Terms of Service
1. INTRODUCTION
1.1 Welcome to the Genesys Reserve platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Genesys Reserve account ("Account") so that you are aware of your legal rights and obligations with respect to Genesys Reserve @Pintar Analytica Sdn Bhd its affiliates and/or subsidiaries (individually and collectively, "Genesys Reserve", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Genesys Reserve client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), 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 Genesys Reserve.
1.2 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 Genesys Reserve 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. Genesys Reserve is not involved in the transaction between Users. Genesys Reserve may or may not pre-screen Users or the Content or information provided by Users. Genesys Reserve reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Genesys Reserve cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, 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.
1.4 Genesys Reserve 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. Genesys Reserve 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. Genesys Reserve 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.
1.5 Genesys Reserve 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 GENESYS RESERVE 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. PRIVACY
2.1 Your privacy is very important to us at Genesys Reserve. To better protect your rights we have provided the Genesys Reserve’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Genesys Reserve 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 Genesys Reserve'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 Genesys Reserve; 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 Genesys Reserve’s prior written consent.
2.2 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.
3. LIMITED LICENSE
3.1 Genesys Reserve 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 Genesys Reserve 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).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Genesys Reserve. You acknowledge that Genesys Reserve may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Genesys Reserve reserves all rights to the software not expressly granted by Genesys Reserve hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Genesys Reserve.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Genesys Reserve, in its sole discretion, finds offensive or inappropriate, Genesys Reserve has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Genesys Reserve has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Genesys Reserve of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Genesys Reserve will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Genesys Reserve may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Genesys Reserve deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial resale without approval , (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Genesys Reserve. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Genesys Reserve may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Genesys Reserve in writing (including via email at support@genesysreserve.org) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Genesys Reserve after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Genesys Reserve shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Genesys Reserve.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub-account platform operated by Genesys Reserve (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that: (a) the purpose of the Sub-Accounts are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities); (b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Section 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts; (c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts; (ii) any third parties to whom you grant access to your Sub-Accounts will have the ability to access and operate your Account; (iii) we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and (iv) you shall be responsible for all actions of the Sub-Accounts; and (d) Genesys Reserve reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Genesys Reserve may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Genesys Reserve;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Genesys Reserve platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Genesys Reserve with respect to the Services and/or data transmitted, processed or stored by Genesys Reserve;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Genesys Reserve, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
(cc) direct or encourage another user to conduct a transaction other than on the Site.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Genesys Reserve, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Genesys Reserve be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Genesys Reserve and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Genesys Reserve and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Genesys Reserve or submitted to Genesys Reserve, including, without limitation, information in Genesys Reserve Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Genesys Reserve may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Genesys Reserve or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Genesys Reserve, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
7.2 If you believe a User on our Site is violating these Terms of Service, please contact support@genesysreserve.org.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Genesys Reserve does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Genesys Reserve in any way and Genesys Reserve is neither the agent nor representative of the Users.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the Intellectual Property Right (IPR) form and provide us the documents to support your claim. Do allow us time to process the information provided. Genesys Reserve will respond to your complaint as soon as practicable.
8.4 Without limitation to the indemnity at Section 23, each and every Seller agrees to indemnify and hold Genesys Reserve harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any Content or product listings, and/or (b) any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.
9. PURCHASE AND PAYMENT
9.1 Genesys Reserve supports one or more of the following payment methods in each country it operates in:
(i) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Genesys Reserve Guarantee Account (as defined in Section 12). Buyer must provide Genesys Reserve with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Genesys Reserve’s app as payment confirmation.
10. WALLET
10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Wallet”). The sum of this money, minus any withdrawals, will be reflected as your Wallet’s balance.
10.2 You may transfer funds from your Wallet balance(up to the amount of your Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Genesys Reserve may also automatically transfer funds from your Wallet balance to your Linked Account on a regular basis, as determined by Genesys Reserve. Genesys Reserve shall only process such transfers on business days and such transfers may take up to Ten business days to be credited to your Linked Account.
10.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). Genesys Reserve may impose a fee of RM100.00 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at Genesys Reserve’s discretion.
10.4 Money from your sale of items on Genesys Reserve shall be credited to your Wallet balance within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.
10.5 Once submitted, you may not modify or cancel a Withdrawal Request.
10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Wallet balance in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar of Unclaimed Moneys (Jabatan Akauntan Negara Malaysia) (“Registrar”) in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
10.7 You authorize us to initiate debit or credit entries to your Wallet:
10.8 We have the right to limit, freeze or suspend your Wallet balance for any reason, including where you fail to repay outstanding amounts due to us by the due date.
10.9 If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Genesys Reserve may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Wallet balance in your Account. The amount and frequency of such fee shall be prescribed by Genesys Reserve from time to time.
11. CANCELLATION, RETURN AND REFUND
11.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Genesys Reserve Guarantee Account.
11.2 Genesys Reserve 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 Genesys Reserve Guarantee Account.
11.3 Genesys Reserve does not monitor the cancellation, return and refund process for offline payment.
12. SELLER’S RESPONSIBILITIES
12.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
12.2 Seller shall also ensure that the Seller properly and correctly categorises each product that the Seller intends to list on the Site by following this guide found at the Seller Education Hub. Seller acknowledges and agrees that the guide may be updated from time to time by Genesys Reserve and the Seller agrees to follow any updated guide thereafter. Seller agrees that in the event a product is wrongly categorised, Genesys Reserve may take such actions as may be necessary as provided in this article in the Seller Education Hub. The article may be updated by Genesys Reserve from time to time. In the event of any dispute over the categorisation of products, the Seller agrees that Genesys Reserve has the final decision over the dispute.
