TERMS OF SERVICE
1. INTRODUCTION
1.1 Welcome to the Ordejela platform (the "Site"). Please read the following Terms of
Service carefully before using this Site or opening an Ordejela account ("Account") so
that you are aware of your legal rights and obligations with respect to Night Electronics
(M) Sdn Bhd (Company Registration No. 199601039367 (411720-D)) and its
affiliates and subsidiaries (individually and collectively, "Ordejela", "we", "us" or
"our"). The "Services" we provide or make available include (a) the Site, (b) the
services provided by the Site and by our Ordejela client software, which enhances user
experience and functionality, made available through the Site, and (c) all information,
linked pages, features, data, text, images, photographs, graphics, music, sounds, video,
messages, tags, content, programming, software, application services or other materials
made available through the Site or its related services ("Content"). Any new features
added to or augmenting the Services are also subject to these Terms of Service. These
Terms of Service govern your use of Services provided by Ordejela.
1.2 The Services offered encompass an online platform exclusively dedicated to facilitating
the sale of goods by Ordejela, functioning as the sole seller ("Ordejela"), to the buyer
("Buyer") (collectively referred to as "you," "Users," or "Parties").Ordejela directly
engages in the sale of goods with the Buyer, and the contract for sale is solely between
the Buyer and Ordejela. Ordejela bears full responsibility as the contracting party and
does not assume obligations for any third-party transactions, as no third-party sellers are
involved. Ordejela handles all aspects of the sales contract, including the listing of
goods and warranty provisions. While Ordejela may conduct pre-screening of Users or
the Content provided by them, we reserve the right to remove any Content or
information posted by Users on the Site as outlined in Section 6.4 herein. It's important
to note that while Ordejela aims to facilitate successful transactions, we cannot
guarantee the completion of transactions by Users.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and
conditions included in these Terms of Service, as well as those linked to them. You must
also consent to the processing of your personal data as described in the Privacy Policy
linked hereto.
1.4 Ordejela reserves the right to change, modify, suspend or discontinue all or any part of
this Site or Services at any time, with or without notice as required by local laws.
Ordejela may release certain Services or their features in a beta version, which may not
function correctly or as the final version will, and we shall not be held liable for any
issues arising from such instances. Ordejela may also impose limits on certain features
or restrict access to parts of, or the entire, Site or Services in its sole discretion and
without notice or liability.
1.5 Ordejela reserves the right to refuse to provide you access to the Site or Services or to
decline the opening of an Account, for any reason.
BY USING ORDEJELA SERVICES OR OPENING AN ACCOUNT, YOU
IRREVOCABLY ACCEPT AND CONSENT TO THE TERMS OF THIS AGREEMENT,
INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES
REFERENCED OR LINKED 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
FOR GIVING CONSENT UNDER THE APPLICABLE LAWS IN MALAYSIA (THE
“LEGAL AGE”), YOU MUST OBTAIN PERMISSION FROM A PARENT OR LEGAL
GUARDIAN TO OPEN AN ACCOUNT, AND THAT PARENT OR LEGAL GUARDIAN
MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE UNSURE
WHETHER YOU HAVE REACHED THE LEGAL AGE OR DO NOT UNDERSTAND
THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE
CONSULTED WITH YOUR PARENT OR LEGAL GUARDIAN. 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 THE MINOR'S
BEHALF, AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR
COMPANY SERVICES ACCESSED THROUGH SUCH ACCOUNT, WHETHER THE
ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Ordejela. To better protect your rights we have
provided Ordejela’s Privacy Policy to explain our privacy practices in detail. Please
review the Privacy Policy to understand how Ordejela collects and uses the information
associated with your Account and/or your use of the Services (the “User Information”).
By using the Services or providing information on the Site, you:
(i) consent to Ordejela'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 proprietary rights of your User Information are jointly
owned by you and Ordejela; and
(iii) agree not to, whether 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
Ordejela’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the
“Receiving Party”) hereby agree to: (i) comply with all applicable personal data
protection laws with respect to any such data; (ii) allow the User whose personal data
has been collected (the “Disclosing Party”) to request the removal of their data from the
Receiving Party’s database; and (iii) allow the Disclosing Party to review the
information collected about them by the Receiving Party. The actions in items (ii) and
(iii) must be in compliance with, and where required by, applicable laws.
