posted or sold through the Website. Many items including lottery tickets, airline tickets and some event tickets may not be resold or transferred.
- POLICE-RELATED ITEMS
- The posting of law enforcement badges or official law enforcement equipment from any public authority, including badges issued by the government of any country, is strictly prohibited.
- There are some limited police items that may be listed on our site, provided they observe the following guidelines:
- Authorized general souvenir items, such as hats, mugs, pins, pens, buttons, cuff links, T-shirts, money clips that do not resemble badges and paperweights that do not contain badges.
- Badges that are clearly not genuine or official (e.g. toy badges).
- Historical badges that do not resemble modern law enforcement badges, provided that the item description clearly states that the badge is a historical piece at least 75 years old or issued by an organization which no longer exists.
- Police uniforms may be posted provided that they are obsolete and in no way resemble current issue police uniforms. This fact must be clearly stated within the posting description.
- PORNOGRAPHIC MATERIALS AND ADULT PRODUCTS
- The posting or sale of pornographic materials is strictly prohibited, as it violates laws in many countries. While pornography is difficult to define and standards vary from nation to nation, TijarahNet will generally follow guidelines accepted in Malaysia.
- TijarahNet strictly prohibits items depicting exploitation of minors, bestiality, rape sex, incest or sex with graphic violence or degradation.
- In determining whether listings or information should be removed from the site, we consider the overall content of the posting, including photos, pictorials, and text.
- TijarahNet does not permit the sale of SM. Novelty sexually explicit items, including various types of toys, collectibles, or food items in the shape of genitalia and primarily intended for adult buyers are permitted in the appropriate category.
- POSTING AN ADVERTISEMENT FOR THE SOLE PURPOSE OF COLLECTING USER INFORMATION OR RAISING MONEY
- TijarahNet is the ideal Website for business to business commercial transactions. Honesty and high ethical standards is what we represent. Postings on this Website should clearly represent the item being sold. If your objective is otherwise, we ask that you seek out other websites to carry on the business activity you seek to perform.
- PRESCRIPTION DRUGS AND DEVICES
- TijarahNet does not permit the posting of prescription drugs. If you are uncertain as to whether your item is permitted, please contact TijarahNet prior to posting.
- TijarahNet does not permit the posting of psychotropic drugs and narcotics.
- Member may post over-the-counter drugs if you have obtained necessary approval, license or permit to manufacture or sell drugs. If you are uncertain as to whether you may post over-the-counter drugs, please contact TijarahNet prior to posting.
- TijarahNet also does not permit the posting of unauthorized medical devices.
- REAL ESTATE
- A real estate posting allows buyers to contact the Seller to get more information and express interest about the property listed. Before you post a listing relating to sale or purchase of real estate, you must ensure that you have complied with all applicable laws and regulations
- REPLICA AND COUNTERFEIT ITEMS
- Listing of counterfeits, non-licensed replicas, or unauthorized items, such as counterfeit designer garment, watches, handbags, sunglasses, or other accessories, is strictly prohibited on the Site.
- If the products sold bear the name or logo of a company, but did not originate from or were not endorsed by that company, such products are prohibited from the Site.
- Postings of luxury brand products are permitted if a certificate of authorization has been issued by the luxury brand owner.
- Postings offering to sell or purchase replicas, counterfeits or other unauthorized items shall be subject to removal by TijarahNet. Repeated postings of counterfeit or unauthorized items shall result in the immediate suspension of your membership.
- CIRCUMVENTION DEVICES AND HACKING EQUIPMENT
- Descramblers or other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services are prohibited. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate. Some examples of items which are not permitted include smart cards and card programmers, descramblers, DSS emulators and hacking software.
- Similarly, information on “how to” descramble or gain access to cable or satellite television programming or other services without authorization or payment is prohibited. TijarahNet’s policy is to prohibit any encouragement of this type of activity.
- Devices designed to intentionally block, jam or interfere with authorized radio communications, such as cellular and personal communication services, police radar, global positioning systems (GPS) and wireless networking services (Wi-Fi) are prohibited.
- Academic Software
- Academic software is software sold at discounted prices to students, teachers, and employees of accredited learning institutions.
