EFPay - An efficient payment solution for SME in the fishing industry

Terms and Conditions

Basic Instructions

Definitions of terms used herein are as follows:
  1. The Website — the website address is the seafood trading network platform of www.efisheries.com, which is composed of a variety of picture elements and software

  2. ‘We’ or ‘Us’ — the main body that manages and operates the website, namely Sing Seng Enterprise Sdn. Bhd., our company registration number is 1160536-H

  3. You/ User — any natural person that uses or views the website

  4. Goods- seafood provided by the seller through the website, unless otherwise stated

  5. The Buyer — the party that purchases the goods

  6. The Seller — the party that supplies the goods

  7. Quotation — a user’s act of posting the goods to be sold or purchased on the website’s homepage through this website

  8. Bid — the act of the buyer or the seller of proposing the price he is willing to pay or receive from the other party to the trading before trading

  9. Invite to trade — the buyer or seller’s trading request to the other party of the transaction. The party that receives the invite to trade is entitled to accept or reject it

  10. The Trading Amount - the total price of or the payment for the goods

  11. Carrier — shipping company authorized by the buyer or seller to deliver the goods from the seller to the buyer

  12. Account — the user’s personal account, created by us after the user’s registration. The user can use his account to log in and use the services provided by the website

The right to access and use this website shall be granted by ‘Sing Seng Enterprise Sdn. Bhd.’, according to the following terms and conditions. Although we may without notice to you update these terms and conditions from time to time, you can always view the latest revision of these terms and conditions on this page.

By accessing and using the website, you confirm that you have read, understood, and accepted these terms and conditions and that you agree to abide by them and to comply with all applicable laws and regulations. You further agree to comply with all applicable laws rules and regulations regarding online conduct and acceptable content. You declare that you have the legal authority to accept these terms and conditions on behalf of yourself or any party you represent. If you do not agree to these terms and conditions, please do not use the website.

Terms of Use

  1. If you want to use the services or functionality provided by the website, you will need to register. In your application, you need to provide your personally identifiable information to complete the registration process, including your name, company address, email address, telephone number, and your company profile. We will evaluate all account application and decide whether to provide you with an account according to our own discretion or judgment.

  2. The user should use the website for legal and lawful purposes, and shall not engage in any activities that involve improper and illegal use of the website. Such activities specifically include uses and activities that
    (i) infringe the rights of others, interfere with or diminish the use and enjoyment of the website by others
    (ii) affect the content or nature of the technology of the website.

  3. We will take measures on a regular basis to improve the quality of the website operation but we do not guarantee that the website is without error or technical problems during use. When this happens, the user should report it to us through the customer service and we will set out to restore the operation of the site immediately.

  4. Unauthorized copying, display or other use of any content of this website is illegal.

  5. Any content of the website, including trademarks, pictures, descriptions and applications are protected by law. The use of all or part of the contents is unlawful, including but not limited to
    (i) unauthorized copying, display or other use of any content of this website.


Account Management

  1. To register, you must provide true account information to us. In the event there are any changes in the user’s information registered, the user should update the information without delay. You may not use any false email address or company address, impersonate any person or entity, or in any other way mislead us or users of the website.

  2. We have the right to access the user's registration information. If there be any questions or doubts concerning the registration information, we have the right to notify the user and to require the user to provide explanation, correction, or directly impose a penalty or delete such information.

  3. All accounts should be managed by the responsible person or an authorized person of the company. Unauthorized use of the website or any other user accounts may be sued for damages.

  4. Your login name and password must be kept confidential. You shall bear full responsibility for all consequences caused by leakage of the login name and password to third parties.

  5. You shall not transfer the account to anyone without our written permission.

  6. We shall have the right to log off the user's account at any time without notifying or providing any explanation to the user under the following circumstances:
    (i) We have reasonable grounds to suspect the user is in violation of the stipulated terms and conditions of the website.
    (ii) The user has acted in such a way that may result in indirect interference with the website structure (users do not have the right to enter the website structure), or the user's act has undermined the stability of the operation of the website (regardless of the manner and technology of such act).
    (iii) We find that the main content of the user’s registration information is false.

