Introduction

Welcome to Goplanit (the “site”). Please read these terms carefully before using this Site or opening a Goplanit account (“Account”) as they contain important information regarding your legal rights, remedies, and obligations. Goplanit Sdn Bhd is a company in Malaysia (under registration number 202501003382 (1604795-U) ) whose registered address is 7­2, Plaza Danau 2, Jalan 2/109f, Taman Danau Selangor, Malaysia. Goplanit Sdn Bhd (hereinafter, “Goplanit”,”Goplanit.co”, “we” , “our” or “us”) is the owner of Goplanit, which an online platform that facilitates the listing of rental (including but not limited to event supplies (canopy, chairs, table, tableware, etc), event related services (event planning, event catering, space rental, etc), equipment, other event related equipment (collectively, hereinafter, “Listing” or “Listings”).

The Goplanit is built on confidence and respect for both the vendors and customers. Disputes are very unlikely to happen in the Goplanit, but if there are any issues, we will always do our best to help our vendors and customers to resolve them promptly and fairly.

The following terms and conditions, together with any documents they expressly incorporate by reference govern each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the Goplanit Marketplace website, including any subdomains thereof, and any other websites through which Goplanit makes the Goplanit Marketplace website available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through Goplanit.com or by Goplanit (hereinafter collectively, the “Goplanit Services”), whether as a guest or registered User. The Site, Application, and Goplanit Services together are hereinafter collectively referred to as the “Marketplace”. Goplanit’s Privacy Policy and Community Guidelines, and other terms applicable to your use of the Marketplace are incorporated by reference into these Terms of Service.

All the provisions in the Terms of Service, together with Goplanit’s Privacy Policy and Community Guidelines, constitute the “Agreement” between you and Goplanit. If you do not want to agree to these Terms of Service, the Privacy Policy, and the Community Guidelines, you must not sign up as a User of the Marketplace or access or use the Marketplace. The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the Agreement.

By accessing or using the Marketplace, including by communicating with us or another Goplanit Marketplace User, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (hereinafter, “Terms of Service” or “Terms”), whether or not you become a registered User of the Marketplace. When you sign up as a User of the Marketplace, you must agree to Goplanit’s Terms of Service, Community Guidelines, and Privacy Policy when prompted. The Terms constitute a binding legal agreement between you and Goplanit.

Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy.

Goplanit Marketplace reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING GOPLANIT SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. 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 HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET 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 DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

Goplanit Marketplace Nature of Service

Goplanit’s role

• Goplanit makes available to you an online marketplace (“Goplanit Service”) through which Vendors may make available rental of event supplies or/and sale of event services, to Customers upon approval by both the parties.
• Goplanit responsibility is to facilitate the availability of the marketplace, and act as a middleman only in respect of any transaction entered into between Vendors and Customers for the rental or sale of any product or service through the Goplanit Service. Any agreement for the transaction is between the relevant Vendor and Customer.
• While Goplanit undertakes to provide the Goplanit Service for the mutual benefit of both Customer and Vendor and has drawn up rules with that as its aim. Goplanit cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of the Goplanit Service.

Vendor’s Role and Responsibility

When you agree as the Vendor to rent an item or/and sell a service, you acknowledge that you are entering into a separate agreement with the Customer and that such agreement with the Customer includes a promise by you to comply with the Vendor’s terms and conditions.

You also acknowledge that the Customer is in no way acting under the control, or on behalf of Goplanit, that your agreement to rent or/and sell to the Customer is solely with the Customer, and you agree not to make any claim or assertion that Goplanit is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Customer.

You agree that you are solely responsible for your compliance with the Vendor’s Rules, fully liable for any non-compliance with the Vendor’s Rules and any compensation due to the Customer in respect of any such non-compliance, including ensuring that the item or service sold or rented matches the description in your listing. You further acknowledge that Goplanit does not have:

• Any responsibilities for your compliance with the Vendor’s Rules;
• Any obligation to underwrite any liability you may have for non-compliance; or
• Any obligation to compensate the Customer for any breach of your agreement with the Customer in any way.

Customer’s Role and Responsibility

When you agree as a Customer to borrow an item or buy a service from a Vendor, you acknowledge that you are entering into a separate agreement with the Vendor and that such agreement with the Vendor includes a promise by you to comply with the Vendor’s terms and conditions.

You also acknowledge that the Vendor is in no way acting under the control, or on behalf of Goplanit, that your agreement to rent an item or buy a service from the Vendor is solely with the Vendor, and you agree not to make any claim or assertion that Goplanit is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Vendor.

