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LICENSEE'S TERMS AND CONDITIONS

1. INCORPORATION OF TERMS AND CONDITIONS

1.1 These are the terms ('Terms and Conditions') on which CASH DEAL SDN BHD (Company Number 929192-K) ('Company') operates its BOSS Venture (which excludes VIP Shoppers). They do not affect your statutory rights. They are designed to set out clearly the Company's responsibilities and your rights. As such, it is imperative that you read and understand these Terms and Conditions. By signing up as a Licensee, you agree to be bound by these Terms and Conditions, the Privacy Policy and the Terms of Use of the Website .

1.2 If you would like to buy products and services on the Website as a VIP Shopper ('VIP Shopper'), please click here to go to the Company's application form and VIP Shopper's Terms and Conditions .

2. DEFINITIONS

2.1 In these Terms and Conditions, the following expressions shall have the following meanings:

'Account' means account as defined in Clause 4.3.

'Advertisement' means an advertisement placed by you in the BOSS MALL section of the Website.

'Boss Venture' means BOSS Venture business with the corresponding rights set out in these Terms and Conditions including, but not limited to those specified in Clause 3.3.

'Commission' means commission as defined in Clause 6.2.

'Email' means email as defined in Clause 4.4.

'Intellectual Property Rights' means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

'License Fee' means license fee as defined in Clause 3.3.

'Licensee' means you a company or entity who has signed up as a Licensee of the Company and for which the Company has accepted you as a Licensee by [sending you an Email confirmation that your registration to become a VIP Shopper has been successful].

'Password' means password as defined in Clause 4.4.

'Registration Form' means registration form as defined in Clause 4.1.

'Username' means username as defined in Clause 4.4.

'VIP Shopper' means a person who has duly completed the Company's Registration Form to join as a VIP Shopper.

'Website' means website with the domain name http://www.BossVenture.com.

3. BOSS VENTURE LICENSE AND ELIGIBILITY

3.1 You must not be a minor in your jurisdiction. Where you are a resident in Malaysia, you must be aged at least 18 years in order to join the BOSS Venture.

3.2 To verify your age and identity, the Company reserves the right to request proof of identity from you including PayPal details.

3.3 To join the Boss Venture, you must pay the Company a one-time license fee

3.4 The BOSS Venture offers you the following:

3.4.1 subject to having a valid PayPal account, the opportunity to sell products and services from the VIP Shoppers; 3.4.2 a loyalty rebate of 5% of the Licensee Fee each month for a period of 12 months and/or a further variable incentive at the Company's discretion based on performance of the BOSS MALL; and

3.4.3 Such other incentives, facilities and/or services which the Company may make available from time to time to Licensees.

4. REGISTRATION, NUMBER OF ACCOUNTS AND CANCELLATION RIGHTS

4.1 To join the BOSS Venture as a Licensee, you must register yourself by filling up the registration form [make registration]

4.2 You must complete all the mandatory fields in the Registration Form and you undertake to complete the Registration Form with true and accurate information about yourself at all times. Failure to do so may result in your membership being suspended or cancelled.

4.3 Upon completing the Registration Form, an account ('Account') will be created for you.

4.4 Once your account is opened, you will be provided with a username ('Username') and password ('Password') in order to operate the Account. Such Username and Password will be sent to your nominated email address as specified in the Registration Form ('Email'). Your Account and Username may not be transferred or sold to another party without the prior written consent of the Company.

4.5 You are entitled to create and/or open only one Account unless otherwise authorised by the Company in writing. In the event you create more than one Account without the Company's authorisation, the Company reserves the right to suspend and cancel such Account without liability to the Company

4.6 You are solely responsible for the security of your Username and Password and must not disclose your Username and Password to anyone. You must inform the Company immediately if you've Username and Password has been compromised.

4.7 You have the right to cancel your Account with the Company at anytime by providing the Company with written notice. You may also provide the Company with such notice by emailing the Company at [contact us].

4.8 You undertake to promptly inform the Company of any changes to such information provided by you to the Company by updating the details in your Account.

4.9 The Company reserves the right to suspend and/or cancel your Account which has been inactive for more than 12 months. The Company will use reasonable endeavours to contact you prior to such suspension and/or cancellation via email which will be sent to your nominated Email. If the Company receives a response from you informing the Company that you wish to keep your Account, the Company will not suspend or cancel your Account. If the Company does not receive any response from you within 14 days from the date of attempted contact by the Company, the Company will suspend or cancel your Account. For the avoidance of doubt, the Company will not be liable to you for suspending and/or cancelling your Account in such circumstances.

