Term Conditions Page
Brief introduction
Welcome to HelloPanda platform ("Website"). Before using this website or opening a HelloPanda account ("Account"), please carefully read the following terms of service to understand your legal rights and obligations towards HelloPanda Mobile Malaysia Sdn. Bhd. Bhd. (company registration number 201501009497 (1134832-W)) and its affiliated companies and subsidiaries (individually and collectively referred to as "HelloPanda", "we", "us" or "our"). The "services" we provide or offer include (a) this website, (b) this website and the services provided through the HelloPanda client software provided through this website, and (c) all information, link pages, features, data, text, images, photos, graphics, music, sound, video (including live broadcasts), messages, tags, content, programming, software, application services (including but not limited to any mobile application services) or other materials provided through this website or its related services ("Content"). Any new features added to or enhanced services are also subject to these terms of service. These terms of service govern your use of the services provided by HelloPanda.
1.2 Services include online platform services that provide venues and opportunities for the sale of goods between the buyer ("Buyer") and the seller ("Seller") (collectively referred to as "you", "user" or "parties"). The actual sales contract is directly signed between the buyer and seller, and HelloPanda is not a party to this contract or any other contract between the buyer and seller, and does not assume any obligations related to any such contract. The parties involved in such transactions will be fully responsible for the sales contract, product list, purchase guarantee, etc. between them. HelloPanda does not participate in transactions between users. HelloPanda may or may not pre screen users or user provided content or information. HelloPanda reserves the right to delete any content or information you post on the website in accordance with Article 6.4 herein.
1.3 Before becoming a user of this website, you must read and accept all terms and conditions in these Terms of Service, as well as all terms and conditions related to these Terms of Service, and you must agree to process your personal data in accordance with the instructions in the Privacy Policy linked here.
1.4 HelloPanda reserves the right to change, modify, suspend or terminate all or any part of this website or service at any time or upon notice in accordance with local legal requirements. HelloPanda may release certain services or their features in beta versions, which may not function properly or run in the same way as the final version, in which case we assume no responsibility. HelloPanda may also decide to restrict certain features or restrict your access to part or the entire website or service at its own discretion, without prior notice or liability.
1.5 HelloPanda reserves the right to refuse access to its website or services or allow you to open an account for any reason.
By using HelloPanda services or opening an account, you irrevocably accept and agree to the terms of this agreement, including the additional terms and conditions and policies referenced and/or linked here.
If you do not agree to these terms, please do not use our services or access the website. If you are under the age of 18 or the legal age to agree to this agreement under applicable laws in your country/region ("Legal Age"), you must obtain permission from your parents or legal guardians to open an account, and the parents or legal guardians must agree to the terms of this agreement. If you are unsure whether you have reached legal age or do not understand this section, please do not create an account until you seek assistance from your parents or legal guardian. If you are the parent or legal guardian of the minor who created the account, you must accept the terms of this agreement on behalf of the minor, and you will be responsible for all company services that use the account or use the account,
2. Privacy
2.1 Your privacy is very important to us at HelloPanda. In order to better protect your rights, we have provided HelloPanda's privacy policy to explain in detail our privacy practices. Please review the privacy policy to understand how HelloPanda collects and uses information related to your account and/or your use of the service ("User Information"). By using the service or providing information on the website, you:
(i) Agree to HelloPanda's collection, use, disclosure, and/or processing of your content, personal data, and user information, as described in the privacy policy;
(ii) Agree and acknowledge that the ownership of your user information is jointly owned by you and HelloPanda; and
(iii) Without prior written consent from HelloPanda, you shall not directly or indirectly disclose your user information to any third party, or allow any third party to access or use your user information in any other way.
2.2 Users who acquire personal data of other users through the use of the service ("Recipient") hereby agree that they will (i) comply with all personal data protection laws applicable to any such data; (ii) Allow users whose personal data has been collected by the receiving party (the "Disclosing Party") to delete their collected data from the receiving party's database; (iii) In each case of (ii) and (iii) above, allow the disclosing party to review what information the receiving party has collected about them in accordance with applicable laws and as required by applicable laws.