You agree that you are solely responsible for your compliance with Goplanit’s policies and its Vendor’s policy (as applicable), fully liable for any non-compliance with the policies, and any compensation due to the Vendor in respect of any such non-compliance, including the loss or damage to the item which you have rented. You further acknowledge that Goplanit does not have:

• Any responsibility for your compliance with the Goplanit’s policies and Vendor’s policy;
• Any obligation to underwrite any liability you may have for non-compliance; or
• Any obligation to compensate the Vendor for any breach of your agreement with the Vendor in any way.

Modifications to the Terms and Modification of Goplanit Service

We reserve the right to modify the Goplanit Service or revise and update the Terms (along with Goplanit’s Privacy Policy and Community Guidelines) from time to time, at our sole discretion. If we modify the Terms, we will update the “Last Modified” date in these Terms and post a notification on the Marketplace regarding the modification on the Marketplace. By continuing to access or use our Marketplace after we have posted a modification and/or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

All changes are effective immediately when we post them and apply to all access to and use of the Marketplace thereafter. If the modified Terms are not acceptable to you, your only recourse is to immediately stop using and accessing the Marketplace and close your Goplanit Account within 30 days, in which case the previously effective version of our terms will apply to you, unless you have used the Marketplace during the intervening 30-day period, in which case the new Terms will apply to you.

You hereby waive any and all claims and rights with respect to notice of changes to the Terms (along with Goplanit’s Privacy Policy and Community Guidelines) or other associated policies.

In addition, some services offered through the Marketplace may be subject to additional terms and conditions distributed by Goplanit from time to time and your use of such services is subject to those additional terms, conditions, and policies, which are incorporated into this Agreement by this reference.

Privacy

Your privacy is very important to us at Goplanit. To better protect your rights we have provided the Goplanit’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use 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:

• consent to Goplanit’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
• agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Goplanit; and
• shall not, 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 Goplanit’s prior written consent.

Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that they will:

• comply with all applicable personal data protection laws with respect to any such data;
• allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and
• allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

Limited License

Goplanit grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Goplanit and, where applicable, third party proprietors identified in the Site.

No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein.

By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content.

Account and Security

Some functions of our Services require registration for an Account by creating a username and password, and by providing certain personal information. If you select a username that Goplanit, in its sole discretion, finds offensive or inappropriate, Goplanit has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Goplanit has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

You agree to:

• keep your password confidential and use only your username and password when logging in,
• ensure that you log out from your account at the end of each session on the Site,
• immediately notify Goplanit of any unauthorised use of your Account, username and/or password, and
• ensure that your Account information is accurate and up-to-date.

You are fully responsible for all activities that occur under your Username and Account even if such activities or uses were not committed by you. Goplanit will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

You agree that Goplanit may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your Username, remove or discard from the Site any Content associated with your Account and Username, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and Username, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Goplanit deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:

• extended periods of inactivity, as determined by us from time to time,
• violation of the letter or spirit of these Terms of Service,
• illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour,
• having multiple user accounts,
• failure to make timely payment of any outstanding amount (or other obligation) owed to Goplanit or any of its Affiliates (subject to applicable law), or
• behaviour that is harmful to other Users, third parties, or the business interests of Goplanit.

Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Goplanit may terminate your Account immediately with or without notice.

Users may terminate their Account if they notify Goplanit in writing via email at support@goplanit.co of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), fulfilment of orders, payment for the product, or the like, and Users must contact Goplanit after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Goplanit shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Goplanit.

You may only use the Services and/or open an Account if you are located in Malaysia.

Goplanit grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are the property of Goplanit and, where applicable, third-party proprietors identified on the Site.

No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title, or interest therein.

By using or accessing the Services, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site, and its Content.

You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site, or its Content.

Term of Use

The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Goplanit may effect such termination with or without notice to you.

In order to use the Goplanit Service, you need to create an account to accept these Terms. To create an account you confirm that:

• You are at least over eighteen (18) years of age;
• You are or intend to be either the Vendor or Customer or both;
• You have the authority to enter into and/or accept the Terms;
• All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details through the Marketplace at any time;
• You will comply with the restrictions on your use of the Goplanit Service as set out in these Terms; and
• In relation to any material submitted to or posted to the Goplanit Service by you that you have the authority to or right to do so and have obtained all necessary licences and/or approvals as may be necessary.

