Term Conditions Page
1. Introduction
1.1 Welcome to the Wish Shop platform (the “Website”). Before using the Website or opening a Wish Shop account (“Account”), please read the following Terms of Service carefully so that you understand your legal rights and obligations towards Wish Shop Mobile Malaysia Sdn. Bhd. (Company Registration Number 201501009497 (1134832-W)) and its affiliates and subsidiaries (individually and collectively, “ Wish Shop ”, “we”, “us” or “our”). The “Services” we provide or offer include (a) the Website, (b) the services provided by the Website and the Wish Shop client software available through the Website, and (c) all information, linked pages, functions, data, text, images, photos, graphics, music, sounds, videos (including live broadcasts), messages, tags, content, programming, software, application services (including but not limited to any mobile application services) or other materials available through the Website or its related services (“Content”). Any new features added to or enhanced by the Services shall also be subject to these Terms of Service. These Terms of Service govern your use of the Services provided by Wish Shop .
1.2 The Services include online platform services that provide a venue and opportunity for the sale of goods between buyers ("Buyers") and sellers ("Sellers") (collectively, "you", "Users" or "Parties"). The actual sales contract is directly between the Buyer and the Seller, and Wish Shop is not a party to that contract or any other contract between the Buyer and the Seller, and assumes no obligations in connection with any such contract. The parties to such transactions will be solely responsible for the sales contracts, product listings, purchase guarantees, etc. between them. Wish Shop does not participate in transactions between users. Wish Shop may or may not pre-screen users or content or information provided by users. Wish Shop reserves the right to remove any content or information you post on the Website in accordance with Section 6.4 hereof.
1.3 Before becoming a user of the Website, you must read and accept all of the terms and conditions in these Terms of Service and all terms and conditions related to these Terms of Service, and you must consent to the processing of your personal data as described in the Privacy Policy linked here.
1.4 Wish Shop reserves the right to change, modify, suspend or terminate all or any part of the Website or Services at any time or with notice as required by local law. Wish Shop may release certain services or their features in beta versions, which may not function properly or in the same way as the final version, in which case we will not be liable. Wish Shop may also limit certain features or restrict your access to part or all of the Website or Services at its sole discretion without prior notice or liability.
1.5 Wish Shop reserves the right to refuse to provide you with access to the Website or Services or to allow you to open an account for any reason.
By using the Wish Shop 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 herein and/or linked to herein.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. If you are under the age of 18 or the legal age to consent to this Agreement under applicable law in your country (“Legal Age”), you must obtain permission from your parent or legal guardian to open an account, and such parent or legal guardian must agree to the terms of this Agreement. If you do not know whether you are of legal age, or do not understand this section, please do not create an account until you ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this Agreement on behalf of the minor, and you will be responsible for all use of the account or Company Services using the account,
2. Privacy
2.1 Your privacy is very important to us at Wish Shop . To better protect your rights, we provide Wish Shop 's Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Wish Shop collects and uses information related to your account and/or your use of the Services ("User Information"). By using the Services or providing information on the Website, you:
(i) consent to Wish Shop’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 Wish Shop ; and
(iii) You may not directly or indirectly disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without the prior written consent of Wish Shop .
2.2 Users who come into possession of other users’ personal data through their use of the Services (“Receiving Parties”) hereby agree that they will (i) comply with all personal data protection laws applicable to any such data; (ii) permit any user whose personal data the Receiving Party has collected (“Disclosing Party”) to delete his or her data so collected from the Receiving Party’s database; and (iii) in each case of (ii) and (iii) above, permit the Disclosing Party to review what information the Receiving Party has collected about them in accordance with and as required by applicable law.
3. Limited License
3.1 Wish Shop grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property ("IP") displayed on the Website are the property of Wish Shop and, as applicable, the third-party owners identified on the Website. No right or license is granted, directly or indirectly, to use or reproduce any IP by any party accessing the Website, and no party accessing the Website may claim any right, title or interest therein. By using or accessing the Services, you agree to abide by copyright, trademark, service mark and all other applicable laws protecting the Services, Website and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any part of the Services, Website or its content. You also may not mirror or frame any part or all of the content on the Website on any other server or as part of any other website without our prior written consent. In addition, you agree that 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 standard search engine technology employed by Internet search sites to direct Internet users to this Site) without our prior written consent. Mirror or frame any part or all of the Content on any other server or as part of any other website. In addition, you agree that 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 standard search engine technology employed by Internet search sites to direct Internet users to this Site) without our prior written consent. Mirror or frame any part or all of the Content on any other server or as part of any other website. In addition, you agree that 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 standard search engine technology employed by Internet search sites to direct Internet users to this Site) without our prior written consent.