3. Limited License
3.1 HelloPanda grants you a limited and revocable license to access and use the services in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property rights ("Intellectual Property") displayed on this website are the property of HelloPanda and the third-party owners identified on this website (if applicable). Neither party accessing this website directly or indirectly grants any right or license to use or copy any intellectual property rights, and neither party accessing this website shall claim any rights, ownership, or interests therein. By using or accessing the service, you agree to comply with copyright, trademark, service mark, and all other applicable laws protecting the service, website, and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly execute, modify, adapt, rent, sell, or create any derivative works of the service, website, or any part of its content. Without our prior written consent, you may not mirror or structure any part or all of the content of this website on any other server or as part of any other website. In addition, you agree that without our prior written consent, you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content (such consent is deemed to be the standard search engine technology used by Internet search websites) to guide Internet users to visit this website). Mirror or construct any part or all of the content of this website on any other server or as part of any other website. In addition, you agree that without our prior written consent, you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content (such consent is deemed to be the standard search engine technology used by Internet search websites) to guide Internet users to visit this website). Mirror or construct any part or all of the content of this website on any other server or as part of any other website. In addition, you agree that without our prior written consent, you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content (such consent is regarded as the standard search engine technology used by Internet search websites) to guide Internet users to visit this website.
3.2 Welcome to link from your website to this website, provided that your website does not imply any endorsement or association with HelloPanda. You acknowledge that HelloPanda may, at its sole discretion, cease providing some or all of its services at any time without prior notice.
4. Software
4.1 Any software we provide to you as part of our services is subject to these Terms of Service. HelloPanda reserves all rights to the software not explicitly granted by HelloPanda under this agreement. Any third-party scripts or code linked or referenced to the service are authorized to you by a third party who owns such scripts or code, not HelloPanda.
5. Account and Security
5.1 Some features of our services require registering an account by selecting a unique user ID and password, as well as providing certain personal information. If the user ID you choose is unilaterally deemed offensive or inappropriate by HelloPanda, HelloPanda has the right to suspend or terminate your account. You may be able to use your account to access other products, websites, or services that we have enabled or bundled or partnered with. HelloPanda does not review any third-party content, features, security, services, privacy policies, or other practices of these products, websites, or services, and assumes no responsibility. If you do so, the terms of service for these products, websites, or services, including their respective privacy policies,
5.2 You agree to (a) keep your password confidential and only use your user ID and password when logging in, (b) ensure that you log out of your account at the end of each session on this website, (c) immediately notify HelloPanda of any unauthorized use of your account, user ID, and/or password, and (d) ensure that your account information is accurate and up-to-date. You are fully responsible for all activities that occur under your user ID and account, even if such activities or uses are not your responsibility. HelloPanda is not responsible for any loss or damage caused by unauthorized use of your password or your failure to comply with this section.
5.3 You agree that HelloPanda may, for any reason, immediately suspend, freeze or terminate your account and user ID, delete or discard any related content from the website using your account and user ID, revoke any subsidies provided to you, cancel any transactions related to your account and user ID, permanently withhold any sales proceeds or refunds in temporary or more serious cases, and/or take any other action deemed necessary by HelloPanda The reasons for such behavior may include, but are not limited to, actual or suspected (a) prolonged inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior, (d) possession of multiple user accounts, (e) purchase of products on this website for commercial resale purposes, (f) abnormal or excessive purchase of products from the same seller or related seller groups, (g) voucher abuse (including but not limited to selling vouchers to third parties, selling vouchers or other credits at a higher price than face value, and/or abnormal or excessive use of vouchers on the website), or (h) misuse of vouchers by other users, third parties, or Pand The commercial interests of Online Mall. Using the account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be submitted to law enforcement agencies without notifying you. If for any reason there is a legal dispute or enforcement action related to your account or your use of the service,
5.4 If the user writes in writing (including through email to) help@support.HelloPanda.com.my ）Notify HelloPanda that they wish to do so, and the user may terminate their account. Despite any such termination, the user shall remain responsible for any incomplete transactions (whether initiated before or after such termination), transportation of products, payment for products, etc., and the user must promptly contact HelloPanda and effectively execute and complete all outstanding transactions in accordance with the terms of service. HelloPanda assumes no responsibility and is not liable for any damages caused by actions taken under this section. The user waives any and all claims based on HelloPanda for any such actions taken.
5.5 If you are located in one of the approved countries that we update from time to time, you can only use the service and/or open an account.
6. Terms of Use
6.1 The license to use this website and services shall remain valid until terminated. This license will terminate in accordance with the provisions of these Terms of Service, or if you fail to comply with any terms or conditions of these Terms of Service. In any such case, HelloPanda may implement such termination with or without notice to you.
