a) The Terms and Conditions of Use herein ("TOU") shall apply to your use of the Home Shopping Platform. Before using the Home Shopping Platform, you must read carefully this TOU. By accessing, viewing, browsing and/or using the Home Shopping Platform you agree to accept and be bound by this TOU which may be posted by GO SHOP on the Home Shopping Platform from time to time.
b) GO SHOP reserves the right, to change, modify, add, or remove portions of this TOU at any time without notice. All such changes, modifications and amendments are effective once they are posted on the Site or notified by GO SHOP. The continued usage of the Home Shopping Platform following such changes to these TOU constitutes your acceptance of those changes. In the event you do not agree to the amended TOU, you must not continue to access, view, browse and/or use the Home Shopping Platform.
c) For avoidance of doubt, the terms and conditions governing any person who has registered with GO SHOP as a customer will be governed by the GO SHOP Customer Terms and Conditions and GO SHOP Privacy Notice (all of which can be found on the Site). The GO SHOP Privacy Notice also applies to any personal data collected used or stored by GO SHOP and further by accessing and using the Home Shopping Platform, you consent and agree to the terms specified in the GO SHOP Privacy Notice and all our actions taken in respect with your personal data consistent with the GO SHOP Privacy Notice.
d) All materials and information provided on the Home Shopping Platform including without limitation images, photographs, pictures, recordings, text, statements, graphics, data, logos, graphics, sound, programs, audio, video, links or other items and any other material and information (collectively “Content”) are provided on an "as is" and "as available" basis. References to such Content include the material and information provided by third parties. Subject to applicable law, GO SHOP reserves the right to change, rearrange, add, d elete or otherwise modify any Content presented on the Home Shopping Platform at any time, with or without prior notice to you, including changing, rearranging or otherwise modifying without limitation the programs, advertisements, schedules that are presented or broadcasted on GO SHOP TV.
“Astro” means Astro Malaysia Group, and includes all its related companies including without limitation MEASAT Broadcast Network Systems Sdn Bhd (Company Number 240064-A), a satellite and cable TV service operator which provides data, high definition format services, recording services, pay-per-view, premium/special events, near video on demand, interactive and other special services (including paid packages of television and radio channels);
“Business Partners” means the business partners of GO SHOP whose products and/or services are featured, advertised, promoted or offered for sale on the Home Shopping Platform including without limitation suppliers, vendors, sellers, merchants and other third parties;
"Customer/Customers” means a registered Customer of GO SHOP as defined under GO SHOP’s Customer Terms and Conditions;
“GO SHOP” means the home shopping business operated by Astro GS Shop Sdn Bhd (Company Number 1081077-X) a company incorporated in Malaysia and having its registered address at 3rd Floor, All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur, Malaysia, and which operates on the Home Shopping Platform to provide a venue for Customers to access, view, browse, and/or place an order for any Product;
"GO SHOP Customer Terms and Conditions" means the Terms and Conditions applicable to GO SHOP’s Customers as defined therein;
“GO SHOP TV” means collectively the home shopping television channels and programs operated by GO SHOP which is currently available on Astro’s TV Channels via cable or satellite TV services including without limitation Astro Channels 118, 120 and 303 (subject to such changes from time to time) that features and offers Products for sale;
“Home Shopping Platform” means collectively GO SHOP TV and the Site and/or such other home shopping platforms, on ground locations or stores where GO SHOP shall advertise or sell or offer for sale the Products;
"Product/Products" means any product/merchandise/offers/display items and shall include the Services that are uploaded /showcased/displayed/broadcasted and/or offered for sale on the Home Shopping Platform;
"Site" means collectively GO SHOP’s website at www.goshop.com.my, m.goshop.com.my (mobile site/ mobile website) and/or any mobile applications/mobile interfaces applications/ apps and the services provided and/or social media platforms (including without limitation Facebook, YouTube, Instagram) which provides a venue / platform to the users of the Site and/or a Customer to access, view, browse or purchase the Products featured, showcased/displayed and/or offered for sale on the Site;
“Services” which means the services provided by GO SHOP in relation to any Products and/or services featured or offered for sale on its Home Shopping Platform including those offered for sale by any of the Business Partners;
“You/Your” means the person who uses the Home Shopping Platform and includes any Customer/Customers and any person accessing, viewing, browsing and/or the Home Shopping Platform.
