BELLO2 TERMS AND CONDITIONS
Welcome to Bello2, an online-based marketplace managed and operated by Citrine Plexus Sdn. Bhd. (Co.No.1075247-W) (“the Company”). Before you start using our Site and/or our Services, please read the following Terms and Conditions carefully. By accessing and using our Site and our related Services (including but not limited to the sale and purchase of Voucher), it is deemed that you have read and accepted the following Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from accessing or using our Site and our related Services.
- For the purpose of these Terms and Conditions, the following definitions shall apply:-
- “Bello2” means the online-based marketplace named "Bello2" managed and operated by Citrine Plexus Sdn. Bhd. (Co.No.1075247-W), a company registered in Malaysia under the Companies Act 1965 and having its business address at Unit 6-1, Tower 3, Avenue 3, The Horizon, Bangsar South, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia, referred to in these Terms and Conditions as “Bello2”, “we”, “us”, “our” and/or “ours”;
- “Users” means the persons who access Bello2, interact with the Services of Bello2, referred to in these Terms and Conditions as “User(s)”, “you”, “your” and/or “yours”
- “Site” means the website, mobile application(s) and/or tablet application(s) of Bello2;
- “Services” means the services and features provided by Bello2 to Users through the Site;
- “Voucher(s)” means the paid services Deal(s).
- “Deal(s)” means the good(s) and service(s) sold by third party (“the Merchants”) through Bello2 which are made available for the Users’ direct purchase on the Site with a time limited promotional added value.
- "Discount" means the deduction from the original cost of service(s) or good(s). The discount percentage of all deals listed in Bello2 are round up to the nearest whole number (eg. 92.5% will round up to 93%).
- “Merchants” means the third parties who wish to open an Online Store to conduct Sales in Bello2 and such other registration(s) as may be approved by the Company by applying for the usage of the System.
- “Buyers” means the User(s) who has purchased a Voucher(s) and/or Product(s) from the Site.
- “Transaction Fees” means the fee paid to Company by the Merchant for usage of services which is automatically deducted before settling payment.
- “Delivery Period” means a period of time starts on the date immediately succeeding the payment confirmation date and ends on the delivery completed date. In the case of public holidays and other holidays in Kuala Lumpur or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.
- “Purchase Finalization Period” means the period during which the Buyer is required to express its intent to finalize its purchase (confirmation of its purchase, exchange or return), which expires on the 7th day from the date of receipt of the products.
- “Payment for Settlement” means the payment pay by the Company to Merchant on a monthly basis when Vouchers are redeemed and/or expired by Redemption End Date and Products are successful delivered after Purchase Finalization Period.
Use of Site and Services
- You may use our Site and Services only upon your consent to comply with all these Terms and Conditions and to provide us accurate, complete and up-to-date information when using our Site and Services.
- You shall be solely responsible for your User ID when using our Site and Services.
- Children below the age of 18 are strictly prohibited to use our Site or Services. By using the Site and Services, you hereby agree that you are above the age of 18 and you are legally competent to accept and to comply with these Terms and Conditions. In the event the User is below the age of 18, then the parents or guardian of the underage User shall bear full responsibility for the actions of the underage User and shall indemnify us for any claims, losses or damages arising as a result.
- By accessing and using our Site and Services, you hereby agree:-
- to use the Site and/or Services only for your personal and non-commercial purpose;
- not to do or caused to be done any unlawful, immoral and/or illegal activities while using the Site and/or Services;
- not to abuse the Site and/or Services in a way which will cause harassment or distress to other persons, or which indirectly reflects negatively on Bello2 and/or its Merchants;
- not to collect any personal data from Bello2 without authorisation including but not limited to names and/or contact details of other persons;
- not to nor attempt to gain access to the private secured area of the Site and/or Services to which you do not have any rights of access including source code of the software that enables the operations of the Site;
- not to nor attempt to interfere with the operations of the Site and/or Services
- not to nor attempt to expose the operation of the Site and/or Services to any risk;
- not to upload or send any form of virus, worm, Trojan horse or other malicious code onto the Site;
- not to use the Site and/or Services to create or send unsolicited electronic communications or spam;
- not to use the Site and/or Services for any dishonest and fraudulent purpose;
- not to copy or distribute any content of the Site and/or Services in any medium without authorisation from Bello2;
- not to impersonate, pretend to be another person, or hijack another person’s identity.
- If the User should suffer any loss or damages as a result of breakdown or interruption in the internet connection or any form of telecommunication while accessing or using the Site or our Services, Bello2 shall not be held liable for any such loss or damages.
- Bello2 does not warrant that access to or use of this Site is free from any computer viruses or any other harmful effects related to computer technology.
- Bello2 reserves the absolute right to place any advertisement at any time and any place on the Site.