3. LIMITED LICENSE
3.1 Ordejela provides access and usage rights to its Services subject to the conditions
outlined in these Terms of Service. All intellectual property, including logos, brand
names, and other proprietary content ("Intellectual Property") visible on the Site, is the
exclusive property of Ordejela or other entities expressly authorized by Ordejela.
Unauthorized use of this Intellectual Property is strictly prohibited. By utilizing the
Services, you agree to comply with copyright laws and other relevant regulations
protecting the Site's content. Users are strictly prohibited from copying, sharing,
modifying, selling, or creating derivative works based on the Site's content.
Additionally, without explicit consent, Users are barred from replicating Site content on
external platforms or employing automated tools such as robots for content replication
or monitoring. This restriction excludes standard search engine technologies necessary
for website indexing and display.
3.2 You may link to the Site from your website, as long as your website does not suggest any
endorsement by or affiliation with Ordejela. You acknowledge that Ordejela reserves the
right to discontinue the Services, in whole or in part, at any time and without prior
notice.
4. SOFTWARE
4.1 Any software provided as part of the Services is governed by these Terms of Service.
Ordejela retains all rights to the software that are not explicitly granted to you. Any
third-party scripts or code linked to or referenced by the Services are licensed to you by
the respective third-party owners, not by Ordejela.
5. ACCOUNTS AND SECURITY
5.1 Certain functions of our Services require you to register an Account by selecting a
unique user identification ("User ID") and password, and providing personal
information. Ordejela reserves the right to suspend or terminate your Account if your
chosen User ID is deemed offensive or inappropriate at our sole discretion. Your
Account may allow access to other products, websites, or services we have partnered
with or enabled access to. Ordejela has not reviewed and assumes no responsibility for
the content, functionality, security, services, privacy policies, or practices of these
third-party products, websites, or services. If you access them, their terms of service,
including privacy policies, may apply in addition to these Terms of Service and our
Privacy Policy.
5.2 You agree to: (a) keep your password confidential and only use your User ID and
password when logging in, (b) log out from your account at the end of each session on
the Site, (c) immediately notify Ordejela of any unauthorized use of your Account, User
ID, or password, and (d) ensure your Account information is accurate and up-to-date.
You are fully responsible for all activities under your User ID and Account, even if not
committed by you. Ordejela is not liable for any loss or damage from unauthorized use
of your password or failure to comply with this Section.
5.3 Ordejela may, at its sole discretion and without notice or liability to you or third parties,
immediately suspend, freeze, or terminate your Account and User ID, remove or discard
any Content from the Site associated with your Account, withdraw any subsidies
offered, cancel any transactions, temporarily or permanently withhold any sale proceeds
or refunds, and/or take any other necessary actions. Grounds for such actions include,
but are not limited to: (a) extended inactivity, (b) violation of these Terms of Service, (c)
illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior, (d) having
multiple user accounts, (e) buying products for commercial resale, (f) abnormal or
excessive purchases from the same Seller or related group, (g) voucher abuse, or (h)
behavior harmful to other Users, third parties, or Ordejela's interests. Accounts used for
illegal or abusive purposes may be reported to law enforcement without notice. If a legal
dispute or law enforcement action arises related to your Account, Ordejela may
terminate your Account immediately, with or without notice.
5.4 Users may terminate their Account by notifying Ordejela in writing, including via email
at support@ordejela.com.my. Despite termination, Users remain responsible for any
incomplete transactions, shipments, or payments initiated before or after termination.
Users must contact Ordejela once all incomplete transactions are completed per the
Terms of Service. Ordejela is not liable for any damages arising from actions taken
under this Section. Users waive any claims against Ordejela for actions taken pursuant
to this termination process.
5.5 You may use the Services and open an Account only if you are located in one of our
approved countries, as updated periodically.
6. TERM OF USE
6.1 The license to use this Site and the Services remains effective until terminated. This
license will terminate as provided under these Terms of Service or upon your failure to
comply with any term or condition herein. Ordejela reserves the right to effect such
termination with or without notice to you.