- On the Website, please do not list any academic software unless you are so authorized. Postings violating TijarahNet’s academic software policy may be deleted prior to publication
- For postings of academic software on behalf of an authorized educational reseller or an educational institution, such licensure must be stated conspicuously in the postings, including selling leads, Products and companies. A certificate of authorization issued by the authorized educational reseller (or the educational institution) also must be provided to TijarahNet.
- OEM Software
- Do not list “OEM” or “bundled” copies of software on the Website unless you are selling it with computer hardware. Original Equipment Manufacturer (OEM), or bundled software, is software that is obtained as part of the purchase of a new computer. OEM software licenses usually prohibit the purchaser from reselling the software without the computer or, in some cases, without any computer hardware.
- Academic Software
- SPY EQUIPMENT
- The listing or sale of spy equipment is not permitted on the Site.
- The listing of devices used for interception of wire, oral and electronic communications is prohibited.
- Hidden photographic devices are permitted, unless used to facilitate the surreptitious viewing or recording of individuals for sexual purposes.
- STOCKS AND OTHER SECURITIES
- TijarahNet does not permit the listing or sale of stocks, bonds, credit, investment interests, or other securities.
- STOLEN PROPERTY
- The posting or sale of stolen property is strictly forbidden on the Site, and violates international law. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
- TijarahNet supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images and/or text in your item description have been used by another Website user without your authorization, or that your intellectual property rights have been violated by such user, please contact our service team at [email protected]
- TEXTILE QUOTA
- The offering for sale or purchase of textile quota is prohibited on the Website
- TRANSIT RELATED ITEMS
- The following items related to the commercial airline and public transportation industries may not be listed on the Website:
- Any article of clothing or identification related to transportation industries, including but not limited to, commercial airline pilot’s uniforms, flight attendant’s uniforms, airport service personnel uniforms, uniforms related to railway industries, and uniforms of security personnel of public transport industries. Vintage clothing related to commercial airlines or other public transport may be listed on the Website provided that the item description clearly states that the item is at least 10 years old, is no longer in use by the airline or other public transport authority and does not resemble any current uniform.
- Manuals or other materials related to mass commercial public transportation, including safety manuals published by commercial airlines or entities operating subways, trains or buses. Such items may only be listed if the description clearly states that the material is obsolete and no longer in use by the airline or other transit authority.
- Any official, internal, or non-public documents.
- UNAUTHORIZED COPIES OF INTELLECTUAL PROPERTY
- The listing or sale of unauthorized (pirated, duplicated, backup, bootleg, etc.) copies of software programs, video games, music albums, movies, television programs, photographs or other protected works is forbidden on the Website .
- USED CLOTHING AND COSMETICS
- Used undergarments may not be listed or sold on the Website. Other used clothing may be listed, so long as the clothing has been thoroughly cleaned. Postings that contain inappropriate or extraneous descriptions will be removed.
- The listing or sale of used cosmetics is prohibited on the Website.
- VETERINARY PRODUCTS AND DRUGS FOR ANIMALS
- Prescription veterinary products and drugs may not be listed on the Website.
- WILDLIFE AND ANIMAL PRODUCTS
- The listing or sale of any animal (including any animal parts which may include pelts, skins, internal organs, teeth, claws, shells, bones, tusks, ivory and other parts) protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or any other local law or regulation is strictly forbidden on the Website .
- The listing or sale of products made with any part of and/or containing any ingredient derived from sharks or marine mammals is prohibited on the Website.
- The listing or sale of products made from cats or dogs, including pelts, skins, fur, meat, is prohibited on the Website.
- The listing or sale of poultry, livestock and pets for commercial purposes is permitted on the Website.
- SANCTIONED AND PROHBITED ITEMS
Products prohibited by laws, regulations, sanctions and trade restrictions in any relevant country or jurisdiction worldwide are strictly forbidden on the Website.
The above list should not be considered exhaustive in nature and shall be updated on a continuous basis. If you are unsure about the product you wish to list is allowed, please contact our customer services department at http://support.TijarahNet.com.