- Bello2 shall not be responsible or liable for any telecommunications or data plan charges which are incurred by you as a result of your usage of the Site or Services.
Creating Your Bello2 Account
- You will be required to create an account with Bello2 in order to access certain Services, including member benefits.
- A Bello2 account can be created either by registering directly on our Site or by allowing Bello2 to connect through your social media platform(s) or e-mail platform(s).
- Upon registration, you will obtain a personal User ID. Please take note that you will be solely responsible to maintain your User ID without disclosing it to any third party. In the event your User ID has been used by person(s) other than you to access our Site and/or Services, we will assume that the said access has been made by you.
- To avoid your User ID being used by unauthorized person(s), please take the necessary steps e.g. to change your password on a regular basis and to reset your password immediately if you are aware that your User ID is being used without authorization. You are solely responsible to ensure that your password is protected at all times, failing which any loss or damages incurred as a result shall be your sole liability.
- We do not allow registration of individuals or entities whose privileges to access our Site and/or Services had been previously terminated by us and you shall not allow any of those individuals or entities to use your account for purpose of accessing our Site and/or Services.
- You are prohibited from creating multiple emails to log-in to the Site, abusing the Site to cheat or perpetuate fraud and/or creating disturbance or annoying other Users. In the event you are guilty of the above said wrongdoings, your Bello2 account shall be immediately suspended.
Managing Your Bello2 Account
- After creating a Bello2 account, you can always update your registered information in your Bello2 account.
- You are advised to immediately update your registered information if there is any change of the said information whereby we shall not be responsible for any losses incurred due to your failure to update the said information.
- All transactions made by you on our Site will be based on the information provided by you. If you have purchased a Voucher / Product with outdated information and the transaction of Voucher / Product has been completed before any amendment is being made, you are required to contact Bello2 immediately with regards to the changes of your registered information, if necessary.
Selling a Deal
- To sell a Deal on Bello2, you shall register a valid Merchant account and create your own Deals listing via Bello2 Merchant Panel.
- Merchant is fully responsible for the Deals listing and warrants that:
- Merchant is the valid owner of Deals listed.
- Merchant has the right to sell the Deals online in Malaysia.
- The Deals conform to all applicable laws regulations in Malaysia.
- The Deals strictly conform to the specifications, drawings, performance criteria other descriptions referred to/or proved on the Site by Merchant.
- Deals are free from defects in terms of materials, performance, operation & workmanship.
- No misleading information is included on the Site.
- The price of the listed Deals is competitive.
- No illegal or offensive content is inserted on the Site.
- Without limiting the foregoing, Merchant may not list on the Site or sell any item by using Bello2 which:
- Cosmetics endangering the safety or health of the customer, items without authorization from BFAD/ Bureau of Food and Drug.
- Firearms or any hazardous weapons.
- Black-market Items.
- Stolen goods.
- Goods that were imported illegally.
- Illegal items.
- A fixed Transaction Fee will be charged on the transaction price of the Deals. No additional service fees or payment gateway fees will be imposed.
- All transaction price is subjected to GST and other taxes by applicable laws and regulations. Bello2 will not charge Merchant such GST and other taxes additionally. Bello2 and Merchant agree to pay their own GST and other taxes seperately.
- The Company shall issue receipts or tax invoices for Transaction Fees paid by Merchant on a monthly basis.
- Payment for Settlement will be fully paid to Merchant based on redeemed, expired of Vouchers and successful delivered of Products. Refund amount will be deducted from Payment for Settlement (if any).
Purchasing a Deal
- To purchase a Deal from Bello2, you can either purchase it directly from the Site as a guest, or purchase as a member of the Site by signing-in to your Bello2 account.
- After successful payment in Bello2, you will be receiving a confirmation of the payment by e-mail from us, followed by a separate e-mail attaching the purchased Vouchers and/or tracking details for Products.
- The eligibility period for the redemption of the Voucher varies from different Merchants as stated in the purchased Voucher.
- A unique redemption code will be listed on each Voucher purchased and the said Voucher Code can be used to redeem the purchased goods or services from the Merchant. The procedures for making the redemption will also be stated on the Voucher for your easy reference.
- You are free to print the Voucher issued by Bello2 or download Bello2 mobile app by showing the purchased Voucher at “Voucher” tab and to redeem the Voucher with the relevant Merchant pursuant to the Terms and Conditions of the Deal after purchasing the Deal.
- You are not allowed to cancel a Voucher purchased in Bello2 once the payment for the Voucher has gone through.
Additional Terms and Conditions of Voucher
- Bello2 Voucher(s) does not carry any cash value and the redemption of the Voucher is limited to one (1) Voucher per redemption.
- Any duplicate use, sale and/or trade of Bello2 Voucher are strictly prohibited whereby each Voucher is issued to a specific Buyer.