As a condition of your use of the Goplanit Service, you agree that you will not:

• Breach or violate any applicable laws or regulations, third party rights and/or policies which you are subject to;
• Breach or violate any of the Terms;
• Breach or violate the Goplanit’s policies, when acting as the Vendor;
• Breach or violate the Goplanit’s policies and Vendor’s policies, when acting as the Customer;
• Post any threatening, abusive, defamatory, obscene, inappropriate and/or indecent material on the Marketplace;
• Upload, post, transmit, disseminate, distribute or otherwise communicate any false or misleading material or message of any kind on the Marketplace and/or Goplanit Service;
• Use the Goplanit Service to intentionally deceive other users;
• Infringe the rights of any third-party;
• Disassemble, decompile, reverse-engineer and/or create derivative works based on the whole or any part of the Goplanit Service;
• Distribute spam, chain letters, affiliate marketing, unsolicited commercial advertisements or promote pyramid schemes;
• Distribute any viruses or any other technologies that may harm Goplanit Service and/or the interests or property of Goplanit users;
• Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Goplanit Service;
• Copy, modify, or distribute any other users' content without their consent or prior notice;
• Use any robot, spider, offline readers, scraper and/or other automated means to access Goplanit Service and/or collect or otherwise misuse or misappropriate information or content for any purpose without our express written permission;
• Harvest or collect and/or otherwise utilize or publish any information about other users, including but not limited to names, addresses, phone numbers or email addresses, without their consent;
• Copy, modify or distribute rights and/or content from the Goplanit Marketplace or Goplanit’s copyright and trademarks;
• Bypass security measures used to prevent and/or restrict access to Goplanit Service;
• Rent or sell any counterfeit items and/or otherwise infringe the copyright, trademark or other rights of third parties;
• Leave any untrue and/or inappropriate feedback about any user and shall at all times use careful and good judgment in leaving any feedback; or
• Recruit, solicit, or contact via any medium, any users for employment or contracting for a business not affiliated with or appropriate for Goplanit Service without prior and written authorisation from Goplanit.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Goplanit, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Goplanit be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

You acknowledge that Goplanit shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Goplanit shall have the right to remove any Content:

• that violates these Terms of Service or our Prohibited and Restricted Items Policy;
• if we receive a complaint from another User;
• if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or
• if such Content is otherwise objectionable.

We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Goplanit or submitted to Goplanit, including, without limitation, information in Goplanit Forums and in all other parts of the Site.

You agree to compensate and defend Goplanit against any claims or legal proceedings brought against Goplanit by any other person as a result of your breach of these Terms.

Your account is personal to you and may not be transferred to or shared with others. You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Goplanit will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by Goplanit’s negligence.

You acknowledge, consent to and agree that Goplanit may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Goplanit or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• comply with legal process;
• enforce these Terms of Service or our Prohibited and Restricted Items Policy;
• respond to claims that any Content violates the rights of third parties, including intellectual property rights;
• respond to your requests for customer service; or
• protect the rights, property or personal safety of Goplanit, its Users and/or the public.

Violation of Our Terms of Service

Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

• Listing deletion
• Limits placed on Account privileges
• Account suspension and subsequent termination
• Criminal charges
• Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

If you believe a User on our Site is violating these Terms of Service, please contact support@goplanit.co.

Reporting Intellectual Property Rights Infringement

As stated above, Goplanit does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Goplanit in any way. Goplanit is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Site.

If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please submit a complaint via ipr@goplanit.co and provide us the documents to support your claim. Do allow us time to process the information provided. Goplanit will respond to your complaint as soon as practicable.

Complaints under this Section must provide at least the following:

• A physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
• A description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
• A description of the nature of alleged infringement with sufficient details to enable Goplanit to assess the complaint;
• URL(s) of the listing(s) which contain the alleged infringement;
• Sufficient information to allow Goplanit to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;
• A statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;
• A statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.

Goplanit acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, Goplanit generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.

Without limitation to the indemnity, each and every Vendor agrees to indemnify and hold Goplanit harmless from any and all claims, causes of action, damages and judgments arising out of or relating to:

• Any intellectual property infringement claim, complaint, or violation relating to any Content or product listings; and/or
• Any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.

Sale and Rental Payment

Goplanit supports one or more of the following payment methods:

At Goplanit, we prioritize your security and peace of mind. That’s why we’ve partnered with senangPay, a leading payment gateway known for its robust security measures and reliability. Whether you’re paying with a credit card, FPX or through other methods, senangPay ensures that your transactions are encrypted and safeguarded with the highest industry standards. Shop confidently, knowing your payment information is always protected.

Bank Transfer – Customers may make payments through an internet bank transfer (“Bank Transfer”) to our designated Goplanit Guarantee Account. Customers must provide Goplanit with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Goplanit’s platform as payment confirmation. If payment confirmation is not received by Goplanit within three (3) days, the Customer’s order will be cancelled.

