Terms & Conditions of Use
Welcome to iHORECA.Solutions This page contains our full User Agreement. This Agreement sets forth the terms and conditions for you to access the iHORECA.Solutions web site. (hereinafter referred to as “the site”, “platform”). Any new features or services added to the current service shall also be subject to these Terms. iHORECA.Solutions reserves the right to update and change these Terms at any time. Your use of this site constitutes your agreement to the Terms on this page. 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, please do not use this website. GENERAL TERMS AND CONDITIONS 1. You represent and warrant to iHORECA.Solutions that you are at least eighteen (18) years old. 2. You must provide your full legal name, a valid email address, and any other information needed in order to use our services. 3. You are responsible for keeping your password secure. IHORECA.Solutions cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. 4. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws. 5. You are responsible for all activity and content (data, graphics, files, photos, links) that is uploaded under your iHORECA.Solutions account. 6. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. 7. A breach or violation of any of the Account Terms as determined in the sole discretion of iHORECA.Solutions will result in an immediate termination of your services. 8. You understand that your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You can remove your iHORECA.Solutions account at any time by deleting your account. This will also remove all content you have stored on the Service. 9. By uploading images and item description content to iHORECA.Solutions, you agree to allow other internet users to view them and you agree to allow iHORECA.Solutions to display and store them and you agree that iHORECA.Solutions can, at any time, review all the content submitted by you to its Service. 10. From time to time, iHORECA.Solutions may update the software associated with the service for multiple reasons, including but not limited to, (a) maintain PCI compliance; (b) fix bugs; (c) enhance functionality or features. iHORECA.Solutions makes no warranty that such updates will be free of bugs, or impact your usage of the service. 11. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use iHORECA.Solutions or iHORECA.Solutions trademarks and/or variations and misspellings thereof. 12. iHORECA.Solutions does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Service. 13. For its own operational efficiencies and purposes, iHORECA.Solutions from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA, AND UNDER NO CIRCUMSTANCES WILL iHORECA.Solutions BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER'S FILES AND/OR DATA ON ANY iHORECA.Solutions SERVER. 14. You represent and warrant to iHORECA.Solutions that you have all necessary rights to distribute user content via this website. Accounts infringing on third party copyrights may be removed without notice. COMMUNICATION BETWEEN BUYERS AND VENDORS iHORECA.Solutions is a transparent platform. Buyers and vendors can communicate directly with each other. However, the messaging tool may not be used for the following activities: 1. Sending unsolicited advertising or promotions, requests for donations or spam; 2. Harassing or abusing another member 3. Contacting someone after they have explicitly asked you not to; or 4. Interfering with a transaction or the business of another member. BUYER TERMS AND CONDITIONS iHORECA.Solutions is a platform where you can create BOQ, request for quote, issue purchase orders for products and services from manufacturers/distributors/dealers and service providers in the hospitality and F & B industry. Please read on to find out more about your rights, as well as what is expected of you, as a buyer. This policy is a part of our Terms and Conditions. By using IHORECA.Solutions, you’re agreeing to this policy and our Terms and Conditions. iHORECA.Solutions’s limitations as a Platform iHORECA.Solutions provides a platform for buyers to find, learn about, and enter into transactions with vendors around the world. It is important to note, however, that iHORECA.Solutions is not a part of that transaction. By using iHORECA.Solutions, you understand that: 1. You are not buying directly from IHORECA.Solutions, but from one of the independent vendors. iHORECA.Solutions does not pre-screen sellers and products and therefore does not guarantee or endorse any items sold on the site or any content posted by vendors (such as photographs or language used in listings or shop policies); and 2. Each vendor on IHORECA.Solutions accepts different payment methods and has their own processing times, shipping methods and vendor policies. As a member of the community, you have the right to flag an item or a vendor that violates any of IHORECA.Solutions’s policies. You may contact us at contact@ihoreca.solutions. Purchasing an Item on IHORECA.Solutions When you issue a Purchase Order to a vendor in IHORECA.Solutions, you are buying from an independent business, each with its unique listings, policies, processing times and payment systems. By making a purchase from a vendor on IHORECA.Solutions, you agree that you: 1. Have read the item description and vendor policies before making a purchase; 2. Have submitted appropriate payment for item(s) purchased; and 3. Have provided accurate shipping information to the vendor. Creating and Uploading Content As a member of IHORECA.Solutions, you may create and upload a variety of content such as text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is: 1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Terms and Conditions. 2. Obscene or vulgar; 3. In violation of someone else’s privacy or intellectual property rights 4. False, deceptive or misleading. Reporting a Problem with an Order or Returning an Item Although IHORECA.Solutions is not directly involved in a transaction between a buyer and a vendor, we provide a case system in the unlikely event your purchase from a vendor does not go as expected. You can use IHORECA.Solutions’s case system to come to a resolution with the vendor in the event of a non-delivery or if an item you receive is not as described in the listing. By using IHORECA.Solutions’s Case System, you understand that under our dispute resolution procedures, we may use your personal information for the purpose of resolving disputes with other members. You can file a case under the following circumstances: Non-Delivery A non-delivery occurs when a buyer places an order and submits payment, but the vendor does not ship the item or does not ship the item to the correct address. The following are examples of non-delivery cases: 1. An item was never sent. 2. An item was not sent to the address provided on IHORECA.Solutions 3. There is no proof that the item was shipped to the buyer’s address. Not as Described An item is not as described if it is materially different from the vendor’s listing description or photos. Here are a few examples of not as described cases: 1. The item received is a different colour, model, version or size. 2. The item has a different design or material. 