- In the event a partial redemption of the Voucher has been made, there will be no change or refund for the said Voucher, except if the law requires.
- Unless otherwise provided on the Voucher, the redemption of a Voucher cannot be combined with any other Vouchers or promotions.
- Bello2 and/or any Merchant shall not be liable for any lost or stolen Voucher or its reference numbers after issuance.
Failure in Redeeming the Voucher
- In the event that the Merchant refuses to honour your redemption of a valid Voucher prior to its expiration date, you must inform us immediately whereby we will refund the paid portion of your Voucher to you provided that the Voucher has never been redeemed with the Merchant.
- You are required to send the following information to us in writing at email@example.com: (a) particulars of the relevant Voucher and Merchant, and (b) the date, time, and circumstances in which the Merchant refused to honour the redemption of the Voucher . The issuance of the refund is subjected to the investigation carried out by us and it is our sole discretion to decide whether to issue the refund to you upon our investigation.
Additional Terms and Conditions of Product
- Merchant shall fulfil the delivery of Products to Buyers within a standard Delivery Period offered by delivery company, and/ or any institutions in connection with the delivery locally.
- If the Product purchased is not delivered in accordance with the shipping period or within a reasonable time, the Buyer shall be entitled, by serving written notice on Bello2, to demand Merchant performance within a specified time thereafter, which shall be at least 14 days. If Merchant fails to do so within the specified time, the Buyer shall be entitled to cancel order in respect of the undelivered Products.
- In the event there is a dispute among the Merchant, Buyer, delivery company, and/ or any institutions in connection with the delivery, such disputes shall be resolved among the related parties. Bello2 shall not take part in any of such disputes, nor shall it be held liable thereto.
- In the case of the occurrence of refund request due to Products defection, wrong item or etc. after the purchase has been finalized, Bello2 shall not intervene. Any disputes arising between the Buyer and the Merchant after the purchase has been finalized shall be resolved between the relevant Buyer and Merchant.
- If the Buyer fails to express his or her intent to finalize the purchase, exchange or return within the Purchase Finalization Period, Bello2 may deem that the intent to finalize the purchase has been made and take the procedure to automatically finalize the relevant purchase (the "Automatic Finalization of Purchase") on the calendar date immediately succeeding the expiration date of such period; provided that if the Buyer does not receive the product within the Purchase Finalization Period, the Buyer may report such non-arrival to Bello2.
- Upon the conclusion of the Automatic Finalization of Purchase, Bello2 may remit the payment, which is in custody of Bello2, to the Merchant in a manner designated by Bello2.
- Once the Automatic Finalization of Purchase is concluded, the Buyer may not raise any objections against Bello2 such as non-delivered Products, request to return the Products, etc. The Buyer shall directly settle with the Merchant any issues relating to the obtaining of refunds of the purchase prices, exchange of the Products, etc.
- If Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Merchant’s fault) then without prejudice to any other right or remedy available to Merchant, Merchant may cancel order in respect of the undelivered Products.
- We reserve the right to reject any Products order you place with us, and/ or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Promotions and Availability of Deals
- Our Site may introduce special promotions and/or activities from time to time to encourage our Users and the public to purchase our Deals. We shall reserve our rights to determine the rules applicable to these promotions and/or activities and to apply the rules in our sole discretion. The applicable rules will be posted on the Site and/or the description page of the relevant promotions and/or activities.
- We reserve our rights to exclude or otherwise limit the availability of our Deals to persons residing in any area. We do not warrant that the Deals sold on our Site are available for purchase by all Users around the world.
Bello2 Promo Code
- The redemption of the each Promo Code is subjected to the specific Terms and Conditions contained therein. It is not exchangeable for cash, returnable or refundable after issuance, except if the law requires. Neither Bello2 nor the Merchant can be made liable for any lost or stolen Promo Code.
Responsibility of Merchant
- Bello2 acts as a marketplace to allow the Merchant to offer and sell its Deals to the User(s) of Bello2. All Deals made available for the Users’ purchase are being sold by Bello2 on behalf of the Merchant.
- As the ultimate good and service provider, the Merchant (and not Bello2) shall be solely responsible to indemnify the Buyer for any kind of losses, damages and injuries suffered by the Buyer arising directly or indirectly from the Goods or Services offered by the Merchant during or after the provision of the relevant goods or services to the Buyer. The Merchant shall also indemnify the Buyer for any unclaimed property or liability arising from unredeemed or partially redeemed Vouchers at its own costs.
Termination and Amendments
- We may modify, change or terminate our Site and/or Services at our sole discretion at any time without prior notice.
- We may also terminate or amend these Terms and Conditions at our sole discretion at any time without prior notice.
- In the event that you have breached any of these Terms and Conditions, these Terms and Conditions shall terminate automatically, save and except for Terms and Conditions in relation to a pre-existing purchase of a Voucher.