3.2 You are welcome to link to this Website from your website, provided that your website does not imply any endorsement by or association with Wish Shop. You acknowledge that Wish Shop may, at its sole discretion, stop 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 the Service is subject to these Terms of Service. Wish Shop reserves all rights in the Software not expressly granted by Wish Shop under this Agreement. Any third-party scripts or codes linked or referenced to the Service are licensed to you by the third party that owns such scripts or codes, not by Wish Shop .
5. Account and Security
5.1 Certain features of our Services require registering an account by selecting a unique user identification ("User ID") and password and providing certain personal information. If you select a User ID that Wish Shop deems, in its sole discretion, to be offensive or inappropriate, Wish Shop 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 access to or that are bundled or partnered with us. Wish Shop has not reviewed and is not responsible for any third-party content, features, security, services, privacy policies, or other practices of such products, websites, or services. If you do so, the terms of service of those 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 exit from your account at the end of each session on the Website, (c) immediately notify Wish Shop 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 use are not attributable to you. Wish Shop is not responsible for any loss or damage arising from the unauthorized use of your password or your failure to comply with this section.
5.3 You agree that Wish Shop may, for any reason, in its sole discretion and with or without notice to you or any third party, immediately suspend, block or terminate your account and your user ID, remove or discard from the Website any content related to your account and user ID, revoke any subsidies provided to you, cancel any transactions associated with your account and user ID, temporarily or, more seriously, permanently withhold any sales proceeds or refunds, and/or take any other action Wish Shop deems necessary. Grounds for such action 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) unlawful, fraudulent, harassing, defamatory, threatening or abusive conduct, (d) possession of multiple user accounts, (e) purchasing products on the Website for commercial resale purposes, (f) abnormal or excessive purchases of products from the same seller or a related group of sellers, (g) voucher abuse (including, but not limited to, selling vouchers to third parties, selling vouchers or other credits at prices above face value and/or abnormal or excessive use of vouchers on the Website), or (h) commercial interests of other users, third parties or Wish Shop . Use of your account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement without notice to you. If for any reason a legal dispute or law enforcement action arises in connection with your account or your use of the Services,
Wish Shop in writing (including by email to Wish Shop app.one@gmail.com) that they wish to do so. Notwithstanding any such termination, the User remains responsible for any incomplete transactions (whether initiated before or after such termination), shipment of products, payment for products, etc., and the User must promptly contact Wish Shop and effectively execute and complete all uncompleted transactions in accordance with the Terms of Service. Wish Shop assumes no liability and shall not be liable for any damages resulting from actions taken pursuant to this Section. User waives any and all claims based on any such actions taken by Wish Shop .
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries as updated by us from time to time.
6. Terms of Use
6.1 The license to use the Website and Services is effective until terminated. This license will terminate in accordance with the provisions of these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Wish Shop may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, painful, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including, without limitation, any laws or regulations relating to import or export restrictions, third party rights, or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise make available any content featuring unsupervised minors, or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) remove any proprietary notices from the Website;
(g) cause, permit or authorize the modification, creation of derivative works or translation services without the express permission of Wish Shop ;
(h) use the Services for the benefit of any third party or in any manner not permitted by the license granted under this Agreement;
(i) use the Services or Upload Content in a fraudulent, unconscionable, false, misleading or deceptive manner;
(j) opening and/or operating multiple user accounts for any violation of the letter or spirit of these Terms of Service;
(k) use a simulator, emulator, robot or other similar hardware or software to access the Wish Shop Platform, open a user account or otherwise access your user account;
(l) manipulate the price of any item or interfere with other users' listings;
(m) take any action that may undermine the feedback or rating system;
(n) attempt to decompile, reverse engineer, disassemble or crack the Service (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Wish Shop in connection with the Service and/or data transmitted, processed or stored ;
(o) harvest or collect any information about other account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses or any other computer code, routines, files or programs designed to directly or indirectly interrupt, manipulate, disrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service can type, or otherwise act in a manner that negatively affects other users' ability to engage in real time communications;
(u) interfere with, manipulate, or disrupt the Service or servers or networks connected to the Service, or any other user’s use and enjoyment of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could, directly or indirectly, damage, disable, overburden, or impair the Service or the servers or networks connected to the Service;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guide, policy or regulation, including, but not limited to, laws and requirements (whether or not having the force of law) related to anti-money laundering or counter-terrorism;
(x) use the Services to violate or circumvent any sanctions or embargoes imposed or administered by the U.S. Treasury Department’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to invade the privacy of others or to “stalk” or otherwise harass others;
(z) infringe the rights of Wish Shop , including any intellectual property rights and any counterfeiting thereof;
(aa) use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities listed above; and/or
(bb) list items that infringe third party copyrights, trademarks or other intellectual property rights or use the Services in a manner that infringes the intellectual property rights of others.