6.2 You agree not to engage in any of the following activities:
(a) Upload, post, transmit, or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise
objectionable;
(b) Violate any applicable laws, including but not limited to laws and regulations related to
export and import restrictions, third-party rights, or our Prohibited and Restricted Items
Policy;
(c) Upload, post, transmit, or otherwise make available any Content featuring an
unsupervised minor 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 to disguise the origin of any Content
transmitted through the Services;
(f) Remove any proprietary notices from the Site;
(g) Cause, permit, or authorize the modification, creation of derivative works, or translation
of the Services without express permission from Ordejela;
(h) Use the Services for the benefit of any third party or in any manner not permitted by the
licenses granted herein;
(i) Use the Services or upload Content in a manner that is fraudulent, unconscionable, false,
misleading, or deceptive;
(j) Open and/or operate multiple user accounts to engage in conduct that violates the letter or
spirit of these Terms of Service;
(k) Access the Ordejela platform or your user account using an emulator, simulator, bot, or
similar hardware or software;
(l) Manipulate the price of any item or interfere with other Users' listings;
(m) Take any action that may undermine the feedback or ratings systems;
(n) Attempt to decompile, reverse engineer, disassemble, or hack the Services (or any
portion thereof) or defeat or overcome any encryption technology or security measures
implemented by Ordejela;
(o) Harvest or collect any information about or regarding 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 contractual or fiduciary relationships;
(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 containing
software viruses, worms, Trojan horses, or any other computer code, files, or programs
designed to interfere with, manipulate, interrupt, destroy, or limit the functionality or
integrity of any computer software or hardware or telecommunications equipment;
(t) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users can
type, or otherwise act in a manner that negatively affects other Users' ability to engage in
real-time exchanges;
(u) Interfere with, manipulate, or disrupt the Services or servers or networks connected to
the Services, or any other User's use and enjoyment of the Services, 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 Services or the servers or networks connected to the
Services;
(w) Use the Services to intentionally or unintentionally violate any applicable local, state,
national, or international law, rule, code, directive, guideline, policy, or regulation, including
without limitation laws and requirements related to anti-money laundering or
counter-terrorism;
(x) Use the Services in violation of or to circumvent any sanctions or embargo administered
or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the
United Nations Security Council, the European Union, or Her Majesty’s Treasury;
(y) Use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) Infringe the rights of Ordejela, including any intellectual property rights and any passing
off thereof;
(aa) Use the Services to collect or store personal data about other Users in connection with
the prohibited conduct and activities set forth above;
(bb) List items that infringe upon the copyright, trademark, or other intellectual property
rights of third parties or use the Services in a manner that will infringe the intellectual
property rights of others; and/or
(cc) Direct or encourage another user to conduct a transaction other than on the Site.
6.3 You acknowledge that all Content, whether publicly posted or privately transmitted, is
the sole responsibility of the person from whom such Content originated. You
understand that by using the Site, you may be exposed to Content that you may find
offensive, indecent, or objectionable. To the maximum extent permitted by applicable
law, under no circumstances will Ordejela be liable for any Content, including errors or
omissions, or any loss or damage incurred as a result of the use of, or reliance on, any
Content posted, emailed, transmitted, or otherwise made available on the Site.
6.4 You acknowledge that Ordejela and its designees shall have the right, but not the
obligation, in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove, or
move any Content available on the Site without liability to you. Without limiting the
foregoing, Ordejela and its designees shall have the right to remove any Content that (i)
violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) is
subject to a complaint from another User; (iii) is subject to a notice or allegation of
intellectual property infringement or other legal instruction or request for removal; or
(iv) is otherwise objectionable. We may also block the delivery of communications to or
from the Services to protect the Services or enforce these Terms and Conditions. You
agree to evaluate and bear all risks associated with the use of any Content, including
reliance on its accuracy, completeness, or usefulness.
6.5 You consent to and agree that Ordejela may access, preserve, and disclose your Account
information and Content to any legal, regulatory, or governmental authority, the relevant
rights owner, or other third parties if required by law or in a 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 violates third-party rights, including
intellectual property rights; (d) respond to your customer service requests; or (e) protect
the rights, property, or personal safety of Ordejela, its Users, and 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 the
following:
(a) Deletion of listings;
(b) Imposition of limits on Account privileges;
(c) Suspension and/or termination of the Account;
(d) Initiation of criminal charges;
(e) Pursuit of civil actions, including but not limited to claims for damages and/or requests
for interim or injunctive relief.
7.2 If you believe a User on our Site is violating these Terms of Service, please contact
support@ordejela.com.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 Ordejela does not permit listings that infringe on the intellectual property rights of
brands or other intellectual property rights owners (“IPR Owner”).
8.2 Unless expressly stated otherwise, Users are independent individuals or businesses and
are not affiliated with Ordejela. Ordejela is neither the agent nor representative of the
Users and does not hold or own any merchandise listed on the Site.
