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Terms & Conditions

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

This Agreement was last modified on 17 Mai 2023

This User Agreement describes the terms and conditions which you accept by using our website or our services. We have incorporated by reference some linked information.

In this User Agreement:

“Account” means the account associated with your email address.

“Grandee”, “we”, “our”, “company” or “the company” or “us” means Grandee.app.

“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.

“Inactive Account” means a User Account that has not been logged into for a 9 month period, or other period determined by us from time to time.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Grandee Services” means all services provided by us to you.

“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other material incorporated by reference from time to time.

“Website” means the Websites operated by Grandee and available at: Grandee.app and any of its regional or other domains or properties, and any related Grandee service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website, you agree to the following terms with Grandee.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users can contact other Users or buy subscription plans to create listings. Users must register for an Account in order to buy plans or use our Services. The Website enables Users to work together online to connect for projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Users in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Grandee Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

     

    • are not able to form legally binding contracts;

    • are under the age of 18;

    • a person barred from receiving and rendering services under the laws of Malaysia or other applicable jurisdiction;

    • are suspended from using the Website; or

    • do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Grandee

While using the Website, you will not attempt to or otherwise do any of the following:

     

    • post content or items in inappropriate categories or areas on our Websites and services;

    • infringe any laws, third party rights or our policies, such as the Code of Conduct;

    • fail to deliver payment for services delivered to you;

    • circumvent or manipulate our fee structure, the billing process, or fees owed to Grandee;

    • post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);

    • take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);

    • transfer your Grandee account (including feedback) and Username to another party without our consent;

    • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

    • distribute viruses or any other technologies that may harm Grandee, the Website, or the interests or property of Grandee users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

    • download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;

    • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

    • copy, modify or distribute rights or content from the Website or Grandee’s copyrights and trademarks; or

    • harvest or otherwise collect information about Users, including email addresses, without their consent.

    • use Grandee to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees and Services

We charge fees for certain services, such as promotions. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our pricing plans, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on promotions) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in United States Dollars. Payments can only be made via Paypal (Debit or Credit Cards, Bank Transfer) or Stripe (AliPay, ApplePay, GooglePay, WeChatPay, Credit Cards, etc.) -> More Stripe Payment Options for US & EU

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

8. Promotion

We may display your company or business name, logo, images or other media as part of the Grandee Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public contents of your Listings and the content of your profile information on the Website for marketing and other related purposes.

9. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

     

    • will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

    • will not violate any law or regulation;

    • will not be defamatory or trade libelous;

    • will not be obscene or contain child pornography;

    • will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

    • will not contain material linked to terrorist activities

    • will not include incomplete, false or inaccurate information about User or any other individual; and

    • will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Malaysia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Grandee Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

10. Influencers

     

    • Influencers create Services on Grandee to allow Brands to purchase their services.

    • Each Service the Influencer sells and successfully completes, accredits the Influencer account with a net revenue of 80% of the purchase amount.

    • Grandee accredits Influencers once an order is completed. An order will automatically be marked as completed 14 days after the final delivery was made by the Influencer, if the Brand didn’t file a complaint.

    • If an order is cancelled (for any reason), the funds paid will be returned to the Brand’s Payment Gateway.

    • Revenues are only made available for withdrawal from the Withdrawal page following a safety clearance period of 14 days after the order is marked as complete.

    • Influencers may not promote their Services or any Grandee content via the Google Ads platform.

    • Influencers may withdraw their revenues using one of Grandee’s withdrawal options.

    • The Influencer’s rating is calculated based on the order reviews posted by Brands. In certain cases, exceedingly low ratings may lead to the suspension of the Influencer’s account.

    • For security concerns, Grandee may temporarily disable a Influencer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Brands, or associating multiple Grandee accounts to a single withdrawal provider.

    • Influencers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Influencers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.

    • Appointment as Limited Payment Collection Agent: Influencer hereby appoints Grandee as Influencer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Providers) from Brand, and remitting those payments to Influencer. Influencer agrees that payment from Brand to Grandee shall be considered the same as payment made directly to Influencer. Brand’s payment obligation to Influencer will be satisfied upon receipt of payment by Grandee (through its Payment Services Providers), and Grandee (via its Payment Services Providers) is responsible for remitting the funds to the Influencer in the manner described in these Terms of Service. In the event that Grandee (via Payment Services Providers) does not remit any such amounts to Influencer, the Influencer will have recourse only against Grandee and not the Brand directly. Influencer agrees that Grandee may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Brands that Grandee may deem necessary or prudent.