(cc) direct or encourage other users to conduct transactions outside of the Website.
6.3 You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Wish Shop , are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the Website. You understand that by using the Website, you may be exposed to content that you find offensive, indecent or objectionable. To the maximum extent permitted by applicable law, Wish Shop will not in any circumstances be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of or reliance on any content posted, emailed, transmitted or otherwise made available on the Website.
6.4 You acknowledge that Wish Shop and its designees have the right (but not the obligation) to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including but not limited to any Content posted by or by you, available on the Website, in their sole discretion and without any liability to you. Without limiting the foregoing, Wish Shop and its designees have the right to remove (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 notices or allegations of intellectual property infringement or other legal instructions or removal requests; or (iv) if such Content is otherwise objectionable. We may also block the delivery of communications (including but not limited to status updates, postings, messages and/or chats) as part of our efforts to protect the Service or our users, or to otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate and bear 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 fullest extent permitted by applicable law, rely on any Content created by or submitted to Wish Shop , including but not limited to information in the Wish Shop forums and all other parts of the Website. 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 fullest extent permitted by applicable law, rely on any content created by Wish Shop or submitted to Wish Shop , including, but not limited to, the information in the Wish Shop forum and all other parts of the website. 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 fullest extent permitted by applicable law, rely on any content created by Wish Shop or submitted to Wish Shop , including, but not limited to, the information in the Wish Shop forum and all other parts of the website.
6.5 You acknowledge, consent and agree that Wish Shop may access, preserve and disclose your account information and content to any legal, regulatory or governmental body, relevant rights owner or other third party (if required by law) pursuant to a court order or lawful request of any governmental or regulatory body with jurisdiction over Wish Shop , or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any content infringes the rights of third parties (including intellectual property rights); (d) respond to your customer service requests; or (e) protect the rights, property or personal safety of Wish Shop , its users and/or the public.
7. Violation of our Terms of Service
7.1 Violations of this Policy may result in a range of actions, including but not limited to any or all of the following:
• List Delete
• Restrictions on account permissions
• Account suspension and subsequent termination
• Criminal charges
• Civil proceedings, including but not limited to claims for damages and/or interim or injunctive relief
7.2 If you believe that a user on our Site has violated these Terms of Service, please contact Wish Shop app.one@gmail.com.
8. Reporting Intellectual Property Infringement
8.1 As stated above, Wish Shop does not allow the listing of products that infringe the intellectual property rights of brands or other intellectual property owners (“IP Owners”).
8.2 Unless expressly stated otherwise, Users are independent individuals or businesses and they are in no way affiliated with Wish Shop , and Wish Shop is neither an agent nor a representative of Users and does not hold and/or own any of the products listed on the Website.
8.3 If you are an IP owner or a duly authorized agent of an IP owner (“IP Agent”) and you believe that your rights or the rights of your client have been infringed, please support your claim by submitting the Intellectual Property Rights (IPR) form and providing us with the documents requested below. Please allow us time to process the information provided. Wish Shop will respond to your complaint as soon as possible.
8.4 Complaints filed under this Section 8 must be made in a form prescribed by Wish Shop , which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of the intellectual property owner or agent of the intellectual property (collectively, a “Teller”); (b) a description of the type and nature of the intellectual property that is allegedly infringed and proof of title; (c) a description of the nature of the alleged infringement, with sufficient detail to allow Wish Shop to evaluate the complaint; (d) the URL of the listing that is allegedly infringing; (e) information sufficient to permit Wish Shop to contact the Teller, such as the Teller’s physical address, telephone number, and email address; (f) a statement by the Teller that the complaint is made in good faith and that use of the intellectual property identified by the Teller is not authorized by the intellectual property owner or the law; and (g) a statement by the Teller that the information in the notification is accurate, that the Teller will indemnify us for any damages we may suffer as a result of the information provided by the Teller, and that the Teller has the proper rights or is authorized to act on behalf of the intellectual property owner in all matters related to the complaint.
8.5 Wish Shop recognizes that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertising price agreements for their products. However, violation of such agreements does not constitute an infringement of intellectual property rights. Since the enforcement of these agreements is a matter between the manufacturer and the seller, Wish Shop does not assist in such enforcement activities and does not enforce exclusive distribution rights or price control matters, except in countries with specific laws governing selective or exclusive distribution.