8.3 If you are an IPR Owner or an authorized agent (“IPR Agent”) and believe your rights or
your principal’s rights have been infringed, please notify us by submitting the
Intellectual Property Right (IPR) form and provide the requested documents to support
your claim. We appreciate your patience as we process the information. Ordejela will
respond to your complaint as promptly as possible.
8.4 Complaints under this Section 8 must be submitted in the form prescribed by Ordejela,
which may be updated periodically, and must include at least the following:
(a) A physical or electronic signature of an IPR Owner or IPR Agent (collectively,
“Informant”);
(b) A description of the type and nature of the allegedly infringed intellectual property right
and proof of ownership;
(c) A detailed description of the alleged infringement to enable Ordejela to assess the
complaint;
(d) The URL(s) of the listing(s) containing the alleged infringement;
(e) Sufficient contact information for the Informant, such as a physical address, telephone
number, and email address;
(f) A statement by the Informant, made in good faith, that the use of the intellectual property
is unauthorized by the IPR Owner or the law;
(g) A statement by the Informant affirming the accuracy of the notification and agreeing to
indemnify Ordejela for any damages incurred due to the information provided, and
confirming the Informant has the right or authorization to act on behalf of the IPR
Owner.
8.5 Ordejela recognizes a manufacturer’s right to enter into exclusive distribution
agreements or minimum advertised price agreements for its products. However,
violations of such agreements do not constitute intellectual property rights infringement.
Enforcement of these agreements is between the manufacturer and the distributor, and
Ordejela does not assist in enforcing exclusive distribution rights or price-control
matters, except in jurisdictions with specific laws governing such distribution.
8.6 You agree to hold Ordejela and its Affiliates harmless from all claims, causes of action,
damages, and judgments arising from any removal of Content or product listings in
relation to any intellectual property infringement claim.
9. PURCHASE AND PAYMENT
9.1 Ordejela supports one or more of the following payment methods in each country it
operates in:
(i) Credit Card
Card payments are processed through third-party payment channels. The types of credit
cards accepted may vary by jurisdiction.
(ii) Cash on Delivery (“COD”)
Ordejela offers COD services in selected countries. Buyers pay cash directly to the delivery
agent upon receipt of the purchased item.
(iii) Bank Transfer
Buyers can make payments via bank transfer using a secure third-party payment processor.
Once the payment is completed, the transaction will be automatically verified. If payment
confirmation is not received within three (3) days, the order will be cancelled.
(iv) Instalment Purchase Plan
Buyers can pay via installments for eligible orders. Installment payments are processed
through a secure third-party payment processor. Currently, installment plans are supported
through various channels, including Atome. Specific terms and conditions, such as minimum
purchase amounts and eligible products, may apply.
10. ORDEJELA GUARANTEE
10.1 The Ordejela Guarantee is a service provided by Ordejela to protect purchases.
Payments for purchases made through Ordejela's Services are initially held in a secure
Ordejela Guarantee Account managed by a third-party payment processor. After a
holding period of three (3) days, the funds are disbursed to Ordejela. During this
period, Ordejela does not earn interest or other earnings from the funds.
10.2 After the Buyer makes payment for their order (“Buyer’s Purchase Monies”), these
funds will be held in the Ordejela Guarantee Account until:
(a) The Buyer confirms receipt of their goods, in which case, unless 10.2(d) applies, the
funds will be released to Ordejela;
(b) The Ordejela Guarantee Period (or any approved extension under 10.3) expires, in which
case, unless 10.2(c) or 10.2(d) applies, the funds will be released to Ordejela;
(c) Ordejela determines that the Buyer’s application for a return and/or refund is successful,
in which case a refund will be provided to the Buyer in accordance with the Refunds
and Return Policy;
(d) Ordejela reasonably determines that a distribution of the Buyer’s Purchase Monies is
appropriate, including compliance with applicable law or a court order, or to enforce
these Terms of Service.
(e) The Ordejela Guarantee is only offered to Buyers who have made payment through the
channels provided by Ordejela into the Ordejela Guarantee Account. Offline
arrangements or any transactions outside of the provided payment channels will not be
covered under the Ordejela Guarantee.