Goplanit takes no responsibility and assumes no liability for any loss or damages to Customer arising from shipping/delivery information and/or payment information entered by Customer or wrong remittance by Customer in connection with the payment for the items purchased or rented. We reserve the right to check whether Customer is duly authorised to use a certain payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

Delivery/Pickup/Installation/Setup/Performance

Customers arrange for the pickup of their order with their vendor.

If the vendor arranges for the delivery, it should clearly be stated in the product listing.

Some items or services require vendors to perform performance and/or installation and/or setup and/or need their control over the product/services purchased by the customer.

Vendor shall prepare for the delivery or pickup of the purchased item(s) and/or services according to the information provided by Customer. Goplanit will inform Vendor when Goplanit receives Customer’s payment in order to arrange for the delivery of such purchased item(s) or services.

Vendor must use his/her best effort to ensure that Customer receives the purchased item(s) and/or services within the time stipulated in the order.

Users understand that the Customer bears all risk attached to the delivery or pickup of the rental item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the item(s). In the event where the rental item(s) is damaged, lost or there is a failure of delivery during the course of delivery, Users acknowledge and agree that Goplanit will not be liable for any damage, expense, cost or fees resulting therefrom. Goplanit and/or Customer will reach out to the logistic service provider to resolve such dispute.

Vendor acknowledges and agrees that if the Customer elects to engage a Delivery Partner to pick up a rented item, the Vendor shall make such rental item available for pick-up by the Delivery Partner within such timelines and in accordance with such procedures as may be notified by Goplanit from time to time. In the event of Vendor’s non-compliance with the foregoing, Goplanit may take such action or steps as it deems necessary at its sole discretion, including but not limited to: charging additional delivery fee to Vendor, cancellation of the relevant order, issuance of warnings, and/or suspension or termination of the Vendor’s Account.

Where the Customer elects to have a rental item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Customer, Vendor, and Goplanit in such proportions as may be determined by Goplanit and published on the Site from time to time. In case the Vendor chooses to charge a shipping fee, Goplanit shall:

• Collect the Customer’s proportion of the Shipping Fee from the Customer,
• Pay the total Shipping Fee to the Vendor.

If Vendor agrees for installation, setup, and dismantle, Vendor shall be responsible for installation, setup, and dismantle of rental items at the location agreed by both parties. Customer is responsible to safekeep and/or use the rental items in a manner instructed by the Vendor. The arrangement for the installation, setup, and dismantle shall be agreed upon and coordinated between both Vendor and Customer. Goplanit will not be liable for any damage, expense, cost, or fees resulting from any miscommunication between the Vendor and Customer.

If Vendor is carrying out any other services, Vendor shall take into consideration all the necessary costs associated to perform the services to the Customer, and charge accordingly in the listing.

Vendor's Responsibilities

Vendor shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount, and terms and conditions for rental and sales are updated on Vendor’s listing and shall not post inaccurate or misleading information.

Vendor shall also ensure that the Vendor properly and correctly categorises each product that the Vendor intends to list on the Site by following the guide in Goplanit Policies. Vendor acknowledges and agrees that the policies may be updated from time to time by Goplanit and the Vendor agrees to follow any updated policies thereafter. Vendor agrees that in the event a product is wrongly categorised, Goplanit may take such actions as may be necessary as provided in the Goplanit Policies. The Goplanit Policies may be updated by Goplanit from time to time. In the event of any dispute over the categorisation of products, the Vendor agrees that Goplanit has the final decision over the dispute.

The price of items for rental and sale will be determined by the Vendor at his/her own discretion. The price of an item for rental or sale, installation/setup/dismantle charges (if requested), transportation charges, travelling charges, shipping charges (if requested), and tax shall include the entire amount to be charged to Customer.

Vendor agrees that Goplanit may at its discretion engage in promotional activities to induce transactions between Customer and Vendor by reducing, discounting or refunding fees, or in other ways. The final price that Customer will pay actually will be the price that such adjustment is applied to.

Vendor shall issue receipts, credit card slips or tax invoices to Customer on request.

Vendor acknowledges and agrees that Vendor will be responsible for paying all taxes, customs and duties for the item and/or service sold and Goplanit cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Vendors are advised to seek professional advice if in doubt.

Vendor acknowledges and agrees that Vendor’s violation of any of Goplanit’s policies will result in a range of actions as stated in Section Violation of our Terms and Conditions.