    • Grandee partners with Payment Services Providers for purposes of collecting payments from Brands, transferring such payments from Brands to Influencers, and holding funds in connection with Grandee Balances. All payments services in connection with the withdrawal of funds on the Grandee platform are performed by Grandee’s Payment Services Providers.

    • Influencers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

     

    • Services created on Grandee are User Generated Content.

    • Services and/or users may be removed by Grandee from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

         

        • Illegal or Fraudulent services

        • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported to us

        • Adult oriented services, Pornographic, Inappropriate/Obscene

        • Intentional copies of Services

        • Spam, nonsense, or violent or deceptive Services

        • Services misleading to Brands or others

        • Reselling of regulated goods

        • Offering to prepare academic works on behalf of Brands

        • Services that extend beyond 30 days of service duration

        • Exceedingly low quality Services

        • Promoting Grandee and/or Grandee Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

    • Services that are removed for violations mentioned above, may result in the suspension of the Influencer’s account.

    • Services that are removed for violations are not eligible to be restored or edited.

    • Services may be removed from our Search feature due to poor performance and/or user misconduct.

    • Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates Grandee’s Terms of Service and/or our Community Standards, will be removed.

    • Services are required to have an appropriate Service image related to the service offered. An option to upload additional Service images are available to all Influencers. Influencers must deliver the same quality of service as shown on their Service images. Recurring deliveries that don’t match the quality shown on the Service images may lead to the Influencer’s account losing Influencers status or becoming permanently disabled.

    • Statements on the Service Page that undermine or circumvent these Terms of Service are prohibited.

Withdrawing Revenues

     

    • To withdraw your revenue, you must have an account with at least one of Grandee’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Grandee’s Payment Services Providers. All payment services, including withdrawal services will be provided by Grandee’s Payment Services Providers.

    • Your Grandee profile can be associated with only one account from each Grandee withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Grandee profile.

    • Revenues are only made available for withdrawal from the Withdrawal page following a safety clearance period of 14 days after the order is marked as complete.

    • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process

    • Withdrawals can only be made in the amount available to you and with a minimum withdrawal amount of $50.

    • Withdrawal fees vary depending on the withdrawal method.

    • Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

    • Your Grandee Balance is always derived from its US$ value. Influencers always have the option to withdraw Revenues in US$.

11. Brands

     

    • You may not offer direct payments to Influencers using payment systems outside of the Grandee platform.

    • Grandee retains the right to use all publicly published delivered works for Grandee marketing and promotional purposes.

    • Brands pay Grandee to create an order from a Influencer’s Service page using the Add to Cart button. Grandee partners with Payment Services Providers for purposes of collecting all payments from Brands, transferring such payments from Brands to Influencers, and holding funds in connection with Grandee Balances. All payments services in connection with the collection of funds on the Grandee platform are performed by Grandee’s Payment Services Providers.

    • Grandee serves as Influencer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Providers) from Brand, and remitting those payments to Influencer. Brand’s payment obligation to Influencer will be satisfied upon receipt of payment by Grandee (through its Payment Services Providers), and Grandee (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Influencer in the manner described in these Terms of Service. In the event that Grandee (via Payment Services Providers) does not remit any such amounts to Influencer, the Influencer will have recourse only against Grandee and not the Brand directly.

    • In most locations, purchases on Grandee can be made by using one of the following payment methods: PayPal & Stripe. Additional payment methods may apply in certain locations.

    • You may not offer Influencers to pay, or make payment using any method other than through the Grandee.app site. In case you have been asked to use an alternative payment method, please report it immediately to our Customer Support.

    • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Grandee or Grandee’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for purposes of processing withdrawal payments. Grandee is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information.

    • By using any payment method and/or providing payment details for making purchases on Grandee, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Grandee; and (d) such actions do not violate any applicable law.

Taxes

     

    • Brands may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Brand before payment.

    • Brands agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

12. Orders

     

    • Once payment is confirmed, your order will be created and given a unique Grandee order number.