10.3 Payments made through Ordejela channels will be held in the Ordejela Guarantee
Account for a specified period of time (the “Ordejela Guarantee Period”). The Buyer
may apply for a one-time extension of the Ordejela Guarantee Period before it expires,
subject to the Refunds and Return Policy. Upon the Buyer’s application, the period
may be extended for a maximum of three (3) days unless Ordejela, at its sole
discretion, determines that a longer extension is warranted.
10.5 The Buyer must be the beneficial owner of their account and conduct transactions on
the Site only on their behalf. Ordejela may require the Buyer to provide personal data
such as a recent identity photograph, bank account details, and/or necessary
documentation for verification purposes, including verification required by third-party
payment processing and logistic service providers. The Buyer consents to Ordejela
using or providing this data to third parties to facilitate their use of the Site. Further,
the Buyer authorizes Ordejela to use their personal data to make any inquiries deemed
necessary to validate their identity with appropriate entities. For more information
about how Ordejela handles personal information, please visit our Privacy Policy page.
10.6 The Ordejela Guarantee is in addition to and does not limit the Buyer’s obligations
under applicable law, which may exceed what is provided by the Ordejela Guarantee.
It is neither intended nor designed to assist the Buyer in complying with their own
legal obligations, for which the Buyer remains solely responsible. Ordejela accepts no
liability in connection with these obligations. The Ordejela Guarantee does not
constitute a product warranty.
10.7 The Buyer acknowledges and agrees that Ordejela’s decision (including any appeals) in
respect of and relating to any issues concerning the Ordejela Guarantee is final.
10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify
for the protection offered by the Ordejela Guarantee.
11. DELIVERY
11.1 Ordejela will arrange for the delivery of the purchased item once the Buyer’s Purchase
Monies are received. Ordejela will provide the Buyer with delivery details, such as the
name of the delivery company and the tracking number, through the Site.
11.2 Ordejela will use its best efforts to ensure that the Buyer receives the purchased items
within the Ordejela Guarantee Period or the time period specified on the product
listing.
11.3 Ordejela bears all risks associated with the delivery of the purchased item(s) and will
ensure adequate insurance coverage for the delivery. If the purchased item(s) are
damaged, lost, or not delivered during the course of delivery, Ordejela will not be
liable for any resulting damages, expenses, costs, or fees. The Buyer and the logistics
service provider must resolve such disputes.
11.4 For Cross-Border Transactions, Users understand and acknowledge that if a product
listing states that the product will ship from overseas, such a product is being sold by
Ordejela from outside of Malaysia. The importation and exportation of such a product
are subject to local laws and regulations. Users should familiarize themselves with all
import and export restrictions applicable to the designated country. Ordejela cannot
provide legal advice in this regard and shall not bear any risks or liabilities associated
with the import and export of such products to Malaysia.
11.5 If the Buyer elects to have a purchased item delivered by any other shipping method,
the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer
and Ordejela in such proportions as determined by Ordejela and published on the Site.
Ordejela shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer
and (ii) pay the total Shipping Fee to the delivery company.
12. CANCELLATION, RETURN AND REFUND
12.1 The Buyer may cancel their order before the Buyer’s Purchase Monies are processed
through the payment system.
12.2 The Buyer may apply for the return of the purchased item and a refund before the
Ordejela Guarantee Period expires, if applicable, subject to and in accordance with
Ordejela’s Refunds and Return Policy. Please refer to Ordejela’s Refunds and Return
Policy for further information.
12.3Ordejela reserves the right to cancel any transaction on the Site. In such cases, the Buyer
agrees that their sole remedy will be to receive a refund of the Purchase Monies paid.
12.4 In the event that a refund is granted pursuant to Ordejela’s Refunds and Return Policy,
Ordejela shall reimburse the Buyer for the amount paid for the item.
12.5 Ordejela does not monitor the cancellation, return and refund process for offline
payment.
12.6 Refunds to Buyers will be processed to their bank account within two (2) weeks of the
return or refund request being approved.
13. SELLER’S RESPONSIBILITIES
13.1 Ordejela shall manage and ensure that all relevant information, including item prices,
details, inventory amounts, and terms and conditions of sale, is accurate and current on
the listings. Ordejela shall not post inaccurate or misleading information.
13.2 Ordejela shall ensure that each product is accurately categorized on the Site. Ordejela
acknowledges that proper categorization is essential for facilitating customer searches
and purchases. In the event of miscategorization, Ordejela will take corrective actions to
ensure accuracy and improve user experience.