6.2 You agree not to:
(a) Upload, publish, transmit, or otherwise provide any illegal, harmful, threatening, abusive, harassing, frightening, painful, infringing, defamatory, vulgar, obscene, defamatory, infringing upon the privacy of others, hateful, or racially offensive content that is racially or otherwise offensive;
(b) Violating any laws, including but not limited to any laws and regulations related to import and export restrictions, third-party rights, or our prohibited and restricted goods policies;
(c) Upload, publish, transmit or otherwise provide any content featuring unsupervised minors, or use the service to harm minors in any way;
(d) Using services or uploading content to impersonate any individual or entity, or otherwise distorting your relationship with an individual or entity;
(e) Falsifying titles or manipulating identifiers in other ways to disguise the source of any content transmitted through the service;
(f) Remove any ownership statement from the website;
(g) Without explicit permission from HelloPanda, causing, allowing or authorizing the modification, creation of derivative works or translation services;
(h) Any use of the services for the benefit of any third party or in any way not permitted by the license granted under this agreement;
(i) Using services or uploading content in a fraudulent, unreasonable, false, misleading, or deceptive manner;
(j) Opening and/or operating multiple user accounts due to any violation of the letter or spirit of these Terms of Service;
(k) Using simulators, emulators, robots, or other similar hardware or software to access the HelloPanda platform, open user accounts, or otherwise access your user account;
(l) Manipulate the price of any item or disrupt other users' lists;
(m) Take any action that may disrupt the feedback or rating system;
(n) Attempting to decompile, reverse engineer, disassemble, or crack the service (or any part thereof), or to disrupt or overcome any encryption techniques or security measures implemented by HelloPanda for the service and/or data transmitted, processed, or stored by HelloPanda;
(o) Obtain or collect any information about other account holders, including but not limited to any personal data or information;
(p) Upload, send via email, publish, transmit or otherwise provide any content that you are not authorized to provide under any law, contract or trust relationship (such as internal information, proprietary and confidential information obtained or disclosed as part of an employment relationship or confidentiality agreement);
(q) Upload, send emails, publish, transmit or otherwise provide any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of either party;
(r) Upload, send emails, post, transmit, or otherwise provide any unauthorized advertising, promotional materials, "junk mail," "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
(s) Upload, email, post, transmit, or otherwise provide any material containing software viruses, worms, Trojan horses, or any other computer code, routines, files, or programs intended to directly or indirectly interfere with, manipulate, interrupt, or disrupt the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) Disrupting the normal conversation flow, causing the screen to "scroll" faster than the typing speed of other service users, or negatively affecting the ability of other users to communicate in real-time in other ways;
(u) Interfering with, manipulating, or disrupting the use and enjoyment of the service or the servers or networks connected to the service, or any other user's use and enjoyment of the service, or failing to comply with any requirements, procedures, policies, or regulations of the network connected to this website;
(v) Take any action or engage in any behavior that may directly or indirectly harm, disable, burden excessively, or damage the service or the servers or networks connected to the service;
(w) Intentionally or unintentionally violating any applicable local, state, national or international laws, rules, guidelines, directives, guidelines, policies or regulations, including but not limited to laws and requirements (whether or not legally effective), related to anti money laundering or counter-terrorism when using the service;
(x) Using the service to violate or circumvent any sanctions or embargoes imposed or enforced by the Office of Foreign Assets Control of the United States Treasury, the United Nations Security Council, the European Union, or the UK Treasury;
(y) Using services to violate the privacy of others or "track" or harass others in other ways;
(z) Infringement of HelloPanda's rights, including any intellectual property and any counterfeiting thereof;
(aa) Use the service to collect or store personal data of other users related to the prohibited behaviors and activities mentioned above; And/or
(bb) List projects that infringe third-party copyrights, trademarks, or other intellectual property rights, or use services in a way that infringes on the intellectual property rights of others.
(cc) Guide or encourage other users to conduct transactions outside of this website.
6.3 You are aware that all content, whether publicly released or privately transmitted, is solely the responsibility of the source of such content. This means that you (not HelloPanda) are fully responsible for all content uploaded, published, emailed, transmitted, or otherwise provided through this website. You understand that by using this website, you may come into contact with content that you find offensive, indecent, or offensive. To the maximum extent permitted by applicable law, HelloPanda shall not be liable for any content under any circumstances, including but not limited to any errors or omissions in any content, or any loss or damage of any kind resulting from the use or reliance on any content posted on the website, sent via email, transmitted, or otherwise provided.
