Terms & Conditions

Terms Of Use

Please read these terms of use carefully (including our security and Privacy Policy (add in webpage link ) before using our website www.sunshineonline.com.my (“site”), our SunshineOnline software, so that you are aware of your legal rights and obligations with respects to Sunshine Wholesale Mart Sdn.Bhd (“SunsineOnline”,”we”,”ours” or “us”)

By accessing this Site and/or using the Service, you hereby agree:

1)That you have read and agree to be legally bound by these Terms of Use including our Security & Privacy Policy (www.sunshineonline.com.my/pages/terms-conditions) and

2)That you are the user of the site and/or Services are intended for those who are 18 years or above, and may only purchase by those who are 18 years and above.

If you do not accept these Terms of Use, please leave the Site and/or discontinue use of the Service immediately.

SunshineOnline may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site or through the App.  Any use of the Site, App or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the Site, App and Services.

Site, App and Service

1.The Site and App is owned and maintained by SunshineOnline

2.SunshineOnline operates on online grocery store throughout the Site or App, which offers one or more of the following features and services (each “Service” and collectively the “Service”), mainly for the browsing and purchasing and offers scheduling of third party seller (Marketplace), logistic provider, courier, or vehicle through the use of Site or App:

     2.1.Access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

     2.2.Search Engine or tools;

     2.3.Blogs, messages boards, communication tools;

     2.4.Email or message alerts; and

     2.5.Any other services, features, content or application that SunshineOnline may offer through the Site or App from time to time in our sole and absolute discretion.

3.SunshineOnline reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.

License

1.SunshineOnline hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and/or App, and access and use the Service available via the Site and/or App, subject to the terms set out in these Terms of Use.

2.You agree not reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purpose, any portion of, or any access to:

     2.1.any Service;

     2.2.the Site or App;

     2.3.any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),

Except, to the extent permitted, with the prior written consent of SunshineOnline or unless expressly permitted in these Terms of Use.

1.Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Sunshine Online. 

2.The Site, App and all Content are the copyrighted work of SunshineOnline or our content or software providers, and SunshineOnline reserves and retains all rights in the Site, App and Content.

3.You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or SunshineOnline in writing.

4.You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

Account Information

1.To access certain parts of the Site, App or Services, you will be required to sign-up for an account with SunshineOnline (“Account”) and select a user name ("User Name") and password ("Password").

2.You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.  You agree not to:

     2.1.Share or permit others to use your Account or Password; or

     2.2.Assign or transfer your Account to any other person or entity.

3.You shall be bound by and responsible for all communication and online activity transmitted or conducted through the use of your Account. SunshineOnline shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or connection with the wrongful or fraudulent use of your account, or loss theft, or unauthorised disclosure of your Password, please promptly notify us at: (enter help page from SunshineOnline). You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity

4.Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

5.Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.

6.Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

     6.1.Cancel any orders placed through such Account(s);

     6.2.Cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;

     6.3.Prohibit such Account(s) or persons from participating in any promotions, contest or surveys of SunshineOnline; and/or

     6.4.Merge, suspend and/or terminate Account(s).

Order, Pricing & Payments

1.Delivery Areas (need to change depending on our online website)

At present, SunshineOnline delivers to most areas in Penang Island, but not certain areas. To find out if SunshineOnline delivers to your area, please click here (add delivery availability)

You may also contact us at (ecomm@suiwah.com.my) to check on our delivery coverage. SunshineOnline will only process and accept orders within our delivery coverage.

1.Orders

     1.1.All order maybe by you shall be deemed to be an offer made by you to purchase the selected products(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by SunshineOnline. Processing of payment for an order shall not in itself constitute acceptance of the order by SunshineOnline, provided that where an order for any product(s) is rejected or cancelled by SunshineOnline, any payment made for such order shall be reversed or refunded by SunshineOnline in accordance with our prevailing refund policy at such time.

     1.2.All orders made by you are subject to stock availability. SunshineOnline reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any products is out of stock, damaged or spoilt, or unavailable for any other reason. SunshineOnline reserves the right to limit your order or the quantity of a particular product you may order.

2.Product Information, Pricing and Payment

     2.1.SunshineOnline endeavours to provide you with accurate and up to date pricing, products and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided all be accurate, reliable, current, error-free, updated, or complete. You agree that SunshineOnline shall not be liable for any errors in the pricing and products or promotional information listed on our Site, App or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site, App or through our Services. If a product offered by SunshineOnline itself is not as described, your sole remedy is to return it in   unused condition.

     2.2.Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

          2.2.1.In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

          2.2.2.In the event of any overpayment, we will reserve or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

          2.2.3.All product prices are shown in Malaysian Ringgit and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

     2.3.Payment for all orders shall be made in Malaysian Ringgit.