8.6 Each Seller agrees to hold harmless Wish Shop and its affiliates from and against all claims, causes of action, damages, and judgments arising from the removal of any content or product listing based on or related to any intellectual property infringement claim.
9. Purchase and Payment
9.1 Wish Shop supports one or more of the following payment methods in each country in which it operates:
(i) Credit Card
Card payments are processed through third-party payment processors, and the types of credit cards accepted by these payment processors may vary depending on the jurisdiction in which you are located.
(ii) Cash on Delivery (COD)
Wish Shop offers cash on delivery in selected countries. Buyers can pay cash directly to the delivery agent after receiving their purchased items.
(iii) Bank transfer
Buyer may make payment to our designated Wish Shop Guaranteed Account (as defined in Section 12) via ATM or online bank transfer (“Bank Transfer”). Buyer must provide Wish Shop with a transfer receipt or payment transaction reference as payment confirmation via the “Upload Receipt” function in the Wish Shop App. If Wish Shop does not receive payment confirmation within three (3) days, Buyer’s order will be cancelled.
(iv) Installment Purchase Plan
For orders above RM 500, buyers can pay in instalments. The instalment payment is processed through third-party channels. The banks that currently support the instalment payment plan are Maybank and Public Bank.
(v) Deferred payment using SPayLater service (if applicable)
Buyers may use the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd. (“SeaMoney”) to defer payment for eligible orders. In order to provide the SPayLater service, SeaMoney will enter into a receivables purchase arrangement with eligible sellers whereby the sellers will sell the buyer’s receivables to SeaMoney in exchange for payment from SeaMoney.
9.2 The Buyer may only change his preferred payment method for a purchase before payment is made.
Wish Shop is not responsible for any loss or damage caused to the Buyer due to the shipping information 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 whether the Buyer is duly 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 you to store the money you receive from sales on the Platform (“Seller Wallet”). The sum of this money, less any withdrawals, will be reflected as your Seller Wallet balance.
10.2 You may submit up to one transfer request per day (“Withdrawal Request”) to transfer funds from your Seller Wallet (up to your Wish Shop Wallet Balance) to your linked bank account (“Linked Account”). Wish Shop may also automatically transfer funds from your Seller Wallet to your Linked Account on a regular basis, at Wish Shop ’s discretion . Wish Shop can only process such transfers on business days, and such transfers may take up to two business days to be credited to your Linked Account.
10.3 Sellers are entitled to one (1) free withdrawal request per week (“Weekly Withdrawal Limit”). Wish Shop may charge a fee of RM0.12 (“Withdrawal Fee”) for each additional withdrawal request in excess of the Weekly Withdrawal Limit. The Withdrawal Fee is subject to Sales and Services Tax (“SST”). Wish Shop may change the Weekly Withdrawal Limit and Withdrawal Fee at its sole discretion.
10.4 Payments from your sales of products on Wish Shop shall be credited to your seller wallet within three (3) days after the products are delivered to the buyer or immediately after the buyer confirms receipt of the products.
10.5 You may not modify or cancel a withdrawal request once submitted.
10.6 If an error occurs during the processing of any transaction, you authorize us to initiate 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 we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit and any applicable fees to any other bank account or payment instrument you have on file with us, or to deduct the debit and applicable fees from your Seller Wallet in the future. If we are unable to credit your alternative account for any reason, we reserve the right to process or deal with such funds in accordance with applicable law, including submitting such funds to the Unclaimed Funds Registry (Jabatan Akautan Negara Malaysia) (the “Registry”) as required by the Malaysian Unclaimed Funds Act. In such event, you may recover your unclaimed funds directly from the Registrar, less any fees or charges that may be imposed, without further recourse against us.
10.7 You authorize us to initiate debit or credit entries to your Seller Wallet:
(i) correct any errors in the processing of any transaction;
(ii) Wish Shop determines that you have engaged in fraudulent or suspicious activities and/or transactions;
(iii) in relation to any lost, damaged or incorrect items;
(iv) in connection with any incentives or rebates;
(v) in relation to any uncollected fees;
(vi) in connection with the resolution of any transaction disputes, including any compensation due to or from you;
(vii) in relation to any prohibited items or items detained by customs;
(viii) in relation to any change of mind agreed upon by both parties;
(ix) recover any outstanding amounts owed to us by you (including late payment fees and/or interest); and
(x) Purchase advertising credits if you have activated the advertising credit recharge feature and your advertising credits are below your advertising credit minimum amount.
10.8 We have the right to restrict, freeze or suspend your Seller Wallet for any reason, including if you fail to repay any outstanding amounts owed to us by the due date.
