Terms and Conditions

Welcome to the moorah.co website and/or the Moorah mobile application. Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services. These Terms of Use outline the permitted and prohibited uses of the Platform.

If you are using the engagement tools provided by Moorah on Moorah’s websites and/or mobile applications, the Platform Engagement Tools Terms & Conditions shall apply.

If you are accessing, uploading, or viewing (1) livestream content; (2) content generated by you or any other users of the Platform (including a Seller); and (3) content generated by third parties hired by Moorah on the Platform, the Content Terms of Service shall apply.

If you are purchasing products on Moorah, the relevant Terms and Conditions of Sale will apply depending on the specific channel of purchase:

1. For products purchased through the Moorah, the Terms of Sale shall apply;

2. For Digital Goods, the Digital Vouchers & Gift Cards Terms and Conditions shall apply; or

3. For Moorah Wallet, the Moorah Wallet User Terms and Conditions shall apply.
   
   

Access to and use of password-protected and/or secure areas of the Platform and/or use of the Services are restricted to customers with registered accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of the Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. Breaching this provision may constitute an offense under the Computer Crimes Act 1997 of Malaysia.

If you are under 18 years old: You must obtain consent from your parent(s) or legal guardian(s), including their acceptance of these Terms of Use and their agreement to take responsibility for:

(i) your actions;
(ii) any charges associated with your use of the Services or purchase of products; and
(iii) your acceptance and compliance with these Terms of Use.

If you do not have this consent, you must stop using and accessing the Platform and the Services.

1. Definitions and Interpretation

1.1 Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 shall apply to these Terms of Use.

2. General Use of Services and/or Access of Platform

2.1 Guidelines for Using the Platform and/or Services:
You agree to comply with all guidelines, notices, operating rules, policies, and instructions pertaining to the use of the Services and/or access to the Platform, including any amendments issued by Moorah from time to time. Moorah reserves the right to revise these terms at any time. You are deemed to be aware of and bound by the changes upon their publication on the Platform.

2.2 Restricted Activities:
You agree and undertake NOT to:

(a) impersonate any individual or entity or falsely state your affiliation with one;
(b) use the Platform and/or Services for illegal or unlawful purposes;
(c) attempt to gain unauthorized access to any part of the Platform or Services, or interfere with their operation;
(d) post, promote, or transmit any Prohibited Materials;
(e) interfere with others’ use and enjoyment of the Platform or Services;
(f) use or upload software or materials containing viruses, malicious code, or harmful components that may damage the Platform or other users’ devices;
(g) use the Platform and/or Services in violation of acceptable use policies, internet standards, or applicable laws.

2.3 Platform and Service Availability:
Moorah may upgrade, modify, suspend, or discontinue the Platform or Services, in whole or in part, without notice. Moorah is not liable for any resulting access disruptions.

2.4 Right (But Not Obligation) to Monitor:
Moorah reserves the right, but is not obligated to:

(a) monitor, screen, or control any content on the Platform or Services;
(b) restrict or prevent access by any user;
(c) report suspected violations of law to authorities and cooperate with investigations;
(d) request information or data from users and act accordingly if inaccurate, misleading, or fraudulent information is suspected.

2.5 Privacy Policy:
Your use of the Services and access to the Platform are subject to the Moorah Privacy Policy, which is incorporated by reference.

2.6 Related Terms:
The Terms of Sale, Digital Vouchers & Gift Cards Terms, and Moorah Wallet User Terms are subject to these Terms of Use. If you use a voucher, the Voucher Terms & Conditions shall also apply.

2.7 Additional Terms:
Use of specific features, services, or materials on the Platform may be subject to additional terms and conditions, which will apply fully and take precedence in case of conflict.

3. Use of Services

3.1 Scope:
These additional terms in Clause 3 govern your specific use of the Services and supplement the rest of the Terms of Use.

3.2 Restrictions:
Only users of legal age with the capacity to enter into contracts under applicable laws may use the Services. Users previously suspended or in breach of these Terms of Use are not permitted to access the Services.

3.3 General Obligations:
You agree:

(a) to use the Services only in a lawful manner and in good faith;
(b) to ensure all data or information you provide on the Platform is accurate, and to take full responsibility for such information.

Moorah reserves the right to cancel or reject any use of the Services at its sole discretion, particularly if it suspects fraud or suspicious transactions.

3.4 Product Descriptions:
While Moorah strives to ensure accuracy, product descriptions may not always be accurate, complete, current, or error-free.