  7. We respect and protect the user's privacy; we will not voluntarily disclose such information as your registered user name, contact telephone number, address and other personal information to any third party without your personal permission or the mandatory provisions of the relevant laws and regulations. In the event any government agency or authority in accordance with legal procedures requires us to disclose personal information, we will provide personal data in accordance with the requirements of law enforcement agency or for the purpose of public safety, in the event of which we disclaim all liability and responsibility of disclosure.

Terms of Posting

  1. The seller shall provide clear, honest, and accurate description of the goods for sale and accurate and truthful information to all potential buyers.

  2. You shall not mislead or attempt to mislead users of this website in any way, including but not limited to:
    (i) Posting a quotation above the market price for the goods you are not willing to purchase, hoping to raise the price of the goods.
    (ii) Posting a quotation below the market price for the goods you are not willing to sell, hoping to lower the price of the goods.
    (iii) Creating false trading.

  3. You must remove all "obsolete" quotations posted at your store, which include the following circumstances:
    (i) You have sold the goods you posted at your store to another user.
    (ii) You have purchased the goods you needed from another user or through another channel.
    (iii) You have posted the goods for a long time, and the goods summary or description no longer conforms to the real condition of the goods.
    In order to provide you with a better user experience and trading platform, we will periodically check all quotations (posts) on the website and delete all quotations that we believe have been "obsolete" or are in violation of the terms of trading.

  4. You must not post excessive (more than three) quotations for the same goods within a short time. If a user deliberately posts excessive (more than three) quotations of the same goods within a short time (spamming), we have the right to freeze the user's account and according to the relative severity of the event impose a fine on the user to compensate for the time and effort we spend to clean up the website.

  5. Goods posted on this website is uploaded by the user for the trading of the goods and does not belong to the website. We shall not monitor or control goods posted by users, the information provided and the trading process as long as they do not violate the terms of the website. The website does not guarantee the quality, safety or legality of the goods.

  6. We do not impose any restrictions on any user and he can post any quotation on the website, but we reserve the right to remove any quotation (post) we believe to be in violation of the terms of trading.

Terms of Trading

  1. Pictures of goods provided on the website are for reference only, in order to let the users know the type of goods they themselves or other users are selling or purchasing. Due to packaging or other factors, the actual appearance of the goods and the goods available online may be slightly different.

  2. You should make your own judgment and assessment on the reliability of all the information posted on the website and bear all risk and responsibility. We shall not bear any liability or responsibility under any circumstance for all direct or indirect losses (refer to disclaimer) arising from the use or reliance on the information posted on the website.

  3. You must read the goods information provided by the other party carefully before submitting an invite to trade or bid, and if necessary, call or obtain the required goods information (such as the freshness of the goods) from the other party by email. The buyer should ask the seller to provide a written description or guarantee of the goods for sale (by message or e-mail), in order to avoid subsequent unnecessary disputes.

  4. Once the invite to trade you have proposed to other users is accepted (which will be displayed on the ‘Transaction History’ page), both the buyer and the seller must execute the trading and will be subject to a legally binding sale and purchase contract.

  5. We shall after the trading is concluded (to be displayed in the "Transaction History" page) deduct the trading amount from the buyer's account and twenty-four hours after the trading is concluded transfer the trading amount to the seller. The buyer shall before bidding (or sending an invite to trade) ensure that there is sufficient balance in the account, otherwise the seller will not be able to accept your invite to trade.

  6. We shall update the buyer account balance three days after the trading is concluded or when we confirm that seller has received the trading amount.

  7. The seller shall ensure that at the time of shipping of the goods to the buyer:
    (i) The condition of the goods is consistent with the condition you described on the website (displayed in the invoice and goods summary).
    (ii) The condition of the goods is consistent with the written description and guarantee you have provided to the buyer.
    (iii) The weight of the goods is sufficient.

  8. The seller shall ensure that the goods are packaged in an appropriate manner. If the packaging causes damage or deterioration of the goods, the buyer is entitled to require the seller to refund part of the money.