2. ACCEPTANCE OF TERMS
a) You must be an individual person above the age of eighteen (18) years who is capable of entering into a legally binding agreement under Malaysian law and contacting GO SHOP for information on any of the Products and to use and access the features and services of this Site. You agree to notify us immediately whenever your personal or billing information changes (including, for example, your name, address, credit card and telephone number). You agree to comply with this TOU and all applicable laws, statutes and regulations regarding your use of the Home Shopping Platform and our Products featured or offered on the Home Shopping Platform.
b) By using the Home Shopping Platform, you expressly accept and give your unconditional consent that we may use and/or disclose information about your demographics in any manner which does not reveal your identity for purposes of marketing, promotional, strategic development, research and customer care.
c) You agree that GO SHOP TV is operated by GO SHOP via Astro’s satellite and cable television channel and where you are a subscriber of Astro, you shall also comply with the terms and conditions imposed by Astro on its subscribers.
3. YOUR RESPONSILIBITIES AND CONDUCT
a) You are personally responsible for your use of the Home Shopping Platform and you shall use at your own risk. You shall use the Home Shopping Platform in accordance with these TOU and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code. GO SHOP reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
b) Where you agree and consent to provide any Information or personal data as specified in GO SHOP’s Privacy Notice to GO SHOP, you shall not provide and/or cause to be provided any information which:
• is false, inaccurate or misleading;
• violates or breaches any law;
• is defamatory;
• contains pornographic or obscene wordings and materials.
• contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature;
• any other prohibited content as provided under applicable laws.
"Information" referred to hereinabove includes but is not limited to any information (including personal data) provided by you to GO SHOP via its toll-free number to GO SHOP’s authorised personnel, information in any public message area (such as community forums, photo area and feedback area) or through electronic mail and social media.
c) The Home Shopping Platform may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Home Shopping Platform and assume all risk associated therewith.
d) The Home Shopping Platform is provided to you for internal, non-commercial, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Home Shopping Platform to any other party; or (b) make commercial use of the Home Shopping Platform without the express written consent of GO SHOP.
e) You agree to use the Home Shopping Platform only for lawful purposes and for internal personal use only.
f) You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication to GO SHOP. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
g) You will not use the Home Shopping Platform in any manner that could damage, disable, overburden, or impair the Home Shopping Platform (or the network(s) connected) or interfere with any other party's use and enjoyment of the Home Shopping Platform. You will not attempt to gain unauthorized access to the Home Shopping Platform and Customers’ accounts with GO SHOP, computer systems or networks connected to the Home Shopping Platform, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Home Shopping Platform.
h) You will not post or transmit through the Home Shopping Platform any defamatory, libelous, harassing, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. You will always treat other users with respect and will not interfere with other users’ use or enjoyment of the Home Shopping Platform.
i) You will not post or otherwise make available on the Home Shopping Platform any material, which you do not own without the express permission of the owner of the material.
j) You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material and/or Content on the Home Shopping Platform except as is strictly necessary for your own personal non-commercial home use.
k) You will not do anything that affects the operability or security of the Home Shopping Platform or causes unreasonable inconvenience or offence or disruption to GO SHOP, its employees, servants or authorized personnel.