15. Disclaimer of Warranties
The contents of the TijarahNet Website and the products we deliver are provided “as is.”We make no representations or warranties, whether express or implied, of any kind about their accuracy or functionality. We assume no liability or responsibility for any errors or omissions in the content of the TijarahNet Website, for any failures, delays, or interruptions in the delivery of any content contained on the TijarahNet Website, for any losses or damages arising from the use of the content provided on the TijarahNet Website, or for any conduct by users of the TijarahNet Website to the full extent permissible by law, TijarahNet disclaims all representations and warranties about the products we deliver, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, we do not represent or warrant that the information accessible via our Website is accurate, complete, or current. In no event shall TijarahNet, its shareholders, directors, officers, or employees be liable (jointly or separately) to anyone for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any of our product and services or the information on our website. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable laws.
All Members acknowledged that TijarahNet s not involved in the actual transaction between buyers and sellers. All Members should understand that they should exercise the same discretion in TU transactions as they would in undertaking a cash transaction. Hence, all Members agree to indemnify and hold TijarahNet harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein the Member is a Buyer or seller.
All Members acknowledged that any transaction facilitated by the network is done on a voluntary basis. All Members must agree to waive any claim, debt, or liability whatsoever against TijarahNet arising out of any computer or software malfunction or processing errors.
TijarahNet has no control over and does not guarantee the quality, safety, accuracy, actuality or legality of content uploaded by other users, including ratings and reviews. All Members acknowledges and agrees that TijarahNet shall not be required to actively monitor nor exercise any editorial control whatsoever over the content on TijarahNet’s website.
TijarahNet bears no liability for any mistakes or negligence made by the licensed deposit-taking institution holding the backing of TijarahNet in circulation where it is not the fault of TijarahNet.
16. Referral Program
All Members are encouraged to nominate their customer or supplier to join the iGENS. The key benefit when the Member’s customer or supplier joins the iGENS is that Members may now have an option to receive payments from the customer or make payment to the supplier in TUs. This will certainly help the Member to better manage their cashflow.
The Member will need to provide the company name and e-mail address. The information provided by Members will be kept strictly confidential.
Upon receiving the referral, TijarahNet will send a formal invitation and will provide all the necessary support and information to the referred company to participate in the iGENS.
18. Use of Personal Information
When a user registers for an account or is undergoing the review process, the user is expected to provide information that may be deemed personal. With this information, we will use to send news, newsletters, special offers, promotional announcements and consumer surveys. Occasionally, we send our customers special offers and promotional information via postal mail, using the shipping address provided.
If our Members no longer want to receive the newsletters, other announcements or postal mail, simply access the Member’s account to unsubscribe.
TijarahNet is committed to protect our Member’s personal information in accordance to the data protection laws in Malaysia.
All content and data included on the TijarahNet Website, or in any of our product and services provided to you, including but not limited to text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software is the property of TijarahNet, or its suppliers and is protected by Malaysian and international copyright laws. No content may be reproduced or used without express written permission from TijarahNet and any other copyright holder.
20. Website Content
TijarahNet offers reviews and user comments pertaining to the product and services advertised on our Website. Under no circumstances shall TijarahNet or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the TijarahNet Website.
It is not TijarahNet’s responsibility to evaluate the information, opinion, advice, or other content available through the TijarahNet Website. Some hyperlinks on TijarahNet Website may lead to other Websites that are not owned or controlled by TijarahNet. TijarahNet has not reviewed these sites and has no control over the content of such sites. When you connect to linked sites and/or downloading any information from linked sites, this is done entirely at your own risk. TijarahNet makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer. The information and materials contained on this Website, including all terms, conditions, and descriptions are subject to change.
21. Copyright Complaints
If you believe that material on the TijarahNet Website is infringing your rights under the Malaysian copyright law, you may file a complaint of such claimed infringement with TijarahNet’s designated copyright agent by e-mail to our Legal Team.
For your complaint to be valid under the Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You should be aware that, under the Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
By using the TijarahNet Website, you agree not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the TijarahNet Website.