    • Influencers must deliver completed files and/or proof of work using the internal messaging system according to the service that was purchased and advertised on their Service.

    • An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 28 days after the Order was placed.

    • We encourage our Brands and Influencers to try and settle conflicts amongst themselves. If for any reason this fails after using the Help Center or if you encounter non-permitted usage on the Site, users can contact Grandee’s Customer Support department for assistance.

    • When a Brand orders a Service, the Influencer is notified by email as well as notifications on the site while logged into the account.

    • Influencers must send completed files and/or proof of work using the internal messaging system.

    • Users are responsible for scanning all transferred files for viruses and malware. Grandee will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

     

    • Feedback reviews provided by Brands while completing an Order are an essential part of Grandee’s rating system. Reviews demonstrate the Brand’s overall experience with the Influencers and their service. Brands are encouraged to communicate to the Influencer any concerns experienced during their active order in regards to the service provided by the Influencer.

    • Leaving a Brand’s feedback is a basic prerogative of a Brand. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

    • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Grandee platform from users within our Community. Purchases arranged, determined to artificially enhance Influencer ratings, or to abuse the Grandee platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

    • Feedback comments given by Brands are publicly displayed on the Influencer’s profile page.

    • Work Samples are the delivered images and videos sent to a Brand in a delivery message.

    • Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.

    • Responding and posting a review: Once work is delivered, the Brand has three days to respond. If no response is provided within the response period, the Order will be considered completed.

    • Users are allowed to leave reviews on Orders up to 28 days after an Order is marked as complete. No new reviews may be added to an Order after 28 days.

    • Influencers may not solicit the removal of feedback reviews from their Brands through mutual cancellations.

Disputes and Cancellations

We encourage our Brands and Influencers to try and settle conflicts amongst themselves. If for any reason this fails after using the Help Center or if you encounter non-permitted usage on the Site, users can contact Grandee’s Customer Support department for assistance.

     

    • Order cancellations can be performed on Grandee, when eligible, by Customer Support or through the Help Center per order.

    • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

    • In the event that a Brand or Influencer encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.

    • Grandee, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

    • All transfer and assignment of intellectual property to the Brand shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.

    • If an order is cancelled (for any reason), the funds paid will be returned to the Brand’s Payment Gateway, minus the Payment Gateway transaction fees, or can be added as wallet fund into their account.

    • Requesting to gain more services from Influencers beyond the agreed requirements is not allowed.

Order Cancellations

     

    • Grandee encourages Brands and Influencers to resolve service disputes mutually using the internal messaging system and the Grandee Help Center.

    • Eligibility for requests to Grandee to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Grandee service system. See below for Order specific eligibility.

    • Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order was placed. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).

    • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Brand’s Payment Gateway and will be deducted from the Influencer’s Grandee Balance or, if there are no sufficient amounts in the Influencer’s Grandee Balance, from future revenues of such Influencer.

    • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Influencer if the service was rendered as described in the Service Page. Brands may rate their experience with the Influencer on the Order Page, including the overall level of service quality received.

    • Brands must use Grandee Help Center to address their concerns and desired resolution related to the service provided by their Influencer prior to contacting Customer Support. Customer Support will not take any action against Orders where the Brands failed to inform their Influencer of issues related to the Influencer’s service and will allow Influencers to provide a resolution first. This does not include non-permitted usage of Grandee.

    • Any non-permitted usage of Grandee encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Grandee’s Terms of Service.

    • Grandee Customer Support will cancel orders based on, but not limited to, the following reasons:

         

        • Active Orders (after the Brand submits their requirements and before the Influencer delivers on Grandee)

             

            • The Influencer is late and unresponsive for more than 72 hours while the order is already placed.

            • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

            • Users supplied or included copyright/trademark infringing materials as part of the Brand requirements or the Influencer’s delivery.

            • The user is no longer an active Grandee user due to Terms of Service violations or closure of their account.

        • Delivered Orders (after the Influencer delivered and before the order is marked as complete)

             

            • The Influencer uses the internal messaging system to extend the delivery due date to complete the requested service without providing the final delivered service to Brands. Note: Multiple reported offenses will result in permanent suspension of your account.

