Welcome to the eRomman.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, ZawiaJaya Technologies Sdn Bhd , and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. "eRomman or Romman" means ZawiaJaya Technologies Sdn. Bhd., a company incorporated in Malaysia under registration number 1156140-U and having its business address at No. 619, Suite 604, Level 8, Office Retail Block, Pavilion, Jalan Bukit Bintang, 55100, Kuala Lumpur, Malaysia. Romman is subsidiary totally owned by ZawiaJaya Technologies Sdn Bhd , a company registered in Malaysia. International credit card payments that you make through the site will be processed by our payment service provider. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
- Eligibility for Membership
eRomman.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of eRomman.com under this User Agreement or at law, eRomman.com reserves the right to limit or withdraw access to the Site or the membership of any person if eRomman.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by eRomman.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
- Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify eRomman.com of any unauthorised use of your password or account or any other breach of security. In no event will eRomman.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse eRomman.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
- You will provide true, accurate, current and complete information about yourself as prompted by eRomman.com's registration form (the "Registration Data").
- You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "Romman" in your registration user ID.
- Your store name shall not include the word "Romman".
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if eRomman.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of eRomman.com under this User Agreement or at law, eRomman.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
eRomman.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to eRomman.com upon such requests. You acknowledge and agree that if you do not, eRomman.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. eRomman.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that eRomma.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that eRomman.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
- Fees and Services
eRomman.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. eRomman.com does not charge any fee for browsing, bidding and buying listed items on the Site. eRomman.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.
Sellers must pay all fees due and payable to eRomman.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from eRomman.com by submitting an online no-sale claim.
Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site.
eRomman.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
In case of non-payment of fees and/or any applicable taxes and charges by you to eRomman.com, without prejudice to any other rights and remedies of eRomman.com under this User Agreement or at law, eRomman.com without liability reserves the right to:
- issue you with a warning regarding the non-payment in question.
- temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of eRomman.com issuing a warning to you.
- eRomman.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to eRomman.com
- for accounts over 30 days past due, deduct the amount owed from your My Wallet account balance (and you acknowledge and agree to eRomman.com doing so in these circumstances) and confirm the same to you by email.
- deduct from your My Wallet.
- invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).
- take any steps eRomman.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
- Order Acceptance And Pricing
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST will be implemented in Malaysia at the rate of 6%. Prices of Items and services provided by ZawiaJaya Technologies Sdn Bhd, will include GST where applicable.
- Your Information
- Use of the Site
While using the Site, you will not:
- post Information or content or list items in an inappropriate category or areas on our Site;
- post items you do not have a right to link to or include;
- post items that are concurrently listed for sale on a website other than the Site;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
- post counterfeit or stolen items;
- post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
- post Information or content or list items which may (in our sole discretion) threaten national security;
- post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
- use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- attempt to conclude transactions relating to an auction or offer for sale on the Site outside of the Site;
- use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
- claim an item was not sold when in eRomman.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
- manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, the billing process, or fees owed to eRomman.com;
- take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to eRomman.com);
- transfer your Site account (including feedback) and username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
- abuse eRomman.com's Shipping Policy , My Wallet Policy , Listing Policy , or any of eRomman.com's other policies or terms and conditions posted on the Site from time to time;
- directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
- securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
- living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
- weapons of any description;
- liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
- religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
- antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
- used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
- items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
- any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
- fresh food;
- non-transferable vouchers; and chemicals.
- you are 18 years of age or over the age of 18 years;
- if you are a corporate representative, you have authority to bind the corporate entity;
- you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
- you will inform eRomman.com of any postings, items or transactions which appear to be in violation of this User Agreement;
- you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
- information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
- you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of eRomman.com;
- you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
- you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
- you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either eRomman.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of eRomman.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
" eRomman.com" and related logos, and other words and logos on the Site (including without limitation "My Wallet") are either unregistered trademarks or registered trademarks of eRomman.com and are protected by international trademark and other intellectual property rights and laws. eRomman.com's trademarks may not be used in connection with any product or service that is not eRomman.com's nor in any manner that disparages or discredits eRomman.com. All other trademarks not owned by eRomman.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eRomman.com.
- Abusing eRomman.com
Please report problems of any kind or violations of this User Agreement to eRomman.com. If you believe that your intellectual property rights have been violated, please notify eRomman.com. Without prejudice to any other rights and remedies of eRomman.com under this User Agreement or at law, eRomman.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also eRomman.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- Buyer Protection:
eRomman.com has a "Romman Buyer Protection" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Romman Payment processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Romman Buyer Protection. The Romman Buyer Protection involves reimbursement by eRomman.com to the buyer of the value of the item only. To be eligible under the Romman Buyer Protection a buyer needs to file a complaint with eRomman.com within 48 hours of receiving (or not receiving) the relevant item. eRomman.com will investigate the matter and if it has been determined (by eRomman.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which eRomman.com has reimbursed the buyer, eRomman.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and eRomman.com may charge the seller for eRomman.com's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . eRomman.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to eRomman.com by a buyer is illegal or otherwise unlawful that eRomman.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
- Return item due to Seller's Fault (Item is not as described â€" item defective ... etc.)
- If the buyer claimed Within the 7 Days of the date of delivery
- Romman pays the Delivery Shipment Fees
- Seller Pays the Return Shipment Fees
- In case the submitted return request by customer is not approved by Romman and the customer rejected to receive back the unit, Romman has the right after 60 days from customer’s rejection date to dispose the item.
- If the buyer claimed after the 7 Days of the date of delivery ( *Only if returned approved )
-Buyer pays the Delivery Shipment Fees
-Seller Pays the Return Shipment Fees
-In case the submitted return request by customer is not approved by Romman and the customer rejected to receive back the unit, Romman has the right after 60 days from customer’s rejection date to dispose the item.
- Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. eRomman.com does not buy or sell items. eRomman.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold eRomman.com responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:
- eRomman.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with eRomman.com nor shall eRomman.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
- eRomman.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
- eRomman.com is not required to mediate or resolve any dispute or disagreement between users.
- eRomman.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
- eRomman.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, eRomman.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is eRomman.com a supplier or manufacturer of any items sold by users or purchased by users.
- eRomman.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
- The Site may include links to third party websites that are controlled by and maintained by others. eRomman.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that eRomman.com is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on the Site.
- Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and eRomman.com holds no responsibility in respect of such arrangements.
- eRomman.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- eRomman.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
- You release and indemnify eRomman.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
- Undeliverable Items
eRomman.com and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to eRomman.com to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to eRomman.com. Furthermore, eRomman.com is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
- Breach of User Agreement
Without prejudice to any other rights and remedies of eRomman.com under this User limit your activity, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If eRomman.com is unable to verify or authenticate any information you provide; or
- If eRomman.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or eRomman.com.
eRomman.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with eRomman.com or use the Site in any manner whatsoever until such time that such user is reinstated by eRomman.com. Notwithstanding the foregoing, if you breach this User Agreement eRomman.com reserves the right to recover any amounts due and owing by you to eRomman.com or any losses and damages caused by you to eRomman.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as eRomman.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of eRomman.com's right to take any actions with respect to that, or subsequent or similar breaches. eRomman.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
- Trademarks And Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
- Applicable Law And Jurisdiction These Terms and Conditions 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.
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.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of ZawiaJaya Technologies Sdn. Bhd., in operating the Site, your sole and exclusive remedy is to discontinue using the Site.