6.4 You acknowledge that HelloPanda and its designated personnel have the right (but not the obligation) to pre screen, reject, delete, stop, pause, remove or move any content, including but not limited to any content available on the website by you, and shall not be liable to you. Without limiting the above provisions, HelloPanda and its designated personnel have the right to delete (i) any content that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) If we receive complaints from other users; (iii) If we receive notifications or allegations of intellectual property infringement or other legal instructions or deletion requests; Or (iv) if such content is otherwise offensive. We may also prevent the transmission of communications (including but not limited to status updates, posts, messages, and/or chats) as part of our efforts to protect our services or our users, or otherwise enforce the provisions of these terms and conditions. You agree that you must evaluate and assume all risks associated with the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and shall not, to the maximum extent permitted by applicable law, rely on any content created or submitted to HelloPanda, including but not limited to information websites in HelloPanda forums and all other sections. And bear all risks related to the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and shall not, to the maximum extent permitted by applicable law, rely on any content created or submitted to HelloPanda, including but not limited to information websites in HelloPanda forums and all other sections. And bear all risks related to the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and shall not, to the maximum extent permitted by applicable law, rely on any content created or submitted to HelloPanda, including but not limited to information websites in HelloPanda forums and all other sections.
6.5 You acknowledge, agree, and consent that HelloPanda may access, store, and disclose your account information and content to any legal, regulatory, or governmental agency, relevant rights holder, or other third party (if required by law), court order, or lawful request from any government or regulatory agency with jurisdiction over HelloPanda, or in good faith, consider such access protection or disclosure to be reasonably necessary for: (a) compliance with legal procedures; (b) Implement these Terms of Service or our Prohibited and Restricted Items Policy; (c) Respond to any claims of infringement of third-party rights (including intellectual property) by any content; (d) Responding to your customer service requests; (e) Protect the rights, property, or personal safety of HelloPanda, its users, and/or the public.
7. Violation of our terms of service
7.1 Violation of this policy may result in a series of actions, including but not limited to any or all of the following:
• List deletion
• Restrictions on account permissions
Account suspension and subsequent termination
• Criminal charges
Civil litigation, including but not limited to claims for damages and/or temporary or injunctive relief
7.2 If you believe that users on our website have violated these terms of service, please contact help@support.HelloPanda.com.my .
8. Report intellectual property infringement
8.1 As mentioned above, HelloPanda does not allow the publication of goods that infringe on the intellectual property rights of the brand or other intellectual property owners ("IP Owners").
8.2 Unless otherwise specified, users are independent individuals or businesses and have no affiliation with HelloPanda. HelloPanda is neither the user's agent nor the user's representative, and does not hold and/or own any products listed on the website. Location.
8.3 If you are an intellectual property owner or an authorized agent of an intellectual property owner ("Intellectual Property Agent") and you believe that your rights or the rights of your principal have been infringed, please support your claim by submitting an Intellectual Property (IPR) form and providing us with the following required documents. Please allow us time to process the information provided. HelloPanda will respond to your complaint as soon as possible.
8.4 Complaints filed under this Article 8 must be provided in the form specified by HelloPanda, which may be updated from time to time and must include at least the following: (a) physical or electronic signature of the intellectual property owner or intellectual property agent (collectively, "informant"); (b) A description and proof of the type and nature of intellectual property rights suspected of infringement; (c) Provide a description of the nature of the alleged infringement and sufficient detailed information to enable HelloPanda to evaluate the complaint (d), including the URL of the list of suspected infringements; (e) Information sufficient for HelloPanda to contact the informant, such as the informant's actual address, phone number, and email address; (f) The whistleblower declares that the complaint was made in good faith and that the use of the intellectual property identified by the whistleblower was not authorized by the intellectual property owner or the law; (g) The information in the whistleblower's declaration notice is accurate, and the whistleblower will compensate us for any damages we may suffer as a result of the information provided by the whistleblower. The whistleblower has appropriate rights or is authorized to handle all matters related to the complaint on behalf of the intellectual property owner.
HelloPanda acknowledges that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertising price agreements for their products. However, violating such agreements does not constitute an infringement of intellectual property rights. As the execution of these agreements is a matter between manufacturers and sellers, HelloPanda does not assist in such execution activities, nor does it exercise exclusive distribution rights or price control matters, unless allocated in countries with specialized management selectivity or exclusive laws.
8.6 Each seller agrees that HelloPanda and its affiliates shall not be liable for any claims, causes of action, damages, or judgments arising from any intellectual property infringement claims or the deletion of any content or product listings related to them.
9. Purchase and Payment
9.1 HelloPanda supports one or more of the following payment methods in each country/region where it operates:
(i) Credit card
Card payments are processed through third-party payment channels, and the types of credit cards accepted by these payment channels may vary depending on your jurisdiction.