3. The item was advertised as authentic but is not authentic. 4. The seller failed to disclose the fact that an item is damaged or has missing parts. 5. The item was delivered in incorrect quantity. 6. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used. Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met: 1. The item(s) were ordered for a specific date or event. 2. The item(s) are rendered useless after that date. 3. The vendor did not ship the item(s) according to their processing time or the date agreed upon in communications. Ineligible Transactions Some disputes don’t qualify for IHORECA.Solutions’s case system. These include: 1. Items that have been purchased outside of the iHORECA.Solutions platform. 2. Intangible items, services 3. Items that are returned without a return agreement. 4. Items that have been altered, used, worn, or washed after receiving them. 5. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer. 6. Items that are received after the agreed-upon delivery date due to shipping delays. 7. Cost of shipping disputes. Requesting a Cancellation Both buyers and vendors may cancel transactions. Buyers may request that a vendor cancel an order via IHORECA.Solutions messaging system. Returning an Item Each seller has his or her own return policies, which should be outlined in their Vendor Policies. Not all sellers accept returns. Please make sure you have read the vendor policies before placing an order. Service Fees Buyers at iHORECA.Solutions may be charged a service fee which will be indicated in the Buyer Agreement that they will sign when they officially register as a Buyer at iHORECA.Solutions. Details will be indicated in the Buyer Agreement. VENDOR TERMS AND CONDITIONS IHORECA.Solutions’s limitations as a Platform IHORECA.Solutions provides a platform for vendors to promote, offer, and enter into transactions with buyers around the world. It is important to note, however, that IHORECA.Solutions is not a part of that transaction. By posting your products on IHORECA.Solutions, you understand that: As the VENDOR, you are dealing directly with the buyers. As owner or provider of the Goods and vendor thereof, it is up to vendor to, among others, ensure the sale is legally authorised, accurately describe the Goods, package, ship, insure, warrant and fulfill all other sale and after sale obligations applicable by law or by trade. Vendor uses the Services, the Platform and Vendor Center, at its own risk. As the vendor you must set up your own payment methods, processing times, shipping methods and policies. As a member of the community, you have the opportunity to flag a member that violates any of IHORECA.Solutions’s policies. You may contact us at contact@ihoreca.solutions. Business Name Your business name (identifying your business entity on IHORECA.Solutions) must be a name that: accurately identifies you; is not misleading; and that you have the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person or business entity). Furthermore, you can't use a business name that contains a suffix such as .com, .net, .biz, .org and so on. Respect for iHORECA.Solutions Sales Process Any attempt to circumvent the established IHORECA.Solutions sales process or to divert iHORECA.Solutions users to another website or sales process is strictly prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage IHORECA.Solutions users to leave the platform are prohibited. Examples of this behavior include asking the potential buyer to transact the business outside of the platform to avoid paying commission. Violation of this policy may result in immediate termination of your account. Delivery Fulfillment Vendors are responsible for shipping their sold items to buyers. If you're using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your company. By offering your products and/or services on iHORECA.Solutions, you agree to: 1. Provide an accurate "ships from" address. 2. Specify your shipping costs and processing times in your listings. 3. Ship items promptly after they are sold based on your agreement with the buyer. 4. Comply with all local and international shipping and customs regulations 5. Charge an appropriate amount for shipping. 8. Ensure that any person filling-in or signing any document, operating your account, or handling the Goods and Products, on behalf of Seller has full power and authority to do so on behalf of Vendor. Vendor may not dispute the actions of such person insofar as they are in apparent compliance with the Vendor Terms and Conditions. By entering tracking information on IHORECA.Solutions, you're giving us permission to collect and share the tracking information received from your chosen shipping carrier with the buyer. In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided on IHORECA.Solutions. If a buyer does not receive their order, they may file a case against your company. Service Fees Sellers at iHORECA.Solutions may be charged a service fee which will be indicated in the Vendor Agreement that you will sign when you officially register as a Vendor at iHORECA.Solutions. Details will be indicated in the Vendor 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. ARBITRATION 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. TERMINATION 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 IHORECA.Solutionsin operating the Site, your sole and exclusive remedy is to discontinue using the Site. LIMITATION OF LIABILITY USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, DOWNLOADING AND/OR UPLOADING OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL IHORECA.Solutions OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR IHORECA.Solutions OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO BILLING, THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF IHORECA.Solutions, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF IHORECA.Solutions AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE IHORECA.Solutions AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. MODIFICATIONS: (a) To the Agreement. IHORECA.Solutionshas the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of IHORECA.Solutionsin providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to discontinue the use of your account. (b) To the Site: IHORECA.Solutionshas the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. IHORECA.Solutions may also impose limits on certain features and services or restrict your access to parts or all of the IHORECA.Solutions Site without notice or liability. If you have any questions regarding the above terms and conditions, please email us at contact@ihoreca.solutions. May 2022 Kuala Lumpur, Malaysia
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