     2.4.We accept payment for orders by E-Banking, MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. SunshineOnline is unable to accept paper checks, food stamps, or third-party coupons.

     2.5.By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

Promotions, Voucher Code and other Privileges and Programmes

1.From time to time SunshineOnline may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the site and are hereby incorporated by reference into these Terms of use.

2.Promotions, contest, privileges, and programmes are only valid for the time period specified by SunshineOnline and while stock last basis. No compensation or cash will be offered in the event that promotion is no longer in stock.

3.The following terms shall apply to the use of credit, vouchers, coupons and codes (“Voucher Codes”)

     3.1.Each Voucher Code is only eligible for a single use and is only valid for the time specified by SunshineOnline.

     3.2.Vouchers Code may only be redeemed by purchasing certain products from SunshineOnline during the applicable validity period. Unless otherwise stated, Voucher Codes will apply on certain listed on the Voucher Code.

     3.3.Use of any Voucher Code must be indicated at the time of checkout, and all information required by SunshineOnline must be provided. No retroactive use of the Voucher Code is permitted.

     3.4.Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated,

     3.5.A minimum spend may be required before use of the Voucher Code is permitted.

     3.6.Voucher Codes cannot be refunded, redeemed or exchanged for cash.

     3.7.Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by SunshineOnline, may be purchased by you and given to others.

     3.8.No reproduction, alteration, adaptation, tampering, distributing, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

     3.9.Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

     3.10.SunshineOnline reserve the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

     3.11.SunshineOnline reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.

4.Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.

5.Where you are permitted to return any product to SunshineOnline for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.  If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, SunshineOnline may charge the delivery fee and/or the full value of the order without the promotion.

6.SunshineOnline’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

7.SunshineOnline reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

Deliveries & Return

1.Deliveries

      1.1.Delivery slots are subject to availability

      1.2.Bulk orders may be subjected to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 30 units, unless otherwise stated in writing by SunshineOnline.

     1.3.SunshineOnline will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factor outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that SunshineOnline shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.

     1.4.Please notify SunshineOnline immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of RM10. 

     1.5.SunshineOnline uses proprietary cooling systems to maintain the quality and integrity of your products. To maintain the integrity of products after delivery,  we recommend that you immediately refrigerate or free perishable items.

      1.6.SunshineOnline aims to provide our customers more options for receiving their orders. For certain deliveries, SunshineOnline provides the option for having your orders left at your doorstep as an “Unattended Delivery”. Please note that some orders won't be eligible for Unattended Delivery and no one is available to accept delivery of the order, the Driver will leave you order unattended on or in front of your premises. While we encourage you to retrieve your groceries as soon as possible once delivered, our packaging is designed to maintain the correct temperature of your products for up to 1 hour after the end of your delivery window. Where you specifically instruct SunshineOnline to leave your delivery outside the door of the specified delivery address, such delivery (including unattended alcohol) shall be at your sole risk and you accept all liability and risk of loss, theft, and damage.  For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.

     1.7.If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 21 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. SunshineOnline reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 21 years old, and to charge the Customer an additional re-delivery fee of RM10.00.  SunshineOnline also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.  You agree that if any applicable legal requirements for the delivery of alcohol are not met, SunshineOnline reserves the right to cancel the alcohol-related portion of your order.          

      1.8.If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, SunshineOnline reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total dollar value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of RM 10.00

      1.9.SunshineOnline delivers case sizes of a variety of different goods, including laundry detergent, beverages, rice, etc.  Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site.  Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) about the 5th floor, or deliver more than 3 cases of beverages about the 4th floor.  In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors.  Our technology cannot, and does not, enforce these limits.  We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements.  Again this limitation exists only to protect the health of our delivery staff.  We appreciate your understanding and cooperation.

2. Returns

      2.1.We ask that you please check your order upon delivery. If you’re not completely happy with your fresh or perishable products, let us know within 48 hour from your delivery time and we’ll give you a full refund. If there is any damaged or incorrect grocery product(s) (including delivery of additional product(s) not ordered by you), please contact us within 7 days of your delivery date at (ecomm@suiwah.com.my) or call us at (04-6434900).  SunshineOnline at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

      2.2.We ask that all returned products are not used or expired, and in the original box and/or packaging. SunshineOnline reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where SunshineOnline exercises its right to inspect the Product, SunshineOnline’s decision in respect of such returned products shall be deemed final and binding on you.

Intellectual Property

1.The copyright, patents, trade marks, registered design and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with SunshineOnline and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with SunshineOnline for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SunshineOnline is strictly prohibited. You acknowledge that SunshineOnline and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. SunshineOnline reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from SunshineOnline.

2.The trademarks, logos and service marks (“Marks”) displayed on this Site or App are the property of SunshineOnline and other third parties, and all rights to the Marks are expressly reserved by SunshineOnline and relevant third parties. You are not permitted to use the name of SunshineOnline or any marks, including in any advertising or publicity or as hyperlink, without the prior written consent of SunshineOnline or such third party.

