Welcome to the Boot.com.my platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Boot.com.my account ("Account") so that you are aware of your legal rights and obligations with respect to Boot.com.my and its affiliates and subsidiaries (individually and collectively, "Boot.com.my", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Boot.com.my client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Boot.com.my.
1. Service.
1.1. General.
The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer ("Buyer”) and the seller ("Seller”) (collectively "you”, "Users” or "Parties”). The actual contract for sale is directly between Buyer and Seller and Boot.com.my is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Boot.com.my is not involved in the transaction between Users. Boot.com.my may or may not pre-screen Users or the Content or information provided by Users. Boot.com.my reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Boot.com.my cannot ensure that Users will actually complete a transaction.
1.2. Design Contest.
Before becoming a User of the Site, and use the Site as per design, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.3. Ready-made Design Store.
Boot.com.my reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Boot.com.my may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Boot.com.my may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
2. License/Assignment.
Boot.com.my reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING Boot.com.my SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE "LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.1. PRIVACY
Your privacy is very important to us at Boot.com.my. To better protect your rights we have provided the Boot.com.my.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Boot.com.my collects and uses the information associated with your Account and/or your use of the Services (the "User Information”). By using the Services or providing information on the Site, you:
(i) consent to Boot.com.my's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Boot.com.my; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Boot.com.my’s prior written consent.
2.2. License.
2.21 Users in possession of another User’s personal data through the use of the Services (the "Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
Boot.com.my grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property”) displayed in the Site are the property of Boot.com.my and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
2.22 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Boot.com.my. You acknowledge that Boot.com.my may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
3. Payment Terms.
3.1. Payment and Delivery.
Boot.com.my supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (COD)
Boot.com.my provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer ("Bank Transfer”) to our designated Boot.com.my Guarantee Account (as defined in Section 11). Buyer must provide Boot.com.my with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Boot.com.my’s app as payment confirmation. If payment confirmation is not received by Boot.com.my within three (3) days, Buyer’s order will be cancelled.
3.2. Refunds.
3.2.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Boot.com.my Guarantee Account.
3.2.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Boot.com.my Guarantee Period, if applicable, subject to and in accordance with Boot.com.my’s Refunds and Return Policy. Please refer to Boot.com.my’s Refunds and Return Policy for further information.
3.2..3 Boot.com.my reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Boot.com.my Guarantee Account.
3.2..4 If you have redeemed Boot.com.my Coin for your transaction and you are successful in obtaining a refund based on Boot.com.my’s Refunds and Return Policy, Boot.com.my shall refund the monies you have actually paid for the item and credit back any redeemed Boot.com.my Coin to your Account separately.
3.2..5 Boot.com.my does not monitor the cancellation, return and refund process for offline payment.