4. TERMINATION/ACCESS RESTRICTION
a) Without limiting anything herein contained, GO SHOP reserves the right at its sole discretion to terminate any one of the Home Shopping Platform and your use and access to any one of the Home Shopping Platform at any time without notice and for any reason.
c) In addition to any termination rights GO SHOP may have under this TOU, GO SHOP may suspend your use and/or access to any one of the Home Shopping Platform without notice and in its sole discretion if:
i) if you commit or perform fraudulent activities or fraudulent activities are performed by third parties under a Customer’s Account or GO SHOP suspects fraudulent use of any one of the Home Shopping Platform ((“fraudulent activities” or “fraudulent use” of an Account may include but is not limited tounauthorised access to or by third parties of a Customer’s e-mail address and password, entering invalid or apparently invalid user information for the Account, or attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation or using another person’s banking account to pay for any order or such other illegal activities that breach or infringe applicable laws).
ii) You materially violate this TOU or any notice posted from time to time on the Home Shopping Platform, any applicable law, rule or regulation relating to the use of the Products including without limitation carrying out illegal or criminal activities.
iii) Any law, regulation, or governmental action renders all or any portion of the Home Shopping Platform (or your use of the Products) unlawful or impracticable.
iv) Your use and access of the Home Shopping Platform impairs or threatens to impair the integrity or reputation, business and operations of GO SHOP in any manner whatsoever.
v) GO SHOP, at its sole discretion ceases to offer any free, trial, or promotions for the Products, where such termination or suspension shall solely relate to such Products.
vi) If GO SHOP believes that you have violated or acted inconsistently with the letter or spirit of this TOU.
d) You agree that GO SHOP shall not be liable to you or any third-party for any termination and/or suspension of your use of any part of the Home Shopping Platform and/or access to the Home Shopping Platformor if you are a Customer, your account with GO SHOP.
e) Information on the Home Shopping Platform may contain technical inaccuracies or typographical errors and may be changed or u pdated without notice. GO SHOP may also make improvements and/or changes to the Home Shopping Platform, at any time without notice. Your access to the Home Shopping Platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services to the Home Shopping Platform.
f) The Home Shopping Platform may not be available to be accessed from all regions and countries of the world. GO SHOP reserves the right, in its sole discretion, to limit or terminate your ability to access the Home Shopping Platform from certain regions or countries, and you assume all risk associated with the accessibility of the Home Shopping Platform from any given region or country of the world.
5. DISCLAIMER & LIMITATION OF LIABILITY
a) GO SHOP makes no warranty or guarantees of any kind that the Home Shopping Platform will meet your requirement or that the Home Shopping Platform will be secure, timely, uninterrupted or error free, or that any Content found on the Home Shopping Platform, software or other material accessible on or through the Home Shopping Platform are true, accurate, or are free of viruses or other harmful components. In relation to the Site, you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. All use of the Home Shopping Platform is at your own risk and you are solely responsible for all damages resulting therefrom.
b) To the maximum extent permitted by applicable law, GO SHOP disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Home Shopping Platform the broadcasting and transmission of GO SHOP TV and transactions performed through the Products generally. GO SHOP makes no representations or warranties as to the quality of the call or any connection to or any transmission on the Home Shopping Platform, the incompatibility of the Home Shopping Platform with any of your equipment, software or telecommunication links, technical problems including errors or interruptions of the Home Shopping Platform, unsuitability, unreliability or inaccuracy or the inadequacy of the Home Shopping Platform to meet your requirements. GO SHOP also makes no representations or warranties as to the quality of the programs or any transmission over GO SHOP TV.
c) To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall GO SHOP be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if GO SHOP has been advised of the possibility of such damages or even if such damage is foreseeable), loss of anticipated savings, wasted expenditure, loss of privacy, loss of data, that result from the use of or the inability to use the Home Shopping Platform, any changes to the Home Shopping Platform and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Home Shopping Platform or arising in connection with the fraudulent or unlawful acts of any third party.
d) You specifically agree that GO SHOP is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
e) If you are dissatisfied with the Home Shopping Platform, the materials available on or through the Home Shopping Platform or with the provisions of this TOU, you agree that your sole and exclusive remedy is to discontinue using the Home Shopping Platform.