3.The domain name on which the Site is hosted on is the sole property of SunshineOnline and you may not use or otherwise adopt a similar name of your own use.

Comments, Feedback, and Other Information

1.You may provide or submit comments, feedback, suggestion and other content or information (collectively,”comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  SunshineOnline reserves the right (but not the obligation) to review, remove or edit such content.

2.You hereby grant SunshineOnline a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as SunshineOnline may require at its sole discretion.  You further agree that SunshineOnline may use and publish your name in connection with such Comments.

3.If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site or App, please contact us at (sunshineonline help website page)

Disclaimers & Limitations

1.While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, SunshineOnline disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, SunshineOnline does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device.  SunshineOnline does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.

The Site, App, and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services.  Your use of the Site, App, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.

1.You agree that:

     1.1.SunshineOnline shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason: and

     1.2.Access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical other errors:

     1.3.SunshineOnline’s Site, App, and Service may be subjected to limitations, delays, and other problems inherently and in any such event, SunshineOnline shall not be liable for any loss, liability or damage, which may be incurred as a result.

2.In no event shall SunshineOnline be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device.  In the event that SunshineOnline is liable for damages despite the foregoing provision, you agree that SunshineOnline’saggregate liability to you for any and all causes of action in relation to:

      2.1.any order, sale or delivery of any product by SunshineOnline under these Terms of Use shall not exceed the price of the product giving rise to such claims; and

      2.2.in all other cases (including any use of the Site, App or Services), shall not exceed RM 1.

3.In no event shall SunshineOnline be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if SunshineOnline or a SunshineOnline authorised representative has been advised of, or should have foreseen, the possibility of such damages.

4.You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by SunshineOnline at either reasonable costs or no costs to you.

Linked Sites

1.SunshineOnline may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users.  SunshineOnline has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites.  SunshineOnline does not endorse, recommend or guarantee any of the Linked Sites, and SunshineOnline expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

Security & Privacy

1.SunshineOnline recognises the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Security & Privacy Policy (add in sunshine website into here)

2. Please do not submit any personal information or data without first reading our Security & Privacy Policy (SunshineOnline website information) which explains our data use and privacy practices in detail.

Suspension and Termination

1.You agree that SunshineOnline has the right in its sole and absolute, discretion and without notice or liability to:

     1.1.Restrict, suspend, or terminate your access to all or any part of the Site, App and Services; and/or

     1.2.Terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account.

     without assigning any reason.

2.Without prejudice to generality of the above, SunshineOnline reserves the right to deactivate your Account if it has been inactive for a period of 3 years or more , or if you are in breach of any of our Terms of Use.

Notification of Infringement

1.SunshineOnline reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Service or Content (“Infringing material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify SunshineOnline in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act 1987 (Act 332)(“Infringement Notice”)

     1.1.All infringement notices shall be sent to SunshineOnline addressed as follows:

     1.2.Add Sunshine Address

2.SunshineOnline will duly consider all Infringement Notices submitted in the above manner. In return you agree that you shall not take any legal action or exercise any legal remedy you may have against SunshineOnline in respect of any Infringing Material, unless you have first given SunshineOnline the Infringement Notice and sufficient opportunity to remove the Infringing Material within a reasonable time. Where SunshineOnline removes the Infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SunshineOnline under applicable law which you may have in respect of any Infringing material appearing on the Site prior to such removal by SunshineOnline.

3.You acknowledge and agree that SunshineOnline has no control and cannot undertaken responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

Jurisdictional Issues

1.The Site, App and Service are meant for use by residents of Malaysia only. SunshineOnline makes no representation that Service and Contents of the Site or App are appropriate or available for use in your location Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws

Indemnity

1.You agree to indemnify and hold SunshineOnline, and its officers, agents partners and employees harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

     1.1.Any Use of the Site, App or any Service;

     1.2.Your connection to the Site or App;

     1.3.Your breach of any terms and conditions of these Terms of Use;

     1.4.Your violation of any rights of any third party, including providers of courier services arranged via the Site, App, or any Service;

     1.5.Your violation of any rights of another person or entity; or

     1.6.Your breach of any statutory requirement, duty or law

Severability

1.If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

Relationship Parties

1.Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between SunshineOnline and you and neither party shall have any authority to bind the other in any way.

Waiver

1.No waiver of any rights or remedies by SunshineOnline shall  be effective unless made in writing and signed by the authorised representative of Sunshine Wholesale Mart Sdn.Bhd

2.A failure by SunshineOnline to exercise or enforce any rights conferred upon us by Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Force Majeure

1.No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

2.For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use.  Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

Applicable Law and Jurisdiction

1.These Terms of Use shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

Arbitration

1.Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.