Welcome to the ginnydriedseafood.com website and/or the ginnydriedseafood mobile app (the
“Platform”). These
Terms of Use govern your access and use of the Platform and the use of any services,
information and functions made available by us at the Platform (“Services”). Before using
this Platform or the Services, you must read carefully and accept these Terms of Use and all
other terms and conditions and policies pertaining to the use of the Platform and/or the
Services (collectively referred to as “G Lucky Terms and Conditions”) and you must consent
to the processing of your personal data as described in the Privacy Policy set out at
https://www.ginnydriedseafood.com/privacy-policy/. By accessing the Platform and/or using
the
Services, you agree to be bound by G lucky Terms and Conditions and any amendments to the
foregoing issued by us from time to time. If you do not agree to G Lucky Terms and
Conditions and the Privacy Policy, do not access and/or use this Platform and/or the
Services.
The Terms of Use stated herein constitute a legal agreement between you and G Lucky
Sdn. Bhd. (Registration No.: 202201039076 (1484773-V), a company
incorporated in Malaysia and having its registered address at Suite 2 No. 3A-B,
Jalan Desa Aman Puri, 52100 Kuala Lumpur, WP KL (“G Lucky”,
“we”, “us” or “our”).
G Lucky reserves the right, to change, modify, add, or remove portions of these
Terms of Use and/or G Lucky Terms and Conditions at any time. Changes will be
effective when posted on the Platform or Website with no other notices provided and
you are deemed to be aware of and bound by any changes to the foregoing upon their
publication on the Platform.
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 obtain
permission from your parent(s) or legal guardian(s) to open an account on the
Platform. If you are the parent or legal guardian of a minor who is creating an
account, you must accept and comply with these Terms of Use on the minor's behalf
and you will be responsible for the minor’s actions, any charges associated with the
minor’s use of the Platform and/or Services or purchases made on the Platform. If
you do not have consent from your parent(s) or legal guardian(s), you must stop
using/accessing this Platform and/or Services
USE OF THE PLATFORM AND/OR SERVICES
We grant you a non-transferable and revocable license to use the Platform and/or
Services, subject to these Terms of Use, for the purpose of shopping for personal
items sold on the Platform. Commercial use or use on behalf of any third party is
prohibited, except as explicitly permitted by us in advance. Any breach of these
Terms of Use shall result in the immediate revocation of the license granted herein
without notice to you.
Content provided on this Platform is solely for informational purposes. Product
representations expressed on this Platform are those of the vendor and are not made
by us. Submissions or opinions expressed on this Platform are those of the
individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Platform may
require registration or subscription. Should you choose to register or subscribe for
any such services or related features, you agree to provide accurate and current
information about yourself, and to promptly update such information if there are any
changes. Every user of the Platform is solely responsible for keeping passwords and
other account identifiers safe and secure. The account owner is entirely responsible
for all activities that occur under such password or account. Furthermore, you must
notify us of any unauthorized use of your password or account. G Lucky shall not be
responsible or liable, directly or indirectly, in any way for any loss or damage of
any kind incurred as a result of, or in connection with, your failure to comply with
this section.
We may, from time to time and without giving any reason or prior notice, upgrade,
modify, suspend or discontinue the provision of or remove, whether in whole or in
part, the Platform or any Services and shall not be liable if any such upgrade,
modification, suspension or removal prevents you from accessing the Platform or any
part of the Services.
We reserve the right, but shall not be obliged to:
monitor, screen or otherwise control any activity, content or material on
the Platform and/or through the Services. We may in our sole and absolute
discretion, investigate any violation of these Terms of Use contained herein
and may take any action it deems appropriate;
prevent or restrict access of any an authorised user to the Platform and/or
the Services;
report any activity it suspects to be in violation of any applicable law,
statute or regulation to the appropriate authorities and to co-operate with
such authorities; and/or
to request any information and data from you in connection with your use of
the Services and/or access of the Platform at any time and to exercise our
right under this paragraph if you refuse to divulge such information and/or
data or if you provide or if we have reasonable grounds to suspect that you
have provided inaccurate, misleading or fraudulent information and/or data.
Third Party Vendors: You acknowledge that parties other than G Lucky (i.e. Third
Party Vendors) list and sell Products on the Platform. Whether a particular Product
is listed for sale on the Platform by G Lucky or a Third Party Vendor may be stated
on the webpage listing that Product. For the avoidance of doubt, each agreement
entered into for the sale of a Third Party Vendor’s Products to a Customer shall be
an agreement entered into directly and only between the Third Party Vendor and the
Customer. You further acknowledge that Third Party Vendors may utilise paid services
offered by G Lucky to occupy certain product listings slots within your search
results on the Platform.