13.3 Ordejela shall determine the price of items for sale with transparency and fairness. The
price and any applicable fees, such as shipping or handling charges, shall be clearly
communicated to the Buyer. Ordejela ensures that all fees are reasonable and necessary,
and will not impose hidden charges. All costs, including taxes and tariffs, will be
disclosed upfront to maintain trust and transparency with the Buyer.
13.4 Ordejela may engage in promotional activities to facilitate transactions, including
reducing, discounting, or refunding fees. The final price payable by the Buyer will
reflect these adjustments.
13.5 Ordejela may list items at adjusted prices on third-party websites and other platforms to
promote sales.
13.6 Ordejela shall provide purchase invoices to Buyers upon request.
13.7 Ordejela acknowledges and agrees to be responsible for complying with all applicable
tax laws, customs, and duties related to items sold. Ordejela commits to ensuring that all
taxes are properly calculated and paid. As tax laws and regulations may change,
Ordejela will seek professional advice to ensure ongoing compliance.
15. TRANSACTION FEES & COMMISSION FEES
15.1 Ordejela charges a Transaction Fee of three percent (3%) for all successful transactions
completed on the Site. This fee is calculated based on the Buyer’s Purchase Monies and
is rounded up to the nearest cent.
15.2In addition, Ordejela applies a Service Fee of six percent (6%) for transactions using
GrabPay Installment, Atome or Buy Now Pay Later options. This Service Fee reflects
the additional costs associated with this payment method and is clearly communicated at
the time of purchase.
15.3The gross settlement price refers to the final product price after deducting Ordejela
vouchers and promotions (e.g. free shipping, discounts). For the avoidance of doubt, the
gross settlement price shall not be affected by Ordejela vouchers.
15.4The Transaction Fee and Service Fee are subject to SST (“Tax Amount”), and Ordejela
is responsible for accounting for this tax.
15.5 The Transaction Fee and the Ordejela Commission Fee is subject to SST (“Tax
Amount”), and the Seller is responsible for such Ordejela Tax Amount.
15.6 Upon successful completion of a transaction, Ordejela will deduct the Transaction Fee,
Service Fee, and the Tax Amount from the Buyer’s Purchase Monies before remitting
the balance. Ordejela can issue receipts or invoices for these fees upon request.
16. DISPUTES
16.1In the event a problem arises in a transaction, the Buyer agrees to communicate directly
with Ordejela to attempt to resolve such dispute through mutual discussions, which
Ordejela shall use reasonable commercial efforts to facilitate. If the matter cannot be
resolved through these discussions, the Buyer may consider approaching the claims
tribunal of their local jurisdiction as a final step.
16.2The Buyer covenants and agrees not to bring suit or otherwise assert any claim against
Ordejela or its Affiliates in relation to any transaction made on the Site or any dispute
related to such transaction, except where Ordejela is the direct party involved in the
transaction.
16.3 Buyers covered under the Ordejela Guarantee may send a written request to Ordejela to
assist in resolving issues that may arise from a transaction. Ordejela may, at its sole
discretion and with absolutely no liability, take necessary steps to assist Buyers in
resolving their dispute. For more information, please refer to Ordejela’s Refunds and
Return Policy.
16.4 All Buyers, regardless of the payment method used, should contact Ordejela directly to
resolve any issues related to their purchases.
17. FEEDBACK
17.1 Ordejela welcomes information and feedback from our Users to improve service
quality. The feedback procedure is as follows:
(i) Feedback must be submitted in writing via email or the feedback form available on the
App.
(ii) Anonymous feedback will not be accepted to ensure accountability and effective
resolution.
(iii) Users affected by the feedback will be informed of the details and given an opportunity
to respond.
(iv) Feedback that is vague or defamatory will be disregarded and not entertained.
18. DISCLAIMERS
18.1 THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CLAIMS,
OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. ORDEJELA DOES NOT WARRANT THAT THE
SERVICES, SITE, OR FUNCTIONS WILL BE UNINTERRUPTED, TIMELY,
SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR FREE OF HARMFUL
COMPONENTS.