f) GO SHOP will take reasonable measures to maintain the privacy and security of all private information provided by you, but third parties (such as hackers) may breach or attempt to breach GO SHOP's security measures or may gain unauthorized access to the GO SHOP database or other equipment containing your information. You agree that GO SHOP shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Home Shopping Platform or any other company equipment or user information.
g) Information on the Home Shopping Platform may contain technical inaccuracies or typographical errors and may be changed or u pdated without notice. GO SHOP may also make improvements and/or changes to the Home Shopping Platform, at any time without notice. Your access to the Home Shopping Platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services.
h) The Home Shopping Platform may not be available to be accessed from all regions and countries of the world. GO SHOP reserves the right, in its sole discretion, to limit or terminate your ability to access the Home Shopping Platform from certain regions or countries, and you assume all risk associated with the accessibility of the Home Shopping Platform from any given region or country of the world.
i) GO SHOP reserves the right to limit or prohibit your entry into the Home Shopping Platform in its sole discretion and shall not be liable for such limitation or prohibition.
j) GO SHOP shall not be held responsible for (i) any loss, damage or harm which you may or will suffer or incur as a result of the terms and conditions applying to any contract entered into by you with any GO SHOP’s Business Partners whose products and/or services are featured on the Home Shopping Platform; or (ii) for any acts, omissions, errors or defaults of any Business Partner in reference to those terms and conditions, in respect of any product or services purchased by you from the Business Partner via the Products offered by GO SHOP on the Home Shopping Platform.
You agree to indemnify, defend and hold GO SHOP, its subsidiaries and affiliates and any third-party information providers to the Home Shopping Platform harmless from and against all losses, liability, expenses, damages and costs, including legal fees, resulting from any violation by you of this TOU or asserted by any third party due to or arising out of your use of or conduct on the Home Shopping Platform including the use of or conduct on the Site by a third party through your password or where you are a Customer, your account with GO SHOP.
7. LINKS TO THIRD PARTY SITES
a) The Site may contain links to third party websites, resource and advertisements (collectively "Linked Websites"). You agree that Linked Websites are necessary for GO SHOP to provide the Products. Such Linked Websites are provided to you only as a convenience. GO SHOP shall not be responsible if any of the Linked Websites is not working appropriately. GO SHOP has no control over such Linked Websites and shall not be responsible for the contents, advertisements, products and/or services of any Linked Website, including without limitation any link contained in a Linked Website, including that relating to social networking sites such as Facebook and does not endorse any content, advertising, products, services, and/or other materials on or available from such Linked Websites. If you decide to access and use any of the Linked Websites, you do so entirely at your own risk.
b) You agree that GO SHOP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertisement, product and/or services available on or through any such Linked Websites. The purchase of any product or service from a merchant, seller, vendor or supplier (collectively “Merchant”) from a Linked Website is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. GO SHOP has no responsibility or liability for any Merchant or your relationship with such Merchant.
8. DISCLOSURE AND CONFIDENTIALITY
a) GO SHOP reserves the right to disclose any personal information about you or your use of the GO SHOP Service and without your prior permission if GO SHOP in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of GO SHOP or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
b) Any non-personal information or material sent to GO SHOP by you will generally NOT be treated as confidential. For further details on use and disclosure of your personal information please see GO SHOP’s Privacy Notice posted on the Site, which is incorporated into and forms part of this TOU.