Commission Fees

Goplanit charges fees for all successful transactions completed on the Site.

As for the Vendor, the Commission Fee is calculated by percentage based on the gross settlement price of the product (“Commission Rate”). The Commission Rate varies depending on the category of the product sold and is provided in the Goplanit Policies. Goplanit may amend the Commission Rate from time to time by announcing the amendment in the Goplanit Policies.

The gross settlement price refers to the final product price after deducting vendor vouchers and other vendor promotions (e.g. discounts). For the avoidance of doubt, the gross settlement price shall not be affected by promotions run by Goplanit.

The Commission Fee is subject to SST (“Tax Amount”), and the Vendor is responsible for such Tax Amount. At the moment, SST is not effective for Goplanit.

Following the successful completion of a transaction:

For Vendor: Goplanit shall deduct the Commission Fee and the Commission Fee Tax Amount (as applicable) from the Customer’s payment and remit the balance to the Vendor. Goplanit shall issue receipts or tax invoices on request.

Disputes

In the event a problem arises in a transaction, the Customer and Vendor agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Goplanit shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

Each Customer and Vendor covenants and agrees that it will not bring suit or otherwise assert any claim against Goplanit (except where Goplanit is the Vendor of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

Feedback

Goplanit welcomes information and feedback from our Users which will enable Goplanit to improve the quality of service provided. Please refer to our feedback procedure below for further information:

• Feedback may be made in writing through email or using the feedback form found on the Site.
• Anonymous feedback will not be accepted.
• Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
• Vague and defamatory feedback will not be entertained.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GOPLANIT OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOPLANIT DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

GOPLANIT HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR:

• THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR
• THE ABILITY OF VENDORS TO SELL ITEMS/SERVICES OR OF CUSTOMERS TO PAY FOR ITEMS/SERVICES.

IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE GOPLANIT FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

Exclusions and Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOPLANIT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

• (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
• ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GOPLANIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
• IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, GOPLANIT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE GOPLANIT PAYMENT GUARANTEE; AND (B) RM 100 (ONE HUNDRED RINGGIT).
• NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GOPLANIT’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF GOPLANIT THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

Links to Third Party Sites

Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Goplanit in any manner whatsoever and you therefore access them at your own risk.

Goplanit is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Goplanit is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Goplanit of any linked site and/or any of its content therein.

Your Contributions to the Services

By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Goplanit. You further acknowledge and agree that you:

• are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution; and
• will comply with the Goplanit Community Guidelines or any other guidelines issued from time to time, when using the Services.

You hereby grant Goplanit and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Goplanit by any means (each, a “Submission”), is not considered confidential by Goplanit and may be disseminated or used by Goplanit without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

By making a Submission to Goplanit, you acknowledge and agree that Goplanit and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Goplanit and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works).

This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

Third Party Contributions to the Services and External Links

Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Goplanit is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Goplanit responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Goplanit. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Goplanit has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

By using the Services, you agree that Goplanit shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Goplanit may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

Your Representations and Warranties

You represent and warrant that:

• you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
• 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.

Fraudulent or Suspicious Activity

If Goplanit, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Goplanit, other Customers or Vendors, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

• We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
• We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Goplanit;
• We may refuse to provide the Services to you now and in the future;
• We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Goplanit or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

• “Chargeback” means a request that a Customer 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 Customer or Vendor files directly with Goplanit.
• “Reversal” means the reversal of a payment by Goplanit because:

• it is invalidated by the sender’s bank,
• it was sent to you in error by Goplanit,
• the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card),
• you received the payment for activities that violated these Terms of Service or any other Goplanit policy, or
• Goplanit decided a Claim against you.

Indemnity

You agree to indemnify, defend and hold harmless Goplanit, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, 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:

• any transaction made on the Site, or any dispute in relation to such transaction (except where Goplanit is the Vendor in the transaction that the dispute relates to),
• the hosting, operation, management and/or administration of the Services by or on behalf of Goplanit,
• your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,
• your use or misuse of the Services,
• your breach of any law or any rights of a third party, or
• any Content uploaded by you.

Severability

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.

Governing Law

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 arising out of or relating to these Terms of Service against or relating to Pestamajlis 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 English.

General Provisions

Goplanit reserves all rights not expressly granted herein.

Goplanit 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 and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Goplanit) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Goplanit, nor does it authorise you to incur any costs or liabilities on Goplanit’s behalf.

The failure of Goplanit 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.

These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity.

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.

You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and 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.

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 via the channels provided below.

LEGAL NOTICES: Please send all legal notices to legal@goplanit.com.