USER SUBMISSIONS
You grant us a non-exclusive licence to use the materials or information that you
submit to the Platform and/or provide to us, including but not limited to,
questions, reviews, comments, and suggestions (collectively, "Submissions"). When
you post comments or reviews to the Platform, you also grant us the right to use the
name that you submit or your username, in connection with such review, comment, or
other content. You shall not use a false e-mail address, pretend to be someone other
than yourself or otherwise mislead us or third parties as to the origin of any
Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the
Platform, information content on the Platform and all the website design, including,
but not limited to, text, graphics, software, photos, video, music, sound, and their
selection and arrangement, and all software compilations, underlying source code and
software (collectively referred to as “Intellectual Property”) shall remain our
property or where applicable, our affiliates or third party intellectual property
owners. The entire contents of the Platform also are protected by copyright as a
collective work under Malaysia copyright laws and international conventions. All
rights are reserved.
No part or parts of the Platform may be reproduced, reverse engineered, decompiled,
disassembled, separated, altered, distributed, republished, displayed, broadcasted,
hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any
means or stored in an information retrieval system or installed on any servers,
system or equipment any Intellectual Property without our prior written permission
or that of the relevant Intellectual Property owners. No party accessing the
Platform shall claim any right, title or interest therein. Permission will only be
granted to you to download, print or use the Intellectual Property for personal and
non-commercial uses, provided that you do not modify the Intellectual Property and
that we or the relevant copyright owners retain all copyright and other proprietary
notices contained in the Materials.
Our limitation of responsibility and liability
The Platform and all data and/or information contained therein and/or the Services
are provided on an “as is” and “as available” basis without any warranties, claims
or representations made by G Lucky of any kind either expressed, implied or
statutory with respect to the Platform and/or the Services, including, without
limitation, warranties of non-infringement of third party rights, title,
merchantability, satisfactory quality or fitness for a particular purpose. All data
and/or information contained in the Platform and/or the Services are provided for
informational purposes only.
Without limiting the foregoing, G Lucky does not warrant that the Platform and/or
the Services or the functions contained therein will be available, accessible,
uninterrupted, timely, secure, accurate, complete or error-free, that defects, if
any, will be corrected, or that this Platform and/or the server that makes the same
available are free of viruses, clocks, timers, counters, worms, software locks, drop
dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful
codes, instructions, programs or components.
G Lucky and all of its respective officers, employees, directors, agents,
contractors and assigns shall not be liable to you for any losses whatsoever or
howsoever caused (regardless of the form of action) arising directly or indirectly
in connection with:
any access, use and/or inability to use the Platform or the Services;
reliance on any data or information made available through the Platform
and/or through the Services. You should not act on such data or information
without first independently verifying its contents;
any system, server or connection failure, error, omission, interruption,
delay in transmission, computer virus or other malicious, destructive or
corrupting code, agent program or macros; and
any use of or access to any other website or webpage linked to the Platform,
even if we or our officers or agents or employees may have been advised of,
or otherwise might have anticipated, the possibility of the same.
Any risk of misunderstanding, error, damage, expense or losses resulting from the
use of the Platform and/or Services is entirely at your own risk and we shall not be
liable therefore.
HYPERLINKS
For your convenience, we may include hyperlinks to other websites or content on the
Platform that are owned or operated by third parties. Such linked websites or
content are not under our control and we are not liable for any errors, omissions,
delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity,
inaccuracy or any other objectionable material contained in the contents, or the
consequences of accessing, any linked website. Any hyperlinks to any other websites
or content are not an endorsement or verification of such websites or content and
you agree that your access to or use of such linked websites or content is entirely
at your own risk.
APPLICABLE LAW AND JURISDICTION
These Terms of Use and/or other G Lucky Terms and Conditions shall be interpreted
and governed by the laws in force in Malaysia. you hereby agree to submit to the
jurisdiction of the Courts of Malaysia.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice
to you, immediately terminate or revoke any or all of your rights granted under
these Terms of Use and/or other G Lucky Terms and Conditions. Upon any termination
of these Terms of Use and/or other G Lucky Terms and Conditions, you shall
immediately cease all access to and use of the Platform and/or Services and we
shall, in addition to any other legal or equitable remedies, immediately revoke all
password(s) and account identification issued to you and deny your access to and use
of this Platform and/or Services in whole or in part. Any termination of this
agreement shall not affect the respective rights and obligations (including without
limitation, payment obligations) of the parties arising before the date of
termination. You furthermore agree that G Lucky shall not be liable to you or to
any other person as a result of any such suspension or termination. If you are
dissatisfied with the Platform and/or Services or with any terms, conditions, rules,
policies, guidelines, or practices of G Lucky, in operating the Platform and/or
providing Services, your sole and exclusive remedy is to discontinue using the
Platform and/or the Services.