- Upon termination of these Terms and Conditions, you shall cease to use our Site and/or Services immediately. Nevertheless, these Terms and Conditions shall continue to apply to the purchase of Voucher made prior to the said termination.
- The use of our Site and/or Services is at the sole risk of the Users. Our Site and/or Services are made on an “as-is”, “as-available” and “with all faults” basis. Neither we, our affiliates and any of our employees, agents, suppliers and Merchants make express promises or guarantees about our Site and/or Services, warrant that use of our Site and/or Services will be uninterrupted or error-free, nor make any warranty as to (i) the results that may be obtained from use of our Site and/or Services, or (ii) the accuracy, reliability or content of any information, good and services, Deals or Vouchers purchased from this Site.
- We hereby disclaim any representations, warranties or conditions, whether express or implied, including, but not limited to, those of non-infringement, merchantability, and fitness for a particular purpose.
- Any information and/or representation given by a Bello2’s representative, whether verbally or in writing, shall not form any contractual promise.
Limitation of Liability
- Save and except for liabilities in relation to the sale of Deals to the extent as permitted by law, we, our affiliates and any of our employees, agents, suppliers and Merchants shall not be liable for lost profits or any special, incidental or consequential damages incurred by any User arising out of or in connection with our Site and/or Services whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- We, our affiliates and any of our employees, agents, suppliers and Merchants shall not be responsible for all conditions, warranties and other Terms and Conditions which may otherwise be implied by the applicable law.
- We shall not be made liable for our failure to perform or delay in performance of any of our obligations under these Terms and Conditions in the event of national emergency, war, prohibitive governmental regulation, fire, explosion, storm, flood, earthquake, natural disaster or if any other cause beyond our control that affects our performance of our obligations under these Terms and Conditions.
- You agree to indemnify and compensate us for all losses, expenses and other costs (including but not limited to legal fees) incurred by us due to or arising out of your breach of these Terms and Conditions. This clause shall continue to apply upon the termination or expiry of these Terms and Conditions as well as your use of our Site and/or Services.
Reservations of Rights and Release
- We shall have the right, but not the obligation, to monitor the contents of our Site and/or Services at all times and to take any action which we deems fit with regards to disputes occurring between you and other Users and/or Merchants.
- To the extent that the law permits, you hereby release us from any claims or liability arising out of or in connection with any contents displayed on our Site or the conduct of other Buyers and/or Merchants.
- We are the owner of all intellectual property rights of any kind in relation to our Site and/or Services as well as the content of our Site, including but not limited to applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you in these Terms and Conditions and our Site and/or Services and you are not allowed to use or exploit any of our intellectual property rights without our authorization.
- “Bello2” is our trademark. All rights in respect of this trademark are hereby expressly reserved.
- Other product and company displayed on our Site or provided as part of the Services may be trademarks of their respective owners.
- You agree to grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and publicly display in any form or medium, whether now known or later developed without territorial or time limitations, and to sublicense any or all of your intellectual property rights through multiple tiers of sub-licensees in any manner we choose.
- In the event you find any content on our Site infringing your copyrights, you may notify us at firstname.lastname@example.org by providing us the following information in writing:-
- your physical or electronic signature as the copyright owner or the representative of the copyright owner;
- information of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- information of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- your contact details, such as the person-in-charge, your address, telephone number and e-mail address;
- your written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- your written statement that the information in your notice is true and accurate to the best of your knowledge and belief, and that you are the copyright owner or the representative of the copyright owner.
- All communications between you and us will be made in an electronic form, either through posts on our Site or via e-mail.
- You agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that provided by us to you electronically satisfy any legal requirement that such communications would satisfy as if it were being made in writing.
- We may amend these Terms and Conditions from time to time by posting the amendments on our Site. The amended Terms and Conditions shall automatically become effective after they are posted on our Site.
- You are responsible to check our Site from time to time to view any such amendments and if you do not agree to any amendment made by us, you shall cease to use our Site and/or Services immediately. Your continuous use and access to our Site and/or Services shall indicate your acknowledgment of such amendments and your consent to be bound by such amendments.
- You and we are independent parties, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- You are not allowed to assign or novate, or attempt to assign or novate these Terms and Conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent.
- In the event any part of these Terms and Conditions are held ineffective, invalid or unenforceable by a court, the other provisions shall continue to apply.
- If you breach any of these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation. Our rights under these Terms and Conditions will survive any termination of these Terms and Conditions.
- These Terms and Conditions and all documents and communications directly or indirectly relating to it shall be in the English language.
Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
- Parties to these Terms and Conditions submit to jurisdiction in Malaysia and further agree that any cause of action arising out of or in connection with our Site and/or Services shall be brought exclusively to a court in Malaysia.