3.5 Product Pricing:
All listed prices are subject to applicable taxes unless otherwise noted. Prices may be updated at any time without prior notice.

3.6 Third-Party Vendors:
You acknowledge that third-party vendors, not affiliated with Moorah, may list and sell products on the Platform. Each sale agreement between you and a third-party vendor is an independent agreement. Third-party vendors may also use Moorah’s paid services to promote listings, which may be indicated with a "megaphone" icon.

4. Customers with Moorah accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:

(a) determined and issued to you by us; or

(b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform.

We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.

4.2 Biometric Verification Service: If your device supports fingerprint or facial recognition features, you may be able to set up these as your verification methods and use your fingerprint or face identification registered on a permitted mobile device in lieu of your Username and/or Password, or one-time pin (OTP) as a security code to confirm your identity to access the Platform and/or use of the Services (including for payment verification services) (“Biometric Verification”). You acknowledge and agree that in order to use the Biometric Verification:

(a) you must install our mobile application using a permitted mobile device. For the purposes of this Clause, a permitted mobile device shall be one that is deemed to be a “trusted device” that meets the security criteria determined by Moorah at its sole discretion from time to time;

(b) you will need to ensure that the fingerprint / facial recognition function is activated on your permitted mobile device and thus your facial identification or fingerprint for control access has been registered and stored in your permitted mobile device;

(c) you must ensure that only your face and/or fingerprint identification are stored in your permitted mobile device to access the device and you understand that upon activation of the Biometric Verification function in your account, any facial / fingerprint identification that is stored on your permitted mobile device will be used for purpose of the Biometric Verification and to access the Platform and/or Services under your account;

(d) you are responsible for the safety and security of your mobile device, the facial or fingerprint recognition function of your mobile device, and any facial or fingerprint identification information stored in your mobile device;

(e) by activating the Biometric Verification function in your Account, you hereby agree and authorize Moorah to access the facial / fingerprint identification function and data in your permitted mobile device, and you hereby consent to Moorah accessing and using such information to confirm your identity to access the Platform and/or for the provision of the Service(s) (including for payment verification purposes) under your account. Please note that Moorah does not collect, process or store your facial/ fingerprint information in the provision of this service;

(f) the facial / fingerprint authentication module of the permitted mobile device is not provided by Moorah, and we make no representation or warranty as to the security of the Biometric Verification function of any permitted mobile device and whether it works in the way that the manufacturer of the device represents;

(g) unless prohibited by applicable laws from excluding or limiting our liability, Moorah is not liable for any loss you incur in connection with the use or attempted use of the Biometric Verification, access to your Account or verification of any payment made by you using the Biometric Verification, or your instructions, or any unauthorised transactions through or in connection with the Biometric Verification service; and

(h) Moorah does not represent or warrant that the Biometric Verification service will be accessible at all times, or will function with any electronic equipment, software, infrastructure or other Services that we may offer from time to time. You may at any time still choose to access the mobile application using your Username and Password, and/or choose to deactivate the Biometric Verification service at any time via your mobile application once you are signed in.

(i) We reserve the right to revoke or suspend access to the biometric verification service for any User at its sole discretion, including but not limited to cases of suspected unauthorized use or security breaches.

4.3 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password (including any access using the Biometric Verification) shall be deemed to be, as the case may be:

(a) access to the relevant Platform and/or use of the Services by you; or

(b) information, data, or communications posted, transmitted, and validly issued by you.

Your Username, Password and facial or fingerprint identification are confidential information that cannot be shared with any party. We will always hold and assume that the use of your Username, Password and/or Biometric Verification is done by you alone and has the right to conclude that such utilization/activity is conducted or sent by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password, or Biometric Verification.

5. Intellectual Property

5.1 Ownership: The Intellectual Property in and to the Platform and the
Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

6. Refunds/Returns/Replacements

6.1 Returns Policy: All returns must be done in accordance with the instructions set out in the Moorah Returns Policy.

7. Questions and Complaints

7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform, or (ii) contact Moorah using the “Contact Us” page on the Platform, as applicable.

7.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Moorah reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8. Your Submissions and Information

8.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.

8.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy as set out on the Platform and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username, Password and/or Biometric Verification function. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Use by giving seven (7) days’ written notice to us through our “Contact Us” page on the Platform.

9.3 Effect of Termination: Upon the termination of your use of the Platform and/or Services, you will cease to have access to the Platform and/or Services. If you have any balance in your account, you will be entitled to withdraw such balance in accordance with the prevailing terms and conditions at the time of termination.