9. PROPRIETARY RIGHTS
i) All Content found on the Home Shopping Platform are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of and Content found on the Home Shopping Platform, including any reproduction, modification, copying, distribution or use of any of the materials and Content of the Home Shopping Platform, is strictly prohibited, without GO SHOP's express and prior written consent. Any reproduction or redistribution of the Content found on the Home Shopping Platform is expressly prohibited by law, and may result in severe civil and criminal penalties.
ii) Content found on the GO SHOP TV are provided on an "as is" and "as available" basis. References to such Content contained on GO SHOP TV include the material and information provided by third parties. Subject to applicable law, GO SHOP reserves the right to change, rearrange, add, d elete or otherwise modify any Content presented on GO SHOP TV at any time, with or without prior notice to you, including changing, rearranging or otherwise modifying without limitation the programs, advertisements, schedules that are presented or broadcasted on GO SHOP TV.
iii) Elements of the Home Shopping Platform, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
iv) No Content from the Home Shopping Platform may be copied or retransmitted unless expressly permitted in writing by GO SHOP.
b) GRANT OF LICENSE AND RESTRICTIONS
i) You acknowledge and agree that any necessary intellectual property including the Content used in connection with the Home Shopping Platform contain proprietary and confidential information that is protected by applicable intellectual property and other laws. GO SHOP reserves all rights not expressly granted herein, including without limitation ownership and proprietary rights.
ii) You may not copy the Content to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Content, except insofar as such restriction is prohibited by law. Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
iii) GO SHOP is the owner or the licensee of all intellectual property rights in the Home Shopping Platform, and in the Content broadcasted, displayed and/or published on the Home Shopping Platform. The Content is protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of the Content on the Home Shopping Platform without GO SHOP’s consent, we shall be entitled to demand from you to return or destroy any copies of the materials you have made.
c) TRADEMARKS AND THIRD-PARTY MATERIALS
GO SHOP reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names and any other intellectual property rights in relation to Go Shop or otherwise (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on the Home Shopping Platform may be marks of third parties that are not affiliated with GO SHOP and you shall ensure that the intellectual property rights to such third-party marks are not infringed.
d) Anything that you submit to the Home Shopping Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, 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.
10. MOBILE SERVICES
a) The Content provided on the Site in particular mobile site/mobile website (“Mobile Services”) by GO SHOP and/or its content providers which includes without limitation messages, files, data, images, photographs, software, ring tones, pictures, logos, video clips, video streaming, live feeds, information on demand content (e.g. information about health, lifestyle, etc) and games or otherwise (collectively referred to as the "Mobile Content") that you may download or stream to your mobile device, personal media player, mobile gaming device or personal computer which is equipped with the necessary functions or applications to support the Mobile Content to be downloaded or streamed. We advise you to check with your respective mobile phone operator or Internet service provider on whether your device can support or is compatible to download, view and stream the Mobile Content.
b) GO SHOP will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to any delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators.
A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system, including but not limited to browser type, and Internet Protocol (IP) address. GO SHOP may use this information to analyze traffic on the Site, in order to better serve you when you return to the Site. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Site.
a) This TOU is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and GO SHOP regarding this TOU will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction.
b) If there is any conflict or inconsistency between this TOU and the GO SHOP Customer Terms and Conditions, such conflict or inconsistency will be resolved in a manner most favorable to GO SHOP. However, if such conflict or inconsistency cannot be so resolved, the GO SHOP Customer Terms and Conditions will prevail over this TOU.
c) GO SHOP's failure to insist upon or enforce strict performance of any provision of this TOU or GO SHOP’s failure to take immediate action for any breaches of the terms of this TOU shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by GO SHOP in writing.
d) GO SHOP may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
e) This TOU contain the entire understanding between the parties hereto with respect to the Home Shopping Platform. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU.
f) GO SHOP's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of GO SHOP's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Home Shopping Platform or information provided to or gathered by GO SHOP with respect to such use.
g) If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and if any provision(s) of the TOU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and any notice given in electronic form shall be admissible in judicial or administrative proceedings.
h) Notices to you shall not be modified, except by an express modification by GO SHOP as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you on the Site.
i) This TOU shall be governed in all respects by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.
j) If any provision of this TOU is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced.
New Version V2- Updated 18 March 2019