  9. Save and except there is in existence an agreement between the buyer and the seller, the buyer and the seller shall be subject to the following terms:
    (i) The seller shall deliver the goods to the buyer’s registered address of the website (displayed on buyers ‘About’ page)
    (ii) The seller shall within six hours after the trading is concluded issue the goods.
    (iii) The seller shall bear the costs of packaging of the goods.
    (iv) The buyer shall before (or within two hours after) the trading is concluded confirm with the seller the carrier of the goods and the manner of shipping the goods, otherwise the seller may choose any way to deliver the goods to the buyer.
    (v) The buyer shall bear the shipping cost of the goods.
    (vi) If the seller uses recyclable boxes to package the goods, the buyer shall return to the seller the boxes after the extraction of the goods, and the shipping charges incurred shall be borne by the seller.

  10. Upon delivery of the goods to the carrier, the ownership and risk of loss of the goods are shifted to the buyer. If the goods suffer damage (including but not limited to the occurrence of loss, theft, damage or loss of the goods) or cannot be delivered to the buyer at the appointed time due to the fault of the carrier, the seller shall not accept any liability or responsibility. The buyer has the right to claim damages against the carrier.

  11. The seller shall upon delivery of the goods require the carrier to sign an acknowledgement of the receipt of the goods (the quantity of the goods (the number of cartridges or boxes) must be stated), as proof that the seller has sent the goods to the buyer.

  12. The seller shall make every effort to send the goods to the buyer at the agreed date and time. However, for reasons wholly or partly outside the seller's reasonable control (force majeure) causing the seller to be unable to perform the trading (including but not limited to failure to deliver the goods), the seller shall not bear any liability or responsibility. These reasons include but are not limited to natural disasters, fires, floods, weather, and terrorism or shipping difficulties.

  13. The buyer shall ensure that the address provided upon registration of the account or the shipping address provided to the seller is correct and shall confirm with the seller after the trading of the goods is concluded the expected time of arrival of the goods to ensure the signing of the acknowledgment of the receipt of the goods upon their arrival. In the event the following conditions occur, the seller shall not bear any liability or responsibility:
    (i) After the seller has delivered the goods to the buyer's shipping address on the website or the address provided by the buyer, if the buyer indicates that he has not signed the acknowledgment of the receipt of the goods, the seller shall have reasonable grounds to believe that the signing by the person who made the order at the said address is valid.
    (ii) In the event the carrier is unable to find the person in charge at the address provided by the buyer to sign for the receipt of the goods, the seller has the right to decide how to dispose of the goods.
    (iii) In the event due to the buyer's acts or omissions the shipping is delayed, the buyer shall bear all liability and responsibility for the risk of loss during the period from the time the goods is delivered to the carrier until it is shipped and in addition the loss, theft, damage or loss of the goods.

  14. The buyer upon receipt of the goods should immediately check the goods. If within six hours after the receipt of the goods they are found to be incomplete or some parts are not delivered, or damage to the goods is caused during shipping, the buyer shall notify the seller immediately to seek resolution.

  15. If the buyer finds the goods provided by the seller do not exactly match the description on the website, including:
    (i) Description displayed in the invoice and goods summary
    (ii) All the product information and guarantee the seller has given to the buyer in writing (including any message or e-mail).
    (iii) Weight of the goods.
    The buyer shall notify the seller within six hours upon receiving the goods to seek resolution. The buyer is entitled to require the seller to refund all or part of the transaction amount. If there is sufficient evidence of a breach of any terms of trading on the part of the seller, we are in favour of the seller refunding all or part of the transaction amount to the buyer.

  16. We recommend that buyers and sellers resolve their own disputes. Unless there is sufficient evidence and it is within the scope permitted by law, we have no right to take any action against either of the parties to the sale (including mobilizing the balance in the seller or buyer’s account).

  17. If the buyer has sufficient evidence that the seller has breached any of the stipulated terms of trading on the website, and in the event the buyer has not received a reasonable reply after having informed the seller, the buyer shall within twenty-four hours after the trading is concluded or within six hours after receiving the goods report to us through customer-service, including but not limited to circumstances such as:
    (i) You have not received the goods within the agreed time.
    (ii) The condition of the goods does not exactly match the written description and guarantee provided by the seller.
    (iii) The weight of the goods you have received is insufficient.