18.2 YOU ACKNOWLEDGE THAT THE USE AND PERFORMANCE OF THE SITE
AND SERVICES ARE AT YOUR OWN RISK TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
18.3 ORDEJELA, AS THE SOLE SELLER, DOES NOT GUARANTEE OR ACCEPT
RESPONSIBILITY FOR THE FITNESS FOR PURPOSE, QUALITY, OR LEGALITY
OF ITEMS SOLD. IN CASE OF A DISPUTE INVOLVING USERS, USERS AGREE
TO RESOLVE SUCH DISPUTES DIRECTLY AND RELEASE ORDEJELA AND ITS
AFFILIATES FROM CLAIMS, DEMANDS, AND DAMAGES ARISING FROM
SUCH DISPUTES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. EXCLUSIONS AND LIMITATIONS OF LIABILITY
19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDEJELA
SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR
SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. THIS
INCLUDES, BUT IS NOT LIMITED TO:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF
DATA; (E) LOSS OF GOODWILL; OR (F) FAILURE TO REALIZE ANTICIPATED
SAVINGS, WHETHER SUCH LOSSES ARE DIRECT OR INDIRECT;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,
EVEN IF ORDEJELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
19.2YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY ISSUES OR
DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT
AND/OR STOP USING THE SERVICES. DETAILS ON HOW TO TERMINATE
YOUR ACCOUNT CAN BE FOUND IN OUR SUPPORT SECTION.
19.3 IF ORDEJELA IS FOUND LIABLE BY A COURT, ITS LIABILITY IS LIMITED TO
THE LESSER OF: (A) ANY AMOUNTS DUE TO YOU UNDER THE ORDEJELA
GUARANTEE; OR (B) RM 100 (ONE HUNDRED RINGGIT), TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
19.4 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY ORDEJELA’S NEGLIGENCE,
FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED BY LAW.
20. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
20.1Third-party links provided throughout the Site allow users to leave the Site. These links
are offered as a courtesy, and Ordejela does not control the linked sites. Users access
these sites at their own risk and should review their terms and privacy policies. Ordejela
is not responsible for the content or updates of these linked sites, and the inclusion of
any link does not imply Ordejela's endorsement, sponsorship, or affiliation with the site
or its content.
21. YOUR CONTRIBUTIONS TO THE SERVICES
21.1 By submitting any content, such as reviews, comments, or feedback, on the Services,
you confirm that you have the rights and permissions necessary to provide such content.
You are solely responsible for your submissions, ensuring their accuracy, reliability, and
compliance with legal requirements. You grant Ordejela a perpetual, irrevocable,
worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use,
copy, distribute, modify, and display this content in connection with the Services. This
includes promoting and redistributing parts of the Services without need for attribution.
You agree to waive any moral rights related to the content.
21.2 Submissions made to Ordejela, whether through the Services or other means, are
considered non-confidential and may be used by Ordejela for any purpose, including
improving the Services. By providing a Submission, you acknowledge that similar
developments may occur independently. Personal information submitted is subject to
our privacy policy unless you make it publicly available through the Services.
22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL
LINKS
22.1 Users who contribute reviews, comments, or other user-generated content are solely
responsible for ensuring the accuracy, reliability, and legality of their contributions.
Ordejela does not regularly monitor these contributions and is not responsible for them.
You agree not to hold Ordejela liable for any actions or inactions of other users,
including their postings or interactions via the Services.
22.2The Services may include links to third-party products, websites, services, and offers.
These third-party entities are not owned or controlled by Ordejela. Ordejela assumes no
responsibility for the content, functionality, security, services, privacy policies, or
practices of these third parties. Users are encouraged to review the terms and policies of
any third-party sites they visit. By using the Services, you agree that Ordejela is not
liable for any issues arising from your use of, or inability to use, any third-party
websites or services. Ordejela reserves the right to disable or remove any third-party
links or applications on the Services that violate these Terms of Service.
23. YOUR REPRESENTATIONS AND WARRANTIES
23.1 You represent and warrant that:
(a) You possess the legal capacity to enter into these Terms of Service, and if you are a
minor, you have obtained valid consent from a parent or legal guardian to do so; and
(b) You will use the Services for lawful purposes only and in accordance with these Terms of
Service and all applicable laws, rules, codes, directives, guidelines, policies, and
regulations.
24. FRAUDULENT OR SUSPICIOUS ACTIVITY
24.1 If Ordejela, at its sole discretion, believes that you may have engaged in any
potentially fraudulent or suspicious activity, we may take various actions to protect
Ordejela, other users, and third parties from Reversals, Chargebacks, Claims, fees, fines,
penalties, and any other liability. These actions may include, but are not limited to:
(a) Closing, suspending, or limiting access to your Account or the Services, and/or
suspending the processing of any transaction;
(b) Suspending your eligibility for the Ordejela Guarantee;
(c) Holding, applying, or transferring funds related to any transaction as required by
judgments and orders affecting you or your Account, including those issued by a
competent court or directed to Ordejela;
(d) Refusing to provide the Services to you now and in the future.