5. LICENSEE TERMS OF USE

5.1 You agree that you will not:

5.1.1 post Advertisements in an inappropriate category or areas on the BOSS MALL section of the Website;

5.1.2 violate any laws, the Company's or Intellectual Property Rights, third party Intellectual Property Rights or other rights, the Privacy Policy and the Terms of Use of the Website or the Company's policies posted on the Website;

5.1.3 use the services provided by the Company via the BOSS Venture if you are temporarily or indefinitely suspended from the Website;

5.1.4 fail to supply your products and/or services purchased, unless the VIP Shopper fails to meet your terms and conditions in relation to your supply of products and services, or you cannot authenticate the VIP Shopper's identity;

5.1.5 manipulate the price of any products and/or services or interfere with other Licensee's Advertisements;

5.1.6 circumvent or manipulate the Company fee structure, the billing process, or fees owed to the Company;

5.1.7 post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

5.1.8 distribute or post spam, chain letters, or pyramid schemes;

5.1.9 distribute viruses or any other technologies that may harm the Website, or the interests or property of VIP Shoppers or other Licensees;

5.1.10 copy, reproduce, modify, create derivative works from, distribute or publicly display any content relating to the BOSS Venture from the Website and the Company's Intellectual Property Rights in contravention of the Terms of Use of the Website;

5.1.11 harvest or otherwise collect information about VIP Shoppers or other Licensees, including email addresses, without their consent;

5.1.12 take any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure; or

5.1.13 Interfere or attempt to interfere with the proper working of the BOSS Venture or any activities conducted on the Website.

5.2 You agree that you will report problems, offensive content and violations of the Company's Intellectual Property Rights, third party rights, the Privacy Policy and the Terms of Use of the Website or the Company's policies to the Company.

5.3 You acknowledge that the Company may limit, suspend, or terminate your Account, prohibit access to and use of the services provided by the Company via the BOSS Venture, delay or remove hosted content, and/or take technical and legal steps to keep you off your Account or access to and use of the services provided by the Company via the BOSS Venture if the Company reasonably considers that you are in breach of these Terms and Conditions, the Privacy Policy and the Terms of Use of the Website and/or the Company's policies posted on the Website.

6. PRICE AND PAYMENT

6.1 The License Fee to join the BOSS Venture is set out on the Website. The License Fee shall be payable to the Company upon the creation of the Account.

6.2 The Company's commission from your sale of products and services are set out on the Website. The Company shall deduct the Commission and pay the balance to you on a monthly basis.

6.3 Unless otherwise agreed by the Company, all payments made by cheque must be in Ringgit Malaysia. For your own protection, please do not send payment in cash

6.4 Subject always to Clause 6.5, the Company accepts payment via PayPal. The Company does not keep VIP Shopper's personal and/or transaction details as its secure payment-processing provider processes them. The Company does not guarantee that all details the VIP Shopper provides for the purpose of processing the purchase of your products and/or services are correct, that the PayPal account the VIP Shopper is using is their own, and that there are sufficient funds to cover the cost of your products and/or services.

6.5 While the Company endeavours to ensure that the services provided by the Company is secure and/or is available 24 hours a day, the Company will not be liable if for any reason, the security of such services is compromised and/or is unavailable at any time or for any period.

6.6 The Company does not review the Advertisements placed by you on the Website. As such, the Company has no control over the quality, safety or legality of the items advertised the truth or accuracy of your listings and/or your abilities. As such, you should take such precautions as is necessary in order to protect your interest as the Company is not liable for any damages and/or losses which you may suffer.

6.7 Please note that any transactions/contracts you make with a VIP Shopper are strictly between you and that VIP Shopper. As such, if you have a dispute with a VIP Shopper, you agree that you will have no recourse and/or claims against the Company and that you release the Company and (as the case may be) the Company's parent, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including legal fees of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have any grievances, you should take those directly with the VIP Shopper in question. The Company is only acting as your agent for the purposes of collecting payment from the VIP Shoppers in respect of the products and/or services which you have sold to the VIP Shopper in question.

6.8 The Company makes no warranty that the BOSS Venture will meet your requirements, be uninterrupted, timely, and secure or error free. The BOSS Venture and all information in relation to the BOSS Venture is provided 'as is' without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose. All such warranties are excluded to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

6.9 You may have your own applicable terms and conditions in relation to your supply of products and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.

7. COMPETITIONS AND PRIZE DRAWS

7.1 From time to time, the Company may organise competitions or prize draws. Such competitions and prize draws will be governed by separate terms and conditions which would set out the terms and conditions accordingly.

7.2 Unless otherwise stated in the relevant rules pertaining to such competitions or prize draws:

7.2.1 the Company excludes liability for any loss or damage suffered whether loss of opportunity, loss of goodwill and/or reputation and/or damage to property to the fullest extent permitted by law; and

7.2.2 Any decision made by the Company in relation to the winners of such competitions or prize draw shall be final and no appeals shall be entertained.