  18. If the seller has not received the trading amount three days after the trading is concluded, the seller shall report to us through customer-service

  19. Based on the principle of protecting the interests of the majority of users, after receiving the user's report we have the right:
    (i) To temporarily freeze the amount of the transaction or related user accounts based on the prima facie evidence.
    (ii) To verify the identity information of the parties or require them to provide related supporting materials.
    (iii) To notify the buyer and seller in accordance with the contact provided by the user on registration. If within three days after we have issued the notice the buyer and seller do not make any response, or any of the parties is unable to provide detailed and valid information and supporting materials, we have the right at our sole discretion to decide to give all or part of the disputed amount to one or both parties to the transaction.

  20. If the buyer and seller have not reached an agreement, and after our intervention we are not able to determine who is responsible, the buyer and seller may bring the related dispute to court, thereupon we shall freeze the related transaction amount until the buyer and seller have reached an agreement on the matter concerned or a court ruling is made on the dispute, in which case we shall not bear any liability or responsibility.

  21. When we have sufficient evidence to prove that any party to the sale is in violation of any of the terms of trading, we shall have the right to terminate or cancel the trading.
    (i) If we have sufficient evidence to prove that the seller is in violation of any of the terms of trading, the goods the seller sends to the buyer shall be confiscated (if the trading has taken place), and the buyer doesn’t have to pay the transaction amount to the buyer.
    (ii) If the seller has not violated any of the terms of trading, and the buyer does not pay the transaction amount to the seller three days after the trading is concluded, we have the right to use the buyer’s account balance to pay the transaction amount to the seller.

  22. If we have dealt with the disputed trading in accordance with our own judgment and any party to the trading disagrees with the result, he may within the effective period take legal action against the other party, and with a valid and effective court order he can claim for damages from the other party to the trading.

  23. In principle, we will not entertain any report made to us by the buyer twenty-four hours after the trading has occurred.

  24. We will back up all reports and regularly check users’ credit history. In the event we find any user repeatedly violating the terms of trading, we shall have the right to freeze the said user account on the website.

  25. No person is entitled to require the seller to comply with any term or condition other than those stipulated in this Agreement. If the buyer does not agree that any term and condition of this Agreement should be binding upon both parties to the trading the buyer shall immediately inform the seller of the same.

  26. The stipulated terms of trading are subject to the laws of Malaysia.

Terms of Payment

  1. The account balance is the money that you deposit in our bank account as a margin (or Mortgage Payments), you are allowed to withdraw these money anytime that you want.

  2. In order to avoid unnecessary disputes, we will receive or pay all amounts (top up or withdrawal) on the website through the bank account of our registered company (Sing Seng Enterprise Sdn. Bhd.). This will allow us to track all payments through the bank statements.

  3. In the event of any circumstance involving cash transactions, we shall require the signing of receivables or proof of payment by the parties involved in the transaction.

  4. We will store the balance in the user's account in the bank account of the registered company (Sing Seng Enterprise Sdn. Bhd.) of this website and will not use any of the funds in this account.
    This bank account is:
    Account Name : SING SENG ENTERPRISE SDN. BHD.
    Account Number : 508186516567

  5. We will not pay any interest on the balance in the user's account.

  6. We will back up all users’ payment records to ensure that in case due to equipment failure, equipment upgrades or the equipment or devices being attacked or human factor, all or part of the stored payment records of users using the web service are delete, lost or become irrecoverable, the account balance can be returned to the user according to the backup records.

Withdrawal

  1. When you submit your application for withdrawal of payment, you can choose your proposed means to receive payment (bank transfer, cash or others), but we reserve the right to choose any means by which to pay your claim.

  2. You can submit your withdrawal request at any time, we will make our decision (to accept or reject) within one working day after receiving your withdrawal request.

  3. We shall within two working days after receiving your withdrawal request transfer the amount you have requested to withdraw into the bank account you have provided during registration.

  4. We have the right to refuse your withdrawal request in the following cases:
    (i) You do not have sufficient account balance
    (ii) You have requested the withdrawal of the amount involved in a dispute, and the amount involved in the dispute falls under the following circumstances:
    (ii)(i) We have reasonable grounds to suspect the amount of money involves a trading that is in violation of the terms of trading.
    (ii)(ii) Other users have made reports to us about the trading the amount of money involves.
    Once we have proven that the trading concerned does not violate any of the terms of trading or the buyer and seller have reached an agreement on the dispute, we will transfer the said amount to the seller or the buyer (according to the agreement made between the buyer and seller).