            • The Influencer delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.

            • The Influencer requests additional payments, on or off the Grandee platform, by withholding the final delivery of services directly related to the agreed requirements.

            • The Influencer is withholding the final delivery of services for improved ratings.

            • Brands who abuse the revision requests to gain more services from Influencers beyond the agreed requirements.

            • Brands who threaten to leave a damaging review to gain more services from the Influencer not related to the agreed requirements.

        • Completed Orders (after the order is marked as complete and before the 28 day limitation)

             

            • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

            • Brands who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Influencer’s Service Page and cannot be retroactively included once the order is completed for over 14 days.

Refunds

     

    • Grandee does automatically refund payments made for cancelled orders back to your payment provider. Grandee returns service fees to your Grandee Balance once an order is cancelled. In any event, if the service fees were not returned to your Grandee Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Grandee.

    • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

13. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Grandee feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the promotion of Listings via the Website. You may not use your User feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Grandee or its related entities, without our written permission.

14. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing description or blog, must relate to the item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by Grandee or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

15. Communication With Other Users

Communication with other users on the Website must be conducted through the text chat functionality, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.

Grandee may use information such as your name, location, display or username, and/or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

16. Identity / Know Your Customer

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver’s license). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Grandee Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided.

17. User Services

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a User, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Users may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Users is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Grandee and any User.

18. Refunds

If we agree to a refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our contact page. Once you have made a payment you expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

19. Inactive Accounts

User Accounts that have not been logged into for a period of time may be temporary closed, to save storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, file storage, message transmission, general administrative matters and message, until reactivated.

We reserve the right to close an Inactive Account.

20. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

     

    • if we determine that you have breached, or are acting in breach of this User Agreement;

    • if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;

    • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

    • you do not respond to account verification requests;

    • you do not complete account verification when requested within 3 months of the date of request;

    • you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;

    • to manage any risk of loss to us, a User, or any other person; or

    • for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to US$3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account..

21. Disputes With Us

If a dispute arises between you and Grandee, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by contacting us through our contact page.

For any claim, Grandee may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Grandee elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Grandee will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Grandee must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Grandee may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Grandee has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Grandee will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Grandee’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

23. Survival and Release

This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this document. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

24. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

     

    • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

    • interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

    • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Grandee and the appropriate third party, as applicable;

    • interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or

    • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

25. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

     

    • not having any outstanding listings on the Website;

    • resolving any outstanding matters (such as a suspension or restriction on your Account); and

    • paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

26. Privacy

We use your information as described in the Grandee Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online platform. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on payment.

27. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Grandee Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

28. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Grandee Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

29. No Warranty as to Each User’s Purported Identity

We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

30. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

     

    • the Website or any Grandee Services;

    • the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Grandee Services;

    • whether the Website or Grandee Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

    • whether defects in the Website will be corrected;

    • whether the Website, the Grandee Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website or Grandee Services;

    • any third party agreements or any guarantee of business gained by you through the Website or Grandee Services or us; or

    • the Website or Grandee Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

31. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

     

    • any indirect, special, incidental or consequential damages that may be incurred by you;

    • any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

    • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Grandee services again or the payment of the cost of having the Grandee services supplied again.

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

33. Notices

Legal notices will be served to the email address you provide to Grandee during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

Any notices to Grandee must be given by registered ordinary post (or if posted to or from a place outside Malaysia, by registered airmail).

This Agreement will be governed in all respects by the laws of Malaysia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Grandee irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

35. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

36. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

37. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

38. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

39. Additional Terms

It is important to read and understand all our policies as they provide the rules to use the Grandee Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Grandee Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

40. General

Grandee is located at Lebuh Sungai Pinang, 10300 George Town, Pulau Pinang (Malaysia). This Agreement contains the entire understanding and agreement between you and Grandee. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

41. Abusing Grandee

Grandee reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

     

    • use of our services for any illegitimate or non bona fide purpose

    • creating problems with other users or potential legal liabilities

    • infringing the intellectual property rights of third parties

    • acting inconsistently with the letter or spirit of any of our policies

    • abuse of any staff members including inappropriate or unreasonable communications

    • any attempt to use Grandee’s platform or services for any objectionable purpose

42. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us on our support page.

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