(ii) Cash on Delivery (COD)
HelloPanda offers cash on delivery services in selected countries/regions. After receiving the purchased goods, buyers can directly pay cash to the delivery agent.
(iii) Bank transfer
The buyer may make payment to our designated HelloPanda escrow account (as defined in Article 12) through an automated teller machine or online banking transfer ("bank transfer"). The buyer must provide a transfer receipt or payment transaction reference to HelloPanda through the "Upload Receipt" function in the HelloPanda application as payment confirmation. If HelloPanda does not receive payment confirmation within three (3) days, the buyer's order will be cancelled.
(iv) Installment purchase plan
For orders exceeding RM 500, buyers can make installment payments. Installment payments are processed through third-party channels. The banks currently supporting installment payment plans are Maybank and Public Bank.
(v) Deferred payment using SPayLater service (if applicable)
The buyer can use the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd. to make deferred payments for eligible orders. Limited Company ("SeaMoney"). In order to provide SPayLater services, SeaMoney will sign accounts receivable purchase arrangements with qualified sellers, so that the seller can sell the buyer's accounts receivable to SeaMoney in exchange for SeaMoney's payment.
9.2 The buyer can only change their preferred payment method for the purchase before payment.
9.3 HelloPanda shall not be liable for any loss or damage caused to the buyer due to the transportation and/or payment information entered by the buyer or the buyer's incorrect remittance of payment for the purchased goods. We reserve the right to check if the buyer has been officially authorized to use certain payment methods, and may suspend the transaction until such authorization is confirmed, or cancel the relevant transaction if such confirmation cannot be obtained.
10. Seller Wallet
10.1 Your account allows the storage of funds received from sales revenue on the platform ("Seller Wallet"). The total amount of this money minus any withdrawals will be reflected as your seller wallet balance.
10.2 You may submit up to one transfer request ("Withdrawal Request") per day to transfer funds from your seller wallet (not exceeding your HelloPanda wallet balance) to your associated bank account ("Associated Account"). According to HelloPanda's decision, HelloPanda can also automatically transfer funds from your seller wallet to your associated account on a regular basis. HelloPanda can only process such transfers on business days, and it may take up to two business days for them to be credited to your associated account.
10.3 The seller has the right to receive one (1) free withdrawal request per week ("Weekly Withdrawal Limit"). For each additional withdrawal request exceeding the weekly withdrawal limit, HelloPanda may charge a fee of RM0.12 ("Withdrawal Fee"). The withdrawal fee is subject to Sales and Service Tax (SST). HelloPanda may decide to change the weekly withdrawal limit and withdrawal fees at its own discretion.
10.4 The payment for selling goods on HelloPanda should be credited to your seller's wallet within three (3) days after the goods are delivered to the buyer or immediately after the buyer confirms receipt of the goods.
Once submitted, you are not allowed to modify or cancel the withdrawal request.
10.6 If an error occurs during any transaction processing, you authorize us to make a debit or credit entry to your designated bank account to correct the error, provided that any such correction complies with applicable laws and regulations. If for any reason we are unable to make a deduction from the bank account you have specified, you authorize us to resubmit the deduction and any applicable fees to any other bank account or payment instrument you have filed with us, or deduct the deduction and applicable fees from your seller wallet in the future. If for any reason we are unable to credit your alternative account, we reserve the right to process or dispose of such funds in accordance with applicable laws, including submitting such funds to the Unclaimed Funds Registry (Jabatan Akautan Negara Malaysia) in accordance with the requirements of the Malaysian Unclaimed Funds Act. In this case, you can directly recover your unclaimed funds from the registration service provider, minus any fees or charges that may be levied, without further recourse to us.
10.7 You authorize us to make debit or credit entries to your seller wallet:
(i) Correct any errors in transaction processing;
(ii) HelloPanda determines that you have engaged in fraudulent or suspicious activities and/or transactions;
(iii) Related to any lost, damaged, or incorrect item;
(iv) Related to any reward or rebate;
(v) Related to any unpaid fees;
(vi) Related to resolving any transaction disputes, including any compensation due to or from you;
(vii) Related to any prohibited items or items detained by customs;
(VIII) Related to any change of mind agreed upon by both the buyer and seller;
(ix) recover any outstanding amounts owed by you to us (including late fees and/or interest);
(x) Purchase advertising points when you have activated the advertising point recharge function and your advertising points are below the minimum amount of your advertising points.
10.8 We reserve the right to restrict, freeze, or suspend your seller wallet for any reason, including failure to repay outstanding amounts owed to us by the due date.