Top Up

  1. You must transfer the amount you want to top up from the bank account you have provided upon your registration into the bank account of the registered company of the website (Sing Seng Enterprise Sdn. Bhd.) (you may pay by check), and we will within one working day after the receipt of payment update your account balance.

  2. If you use another account or cash to top up, you must include your user name when you deposit the top up amount into our account. We will update your account balance within one working day after the receipt of payment.

  3. We have the right to confiscate the money the user has paid into our account and donate the amount to charity under the following circumstance:
    (i) The user does not specify a user name when he tops up by using other accounts (i.e. not the bank account provided during registration) or cash. Provided the user can provide evidence of the remittance of the amount, the said amount will be confiscated.

  4. The bank may impose additional cost for top up through credit card; debit card or bank transfers (such as processing fee), and all these fees shall be borne by you.

Disclaimer

  1. We will strive to provide correct and complete information on our website. However, we disclaim all liability and responsibility for the validity, completeness, correctness, legality, accuracy, and reliability of the information.

  2. In the event the website is required to suspend service as a result of system maintenance or upgrades, we will announce in advance, but we reserve the right to add, edit, change, or delete website information or content on our own accord without any prior notice.

  3. Under all circumstances, we disclaim all liability and responsibility for non-service or service delay due to information network equipment maintenance, information network connection failure, computer, communications or other system failures, hackers, computer viruses, power failures, strikes, labor disputes, riots, insurrection, riot, lack of productivity or production, fires, floods, storms, explosions, war, governmental actions, commands of judicial and administrative organs, third party etc., and other behaviours we cannot predict or control, but we will endeavour to reduce the losses and impact thus caused to you.

  4. You should promptly save or backup your transaction records, payment records, and other information. In the event due to equipment problems such as our limited storage facilities, equipment failure, equipment upgrades, equipment or devices under attack or human factor, you shall bear the risk of the information or data you store by using the web service being wholly or in part deleted, damaged, or lost or irrecoverable, save and except the liability set forth in clause 5 of 'Terms of payment’, we disclaim any other liability or responsibility.

  5. We only provide users with a trading platform, and we disclaim all liability or responsibility for the legitimacy, authenticity, and quality of the trading goods posted by users, and the ability of users to perform their trading. If users suffer damage or loss as a result of using the website or of engaging in any trading transaction through the website, we shall not be liable for any direct, indirect, incidental, special, derivative or punitive damages (even if we have been advised of the possibility of the aforesaid damages).

  6. Furthermore, we disclaim all liability and responsibility for any loss and damage caused by any accident, negligence, contract damage, defamation, infringement of copyright or intellectual property rights arising from the use of the website (including infection by computer virus while downloading).

Waiver

  1. You hereby consent and agree to let us post on the website your basic account information (company name, person in charge, telephone, and e-mail address), and further agree not to make any legal claim or take any legal action against us for any disputes and damages directly or indirectly caused by this Agreement.

  2. We only provide a platform for information exchange, goods trading, and act as the exchange intermediary between buyers and sellers; we are not an interested business party such as buyer or seller’s agent, partner, employee or employer, etc. You hereby consent and agree not to claim against us for any legal liability and compensation for any direct, indirect, tangible or intangible losses resulting from the use or reliance on the website information, including but not limited to:
    (i) Loss of goodwill anticipated to be retained or saved, business or income losses
    (ii) Loss of profit or anticipated revenue or charge for use or other expenses
    (iii) Loss of reputation
    (iv) Fees generated in the process of the user attempting to enforce any of his rights under this clause (including any legal fees and paid fees)
    (v) Loss or damage suffered by the trading goods as a result of consequential damages (whatsoever and howsoever caused) or indirect, special or consequential damages related to the trading goods or other claims.

  3. This clause may be amended by the website at any time, and the revised terms shall be announced on the website. The content of the revised terms shall take effect from the time of announcement, and shall become part of this Agreement. By using the website, you agree to comply with any of the said amendments and to periodically visit this page to determine the latest terms of the website that you need to comply with.