These Terms of Use describe the terms and conditions
applicable to your access and use of the website at www.kumoten.com a “Site”.
This document is a legally binding agreement between you as the user(s) of the
Site (referred to as “you”, “your”, "Dropshipper", Dropshipper or
“User” hereinafter) and the Kumoten.com entity (referred to as “we”, “our” or
“Kumoten” hereinafter).
Kumoten is a registered trademark wholly owned by OGN Online
Sdn Bhd.
Under this agreement, the payment processing services for
goods and/or services purchased on this website are provided by ipay88 Sdn Bhd
on behalf of OGN Online Sdn Bhd, depending on the type of payment method used
for the purchase of the goods and/or services.
Application and Acceptance of the Terms
• Your
use of the Site and Kumoten.com’s services, software and products (collectively
the as the “Services” hereinafter) is subject to the terms and conditions
contained in this document and any other rules and policies of the Site that
Kumoten may publish from time to time. This document and such other rules and
policies of the Site are collectively referred to below as the “Terms”. By
accessing the Site or using the Services, you agree to accept and be bound by
the Terms. Please do not use the Services or the Site if you do not accept all
of the Terms.
• You
may not use the Services and may not accept the Terms if (a) you are not of
legal age to form a binding contract with Kumoten.
• You
acknowledge and agree that Kumoten may amend any Terms at any time by posting
the relevant amended and restated Terms on the Site. By continuing to use the
Services or the Site, you agree that the amended Terms will apply to you.
• If
Kumoten has posted or provided a translation of the English language version of
the Terms, you agree that the translation is provided for convenience only and
that the English language version will govern your uses of the Services or the
Site.
• You
may be required to enter into a separate agreement, whether online or offline,
with Kumoten for any Service (“Additional Agreements”). If there is any
conflict or inconsistency between the Terms and an Additional Agreement, the
Additional Agreement shall take precedence over the Terms only in relation to
that Service concerned.
• The Terms may not otherwise be modified except in writing by an authorised officer of Kumoten.
Dropshipper’s Responsibility
• Upon
becoming a Dropshipper, you consent to authorize Kumoten to store and use your
information.
• Each
Dropshipper further represents, warrants and agrees that you shall:
•
carry on your activities on the Site in
compliance with any applicable laws and regulations;
•
carry on your activities in accordance with the
Terms and any applicable Additional Agreements;
•
not use the Services or Site to defraud any
person or entity;
•
not impersonate any person or entity,
misrepresent yourself or your affiliation with any person or entity;
•
not engage in spamming or phishing;
•
not engage in any other unlawful activities
(including without limitation those which would constitute a criminal offence,
give rise to civil liability, etc) or encourage or abet any unlawful
activities;
•
not involve attempts to copy, reproduce, exploit
or expropriate Kumoten’s various proprietary directories, databases and
listings;
•
not involve any computer viruses or other
destructive devices and codes that have the effect of damaging, interfering
with, intercepting or expropriating any software or hardware system, data or
personal information;
•
not involve any scheme to undermine the
integrity of the data, systems or networks used by Kumoten and/or any user of
the Site or gain unauthorized access to such data, systems or networks;
•
not engage in any activities that would
otherwise create any liability for Kumoten or our affiliates.
• Dropshipper
agrees to provide all necessary information, materials and approval, and render
all reasonable assistance and cooperation necessary for Kumoten’s provision of
the Services, evaluating whether Dropshipper has breached the Terms and/or
handling any complaint against the Dropshipper. If Dropshipper’s failure to do
so results in delay in, or suspension or termination of, the provision of any
Service, Kumoten shall not be obliged to extend the relevant service period nor
shall be liable for any loss or damages arising from such delay, suspension or
termination.
• Dropshipper acknowledges and agrees that Kumoten shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Kumoten does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Dropshipper. Each Dropshipper is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
Usage of Auto Sync Subscription Service
You (dropshipper) are acknowledged that :
• This service is provided by OGN ONLINE SDN BHD, hereafter known as KUMOTEN.
• The
person(s) or company who agrees to subscribe to this service shall be referred
to as USER(S).
• AUTOSYNC
is a service provided by Kumoten, hereafter known as AUTOSYNC. This service is
a value added service where Kumoten will automatically select products and
synchronize to user’s marketplace(s) on daily basis during the subscription
period.
• To
enable this service, user must subscribe and agree to all the terms and
conditions of this service as well as the Kumoten terms of service.
• User
agrees that the subscription fee can ONLY be performed through online banking
or credit card payment through ipay88 Sdn Bhd’s payment gateway in the Site.
Kumoten does not have another mode of payment facilities such as cash payment.
• Free
subscription plan is only available for users who activated Auto Sync feature
for the first time and this feature is will be running automatically for two
months (60 days) from the date when the user agrees to the service terms and
conditions by clicking “agree” button.
• Upon
end of the free subscription period, user may opt to subscribe paid Auto Sync
plan. If user wish to subscribe paid service before the end of the free
subscription period, user may contact Kumoten via the customer support live
chat for further assistance.
• User
may terminate the subscription at any time before expiry, however, no refund
will be reimbursed.
• The
Auto Sync service shall be performed daily during the subscription period.
Items shall be selected randomly and synchronized to the marketplace(s) which
user has already integrated at the time of subscription. User accepts that the
items selected to be synchronized are on random basis.
• Kumoten
will not refund for items which are out of stock.
• This
service is only applicable for Lazada Malaysia and Shopee Malaysia.
• In
the event when the user’s marketplace store has reached its product upload
limit, or the store has been terminated/closed during the subscription period,
the Auto Sync service will stop its service and no refund shall be reimbursed.
Users are required to ensure there are sufficient product upload capacity
during the subscription period.
• This
AUTOSYNC subscription plan and its service is not transferable to any 3rd
party.
• By
subscribing to this service, you hereby agree and give permission to Kumoten to
select any products which Kumoten deem suitable and synchronize and/or publish
to your store in Lazada and/or Shopee.
• The
total item to be synchronized and published on user’s store in Lazada and/or
Shopee on daily basis is according to the package which user have selected.
User is required to inspect the total items published daily and inform Kumoten
within 48 hours if there are any discrepancies in total items published.
• Users
are not allowed to downgrade from the current plan that users have subscribed. No
refund will be entertained.
• Kumoten
will not be responsible or refund for items synchronized to marketplace(s) but
are rejected by marketplaces soon after.
• This
service is to simplify the product publishing process from Kumoten to
marketplaces. Kumoten and the management and staff of OGN Online Sdn Bhd do not
guarantee user will achieve any sales or profit target as a result of
subscribing to this service.
• User
agree to indemnify and keep OGN Online Sdn Bhd indemnified from all claims
as may arise as a service provider and/or its subsidiaries.



