These Terms of Service (“Terms”) govern your use of the website and services (collectively, the “Services”) provided by Spartext (as defined below).
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials.
By using the Services inr any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Spartext reserves the right to change or modibfy these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
Spartext is an independent company and is not a representative of any university.
Use of the Services
Subject to your compliance with these Terms, Spartext grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Spartext or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Spartext.
- Use any proprietary information or interfaces of Spartext or any other intellectual property of Spartext in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Authorise or encourage anyone to do any of the foregoing.
If you are a seller, you will need to have an account with Spartext (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are individual, you are at least 18 years of age.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities under your Account. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Comply with Spartext’s policies and all applicable laws with respect to your activities and the Content which you upload to the Services.
You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user’s Account without their permission.
We collect information you directly provide to us, such as when you create or modify your account, buy or sell books, contact customer support, or otherwise communicate with us. This information may include but not limited to: name, email, phone number, address, bank account numbers (for the purpose of releasing funds to sellers from Spartext, payment method, items requested, and other information you voluntarily provide.
Spartext is a platform
The Services provide a venue for users to buy and sell university materials. Spartext does not pre-screen a user or the Content provided by a user, nor is Spartext directly involved in transactions between users. Consequently, Spartext has no control over, and you agree that Spartext is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
- Accidents or crime that will happen during delivery of products
The Services allow users to creating listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Spartext does not pre-screen Content uploaded by users. Spartext shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Spartext shall have the right to remove Content in any of the following events:
- If the Content is in breach of these Terms.
- If the Content is more than 12 months old.
- If Spartext has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
- If the Content contains personal information of Seller.
- Spartext may also block Content as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
Selling and Buying on Spartext
In using the Services to create a listing and offer an item for sale, you agree to comply with the following:
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item.
- All items must be listed in the appropriate category such as school and year.
Without prejudice to the rest of these Terms and Spartext’s policies, you warrant, in respect of each item which you offer for sale on the Services, that:
- You are the owner of the item, and the item is not stolen.
- The item is genuine, not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
All offers made and accepted through the Services are binding.
If you are a seller:
- You authorise Spartext to collect payment on behalf of you.
- Upon confirmation of order, you agree to meet up with the buyer to complete the transaction in a prompt manner unless there is an exceptional circumstance, or you cannot authenticate the buyer’s identity.
- You must respond, communicate and deliver the book to the buyer within 14 days starting from the day you receive the new order notification from Spartext
- Failure to fulfill the above terms may result in the payment being refunded to the buyers.
- You agree that Spartext will hold your sales profit until the transaction is completed and the money will be transferred within 10 business days to the bank account you provided when you signed up. If false payment details such as bank account name or bank account number is provided which will lead to payment failure, Spartext reserves the right to impose a fine up to Ten Percent (10%) of the amount of your sales profit.
- You agree that a fine of RM10 will be imposed on your next successful transaction if the buyer is not satisfied with the product with a valid reason.
- For each Sale of Products executed, you agree to pay Spartext an amount equal to Ten Percent (10%) of the total Profit per said Transaction as administration and advertising fee.
If you are a buyer:
- You authorise Spartext to collect payment on behalf of the seller.
- You agree to complete the transaction in front of the seller by clicking the ‘Satisfied’ or ‘Not Satisfied’ options sent to you via email.
- You have the rights to reject the product on the spot when meeting with the seller if the seller has committed a dishonest act.
- You agree that Spartext will not process a refund for an order that is made by mistake.
- You agree that Spartext will hold the payment of the transaction and will release the payment to the sellers after you complete the transaction. Spartext aims to protect every buyer by holding the money on behalf of buyers.
- It is your responsibility to perform your own verification before you buy and also during delivery of the books. If you are not satisfied with the product, you agree to cooperate with an investigation carried by Spartext to provide truthful information of the transaction. If the refund is approved, Spartext will refund the money back to the Buyer without any additional charges within 15 business days. If the refund does not arrive after the next two months, please contact your issuing bank or party directly for support.
In communicating with a user through the Services for the purchase or sale of an item (“Transaction”), you may obtain personal information of that user, such as their email address and phone number. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Spartext. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Spartext. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Spartext.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
Reporting Unauthorized Content
Spartext respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please contact us at firstname.lastname@example.org to report the same to us.
Spartext reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
Suspension and Termination
Spartext reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You may correct your information at any time by logging into your account. If you wish to terminate your account, please email us at email@example.com. You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and secretion.
Spartext does not represent or warrant that:
(a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data;
(b) the Services will meet your requirements or expectations;
(c) errors or defects in the Services will be corrected; or
(d) the Services and Spartext’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Spartext is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Spartext or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Spartext has no obligation to support or maintain the Services.
Spartext disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Spartext is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
Limitation of Liability
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.
IN NO EVENT SHALL SPARTEXT OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SPARTEXT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPARTEXT’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF MALAYSIAN RINGGIT ONE ONLY (RM1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Spartext, its subsidiaries, affiliates, partners, licensors and employees and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from:
(a) your use of the Services;
(b) your Content;
(c) any use of your Account;
(d) your breach of these Terms;
(e) your breach of any statutory requirement, duty or law; or
(f) your violation of any rights of another person or entity.
Spartext does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Spartext and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Collection of Computer Data not necessarily Personal Information
When you visit Spartext, our website servers may automatically record information that your browser sends whenever you visit a website. This data may include:
- Your computer’s IP address
- Browser type
- Webpage you were visiting before you came to our website
- The pages within Spartext that you visit
- The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics
- App crashes and other system activity
This information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service.
Analytics and Advertising Services Provided by Others
You and Spartext are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Spartext to exercise a right or require performance of an obligation in these Terms shall not affect Spartext’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Spartext and supersedes all prior or contemporaneous understandings and/or agreements between you and Spartext.
List Your Books and Get RM50 Voucher Campaign
Sellers will obtain a RM50 voucher when they list at least ONE product.
The voucher will be emailed to the seller.
The voucher will expire on 31 Dec, 2019.
Updated on Feb 22th, 2019