You also agree not to interfere in any way with the servers or networks connected to the TijarahNet Website, or to violate any of the procedures, policies, or regulations of networks connected to the TijarahNet Website, the terms of which are incorporated herein. You also agree not to conduct yourself in an offensive manner while using our service and/or our Website, impersonate any other person while using the TijarahNet Website, or use the TijarahNet Website for any unlawful purpose. By using the TijarahNet Website, you agree not to post reviews containing statements that are illegal, obscene, threatening, defamatory, or otherwise objectionable to us or other users. Additionally, you agree not to use a false e-mail address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice. We encourage our subscribers to communicate with us so that we and our subscribers and the public at large may be informed about the TijarahNet service. You hereby agree that TijarahNet is free to use any of the comments, statements, information, ideas, concepts, reviews, hints, or techniques contained in communications you send to us, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever. Furthermore, by posting information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce, or modify that information.
23. Security and Access
For transmitting your personal information to us, we use a secure server (SSL), which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorized access. You can access your account from every page on the site to update and correct your name, email address, password, postal address, credit cards, and mailing list preferences. Please note that you must be signed in to the TijarahNet Website to access this information. We have implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. You are solely responsible for safeguarding your TijarahNet username and password. To prevent unauthorized use of your account, be sure to change your password often, and keep it in a safe place.
24. Update Personal information
To view or update your name, username, e-mail address, password, billing address, e-mail subscription preferences, or other account information, log in to your account. There is a link to your account on all pages of the TijarahNet Website. Please note that you must log in with username and password before you can update any account information. If you believe that your account information contains errors and you cannot correct those errors from your account page, please contact our Customer Service.
If you choose not to submit personal information when requested, you will not be able to use of services.
Cookies are alphanumeric identifiers that we transfer to your computer or hard drive through your Web browser, allowing us to automatically identify you when you return to our TijarahNet Website. They help us to match the products you have chosen to buy with your individual account, and to personalize your experience when shopping in the TijarahNet Website. The information contained in a cookie may be linked to your personally identifying information. If cookies are not enabled on your Web browser, you will not be able to use the TijarahNet Website or the TijarahNet service.
Your order and billing history are also tracked automatically from the beginning of your TijarahNet subscription. This allows you to log in to your account and see a complete list of transactions you have done with us.
26. Co-Sponsors and Promotional Partners
Except as described in this page, we will not sell, rent or disclose your personally identifying information to third parties without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. We occasionally use other companies, agents or contractors to perform services necessary to our operations. For example, we have partnered with other companies to personalize our Web pages, process credit card transactions, analyze customers” interaction with our Website and process consumer surveys. We also provide postal addresses to our courier for delivery purposes. In the course of providing such services, these companies may have contact with your personally identifying information. By contractual agreement, these companies must treat your information in accordance with this Policy. We will not be liable for any damages that may result from the misuse of your personal information by these companies. From time to time, we may partner with companies whose products we believe will interest our users. In conjunction with these partners, we occasionally send promotional announcements to particular customers. We do not automatically include our users in any particular marketing promotion; instead, we use a variety of factors, including user activity at the TijarahNet Website, to determine the appropriate users. You can go to the TijarahNet Website and request that your name be excluded from these mailings with our marketing partners. We may use a vendor to carry out these mailings. However, the partner company never sees your email address or any other information that could identify you or be used to contact you directly. Any exceptions to this policy of sharing your name, address or email address with a partner company will be done only with your permission. TijarahNet also reserves the right to disclose information when required by law. We may disclose personal information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, TijarahNet’s customer information may be transferred to our successor or assign. We also provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties. We do this so that we and our advertisers can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific users. Customers should check back for updates to this policy. TijarahNet will obtain email consent from any user if the company is going to be using the information collected in a manner different from that stated when the user registered.
1. Free on Board or “FOB” is a trade term requiring the Seller to deliver goods on board a vessel designated by the buyer. The Seller fulfills its obligations to deliver when the goods have passed over the ship’s rail.
2. Cost, Insurance and Freight – CIF’ A trade term requiring the Seller to arrange for the carriage of goods by sea to a port of destination, and provide the Buyer with the documents necessary to obtain the goods from the carrier.
3. CFR – Cost and Freight (named port of destination). Seller must pay the costs and freight to bring the goods to the port of destination. However, risk is transferred to the Buyer once the goods are loaded on the vessel. Insurance for the goods is NOT included.