8. AMENDMENTS TO THESE TERMS AND CONDITIONS

8.1 The Company reserves the right from time to time to amend these Terms and Conditions at its discretion.

8.2 Where the Company exercises its right under Clause 8.1, the Company will post the amended Terms and Conditions on the Website. Unless otherwise stated, all amended Terms and Conditions shall automatically be effective 3 days after they are posted. Additionally, the Company will notify you of such amendments by sending you an email to your nominated Email address prior to such amendments coming into force. You will be deemed to have accepted such amendments in the absence of written notice by you to the contrary. If you decide not to accept such amendments, please notify the Company at info@bossventure.com and we will close your Account. These Terms and Conditions may not be otherwise amended except in writing signed by you and the Company.

9. TERMINATION

9.1 Membership as a Licensee may be terminated forthwith by either party via written notice in the event of the following:

9.1.1 if the other party is in material breach of these Terms and Conditions, the Privacy policy and/or Terms of Use of the Website provided that if the breach is capable of remedy the notice of termination shall only be given if the party in breach shall not have remedied the same within 28 days of having been given notice in writing specifying the breach and requiring it to be remedied; or

9.1.2 if the other party is unable to pay its debts or enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed for its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts; or where the other party is an individual, such party is bankrupt.

9.2 The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. The Company does not guarantee it will take action against all breaches of these Terms and Conditions

9.3 Termination of your membership shall not affect the accrued rights of the parties arising out of these Terms and Conditions, Privacy Policy or Terms of Use of the Website as at the date of termination.

9.4 All provisions of these Terms and Conditions, Privacy Policy or Terms of Use of the Website which in order to give effect to their meaning after termination shall remain in full force and effect after termination.

10. LIMITATION OF LIABILITY

10.1 IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY USE, ERRORS, SECURITY AND/OR UNAVAILABILITY OF THE SERVICES PROVIDED BY THE COMPANY VIA THE BOSS VENTURE, PURCHASE OF ANY PRODUCTS OR SEVICES VIA THE WEBSITE, OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF A BARGAIN, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR EQUIPMENT E.G. MOBILE PHONE OR OTHERWISE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 SUBJECT ONLY TO CLAUSE 10.1, THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THESE TERMS AND CONDITIONS AND/OR PRIVACY POLICY SHALL BE LIMITED TO:

10.2.1 RM250.00 IN RESPECT OF ANY MATTER FOR WHICH THE COMPANY DOES NOT CARRY INSURANCE; OR

10.2.2 THE INSURED VALUE FOR SUCH MATTER FOR WHICH THE COMPANY CARRIES INSURANCE.

10.3 You agree to indemnify and hold the Company and (as the case may be) the Company's parent, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including legal fees, arising out of or in connection with your breach of these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website (as the case may be) and/or your violation of any law or the rights of a third party.

11. ASSIGNMENT

11.1 The Company shall be entitled to assign, license or sub-contract to any third party the benefit and/or burden of these Terms and Conditions, Privacy Policy or Terms of Use of the Website as the case may be.

11.2 You are not entitled to assign, license or sub-contract to any third party the benefit and/or burden of these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website without the prior written consent of the Company.

12. FORCE MAJEURE

12.1 Neither party shall be in breach of these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website if there is any total or partial failure of performance of its duties and obligations under these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website (as the case may be) occasioned by any act of God, fire, act of government or state war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy, inability of the Company's subcontractors to provide the Company with services which would impact on these Terms and Conditions, Privacy Policy, Terms of Use of the Website and/or any other cause beyond the control of either party.

13. ILLEGALITY

13.1 If any provision or term of these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website shall become or be declared illegal, invalid or unenforceable for any reason, such term or provision shall be divisible from these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website (as the case may be and shall be deemed to be deleted from these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website (as the case may be) provided always that if such deletion substantially affects or alters the commercial basis of these Terms and Conditions, Privacy Policy and/or Terms of Use of the Website (as the case may be) the Company shall be entitled to forthwith terminate your VIP Shopper's membership without liability

14. NO AGENCY

14.1 No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms and Conditions.

15. NOTICE AND DISPUTE

15.1 The Company is always interested to get your feedback or comments. If you need to contact the Company, please email the Company at info@bossventure.com.

15.2 If you have any disagreement or are dissatisfied with the Company, please contact the Company at info@bossventure.com. The Company will use reasonable endeavours to resolve such disagreement or dissatisfaction.

16. GENERAL

16.1 The headings in these Terms and Conditions are inserted for convenience only and shall not affect its construction.

16.2 Where appropriate words denoting a singular number only shall include the plural and vice versa.

16.3 Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.

17. GOVERNING LAW

17.1 You agree that these Terms and Conditions and Privacy Policy shall be exclusively governed in accordance with the laws of and the courts in Malaysia.