12.3 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
12.4 Seller agrees that Genesys Reserve may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
12.5 For the purpose of promoting the sales of the items listed by Seller, Genesys Reserve may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Genesys Reserve.
12.6 Seller shall issue receipts or tax invoices to Buyer on request.
12.7 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Genesys Reserve cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
12.8 Seller acknowledges and agrees that Seller’s violation of any of Genesys Reserve’s policies will result in a range of actions as stated in Section 7.1.
13. TRANSACTION FEES & COMMISSION FEES
13.1 Genesys Reserve charges a fee for all successful transactions completed on the Site, including any other program fees that may be charged by Genesys Reserve under any other program (“Transaction Fee”). The Transaction Fee charged for a successful transaction completed on the Site is calculated at two percent (15-70%) of the Buyer’s Purchase Monies, rounded up to the nearest cent, in addition to any other program fees (where applicable).
13.2 For Sellers located outside of Malaysia, Genesys Reserve charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.
13.3 In addition to Transaction Fees, Genesys Reserve also charges a fee for all successful transactions completed by Sellers on the Site (“Genesys Reserve Commission Fee”). The Genesys Reserve Commission Fee is borne by the Seller, and is calculated by percentage based on the gross settlement price of the product (“Commission Rate”). The Commission Rate varies depending on the category of the product sold. Genesys Reserve may amend the Commission Rate from time to time by announcing the amendment in the Seller Education Hub.
13.4 The gross settlement price refers to the final product price. For the avoidance of doubt, the gross settlement price shall not be affected by Genesys Reserve vouchers, Genesys Reserve rebates. For more details, please refer to this article found at the Seller Education Hub.
13.5 The Transaction Fee and the Genesys Reserve Commission Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
13.6 Following the successful completion of a transaction, Genesys Reserve shall deduct the Transaction Fee, Genesys Reserve Commission Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 12.2. Genesys Reserve shall issue receipts or tax invoices for the Transaction Fee, Genesys Reserve Commission Fee and Tax Amount paid by Seller on request.
14. OTHER PROGRAMMES AND SERVICES
14.1 You agree that if you are whitelisted by Genesys Reserve to be eligible for any other programmes or services offered by Genesys Reserve. You are deemed to have agreed to the terms of service governing such programmes or services, and your continued participation in such programmes or services shall constitute your acceptance of the terms of service therein. You may notify us if you do not wish to participate in such programmes or services.
15. DISPUTES
15.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Genesys Reserve shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
15.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Genesys Reserve (except where Genesys Reserve is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
16. FEEDBACK
16.1 Genesys Reserve welcomes information and feedback from our Users which will enable Genesys Reserve to improve the quality of service provided. Please refer to our feedback procedure below for further information:
17. DISCLAIMERS
17.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GENESYS RESERVE OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENESYS RESERVE DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.
17.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17.3 GENESYS RESERVE HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE GENESYS RESERVE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
18. EXCLUSIONS AND LIMITATIONS OF LIABILITY
18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENESYS RESERVE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
18.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
18.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, GENESYS RESERVE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) RM 100 (ONE HUNDRED RINGGIT).
18.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GENESYS RESERVE’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF GENESYS RESERVE THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
19. YOUR CONTRIBUTIONS TO THE SERVICES
19.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Genesys Reserve. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Genesys Reserve and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
19.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Genesys Reserve by any means (each, a "Submission"), is not considered confidential by Genesys Reserve and may be disseminated or used by Genesys Reserve without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Genesys Reserve, you acknowledge and agree that Genesys Reserve and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Genesys Reserve and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
20. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
20.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Genesys Reserve is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Genesys Reserve responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
20.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Genesys Reserve. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Genesys Reserve has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Genesys Reserve shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Genesys Reserve may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
21. YOUR REPRESENTATIONS AND WARRANTIES
21.1 You represent and warrant that:
22. FRAUDULENT OR SUSPICIOUS ACTIVITY
22.1 If Genesys Reserve, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Genesys Reserve, other Buyers or Sellers, other third parties or you from Reversals, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
For the purposes of this Section:
"Claim" means a challenge to a payment that a Buyer or Seller files directly with Genesys Reserve.
"Reversal" means the reversal of a payment by Genesys Reserve because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Genesys Reserve, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen bank account), (d) you received the payment for activities that violated these Terms of Service or any other Genesys Reserve policy, or (e) Genesys Reserve decided a Claim against you.
23. INDEMNITY
23.1 You agree to indemnify, defend and hold harmless Genesys Reserve, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Genesys Reserve is the Seller in the transaction that the dispute relates to), (b) the hosting, operation, management and/or administration of the Services by or on behalf of Genesys Reserve, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, (e) your breach of any law or any rights of a third party, or (f) any Content uploaded by you.
24. SEVERABILITY
24.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
25. GOVERNING LAW
25.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Genesys Reserve or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
26. GENERAL PROVISIONS
26.1 Genesys Reserve reserves all rights not expressly granted herein.
26.2 Genesys Reserve may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Genesys Reserve) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
26.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
26.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Genesys Reserve, nor does it authorise you to incur any costs or liabilities on Genesys Reserve’s behalf.
26.5 The failure of Genesys Reserve at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
26.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Genesys Reserve's affiliates and subsidiaries (and each of Genesys Reserve's and its affiliates' and subsidiaries' respective successors and assigns).
26.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
26.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
26.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us at: support@genesysreserve.org.
LEGAL NOTICES: Please send all legal notices to support@genesysreserve.org and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.