For the purposes of this Section:
"Chargeback" means a request that a Buyer files directly with his or her debit or credit card
company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Buyer or Seller files directly with Ordejela.
"Reversal" means the reversal of a payment by Ordejela because (a) it is invalidated by the
sender's bank, (b) it was sent to you in error by Ordejela, (c) the sender of the payment did
not have authorization to send the payment (for example: the sender used a stolen credit
card), (d) you received the payment for activities that violated these Terms of Service or any
other Ordejela policy, or (e) Ordejela decided a Claim against you.
25. INDEMNITY
25.1 You agree to indemnify, defend and hold harmless Ordejela, and its associated parties
(including shareholders, subsidiaries, affiliates, directors, partners, officers, agents, and
employees) (collectively, the "Indemnified Parties") from and against any and all claims,
actions, proceedings, and suits and all related liabilities, damages, settlements, penalties,
fines, costs and expenses (including, without limitation, any other dispute resolution
expenses) incurred by any Indemnified Party arising out of or relating to:
(a) Any transaction you make on the site, or any related disputes, unless Ordejela is the
seller in the disputed transaction.
(b) Any issues related to the Ordejela Guarantee.
(c) Activities related to running the services, whether by Ordejela or someone on its behalf.
(d) Your violation of these Terms of Service or any related policies.
(e) Your improper use of the services.
(f) Your breach of any law or infringement on someone else's rights.
(g) Any content you upload.
26. SEVERABILITY
26.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any
reason unenforceable under the law of any jurisdiction, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions in such jurisdiction nor the validity and
enforceability of the provision in question under the law of any other jurisdiction.
27. GOVERNING LAW
27.1 These Terms of Service shall be governed by and construed in accordance with the laws
of Malaysia without regard to its conflict of law rules. The United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise
required by applicable laws, any dispute, controversy, claim or difference of any kind
whatsoever shall arising out of or relating to these Terms of Service against or relating
to Ordejela or any Indemnified Party under these Terms of Service shall be referred to
and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules
of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time
being in force, which rules are deemed to be incorporated by reference in this Section.
There will be one (1) arbitrator and the language of the arbitration shall be in English
and/or Malay.
28. GENERAL PROVISIONS
28.1 Ordejela reserves all rights not expressly granted herein.
28.2 Ordejela may modify these Terms of Service at any time by posting the revised Terms
of Service on this Site. Your continued use of this Site after such changes have been
posted shall constitute your acceptance of such revised Terms of Service.
28.3 You may not assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
28.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and Ordejela, nor does it authorise you to incur
any costs or liabilities on Ordejela’s behalf.
28.5 The failure of Ordejela at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same unless the
same is waived in writing.
28.6 These Terms of Service are solely for your and our benefit and are not for the benefit of
any other person or entity, except for Ordejela’s affiliates and subsidiaries (and each of
Ordejela’s and its affiliates' and subsidiaries' respective successors and assigns).
28.7 The terms set forth in these Terms of Service and any agreements and policies included
or referred to in these Terms of Service constitute the entire agreement and
understanding of the parties with respect to the Services and the Site and supersede any
previous agreement or understanding between the parties in relation to such subject
matter. The parties also hereby exclude all implied terms in fact. In entering into the
agreement formed by these Terms of Service, the parties have not relied on any
statement, representation, warranty, understanding, undertaking, promise or assurance of
any person other than as expressly set out in these Terms of Service. Each party
irrevocably and unconditionally waives all claims, rights and remedies which but for
this Section it might otherwise have had in relation to any of the foregoing. These Terms
of Service may not be contradicted, explained or supplemented by evidence of any prior
agreement, any contemporaneous oral agreement or any consistent additional terms.
28.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to
anti-bribery and corruption including without limitation the Malaysian Anti-Corruption
Commission Act and confirm that you have and shall have in place all policies and
procedures needed to ensure compliance with such requirements.
28.9 If you have any questions or concerns about these Terms of Service or any issues raised
in these Terms of Service or on the Site, please contact us at: support@ordejela.com
LEGAL NOTICES: Please send all legal notices to legal@ordejela.com and Attention it to the
“General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING
THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM
CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE
AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 2 April 2024