The Future Commerce Sdn Bhd (“AVANA”) is a service provided to you under the terms and conditions of this Merchant Agreement (“Agreement”). AVANA reserves the right to change or modify any or all parts of the Agreement at any time. You will receive notice of such changes by email at least 30 days prior to AVANA implementing the relevant changes to the Agreement.
By accepting the terms and conditions of the Agreement you represent and warrant that you are 18 years old or older; agree to provide true, accurate, current and complete information about yourself as prompted by the account registration form; and agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, AVANA has the right to terminate your account and refuse any and all current or future use of the service.
By completing the account registration process with your signature at the end of the document, you agree to be bound by the Agreement. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account at any time.
AVANA offers a Facebook commerce solution to facilitate the creation and maintenance of online stores (“Store”) for the sale of goods or services.
You acknowledge and agree that you will be responsible for all goods and services offered in your store, all materials used or displayed at the store, and all acts or omissions that occur at the store or in connection with your account or password which at all times shall be in accordance with the terms and conditions of this Agreement
You agree to display in the store your contact information, including but not limited to your company name, physical address, and e-mail address. You also agree to update such information to keep the information accurate and current.
You represent and warrant that you have full power and authority under all relevant laws and regulations:
You represent and warrant that you will not engage in any activities:
AVANA reserves the right to refuse to host or continue to host any Store which it believes, in its sole discretion violates the letter or spirit of the User Agreement.
You agree that by using the service, you grant AVANA, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your Store. You grant AVANA the right to maintain such content on AVANA's servers during the term of the Agreement.
Should you opt for the premium services offered by AVANA, you shall pay AVANA a fee as set forth in the AVANA fee schedule. AVANA may upon 30 days prior notice to you alter its fee schedules and terms of the Agreement.
The term of the Agreement shall commence on the date that you open an account for your store. The term shall automatically renew for successive periods, unless notice of non-renewal is provided. To qualify for each renewal you must at the time of renewal be in compliance with the terms and conditions of the Agreement and have your fees paid in full.
AVANA shall have the right, but not the obligation, to review any store for compliance with the Agreement as part of the renewal process.
Either party, in its sole and absolute discretion, may give notice of non-renewal with or without cause and without stating any reason. Any notice of non-renewal must be given at least thirty (30) days prior to the end of the term.
Either party may terminate the Agreement if the other party has materially breached or is otherwise not in compliance with any provision of the Agreement. AVANA reserves the right to immediately suspend any customers’ access to the Store until noncompliance is cured.
Notwithstanding the foregoing, AVANA may, but has no duty to, immediately terminate your account and remove your store from AVANA servers if AVANA in its sole discretion concludes that you are engaged in illegal activities or the sale of illegal or harmful goods or services, or are engaged in activities or sales that may damage the rights of AVANA or others.
AVANA may immediately terminate your account and remove your store from AVANA’s servers if AVANA in its sole discretion concludes that you have breached the terms and conditions of this Agreement. You may be granted the opportunity to remedy the breach within thirty (30) days and request for a reinstatement of the Store by AVANA. AVANA shall have full discretion whether the breach has been successfully remedied to warrant the reinstatement.
Upon termination, AVANA reserves the right to delete from its servers any and all information contained in your account, including but not limited to order processing information, inventory and product descriptions, and any web pages generated by the software.
You agree that AVANA may disclose your information in the good faith belief that such action is reasonably necessary: to comply with the law or to comply with legal processes.
You are entirely responsible for any and all activities that occur under your account. You agree to allow no other person or company to use your AVANA account, and to notify AVANA promptly if you have any reason to believe that the security of the account has been compromised.
You acknowledge and agree that technical processing of your information is and may be required for the service to function. You also acknowledge and agree that AVANA may access your account and its contents as necessary to identify or resolve technical problems or respond to problems with the service.
You agree to post a privacy policy in your store that, at a minimum, discloses any and all uses of personal information collected from users by you. A hyperlink to your privacy policy will be posted on all pages of your store. You agree to use personal information only as expressly permitted by your privacy policy. (AVANA will provide a sample privacy policy for your use and AVANA will place the hyperlink on the pages for you)
You can obtain assistance with any technical difficulty that may arise in connection with your utilization of the Facebook store services by requesting assistance by email at support@avana.asia
You agree to indemnify and hold harmless AVANA, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the service, the goods or services offered at your store, any alleged violation of the user agreement, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your store.
The service and software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of your ability, fitness for a particular purpose or non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the online store services will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. AVANA and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if AVANA is aware of the risk of such damages, that result in any way from your use or inability to use the online store services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the online store or the software. AVANA’s liability to you shall not, for any reason, exceed the aggregate payments actually made by you to AVANA.
Neither party shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to AVANA, such notices shall be addressed to support@avana.asia or The Future Commerce Sdn Bhd, B-3A-17 Menara Prima, Jalan PJU 1/39 Dataran Prima, 47301 Petaling Jaya. Any communications to you will be addressed to the electronic mailing address specified when you opened an account with AVANA or as updated.
The Agreement constitutes the entire agreement between the parties and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
The laws of Malaysia shall govern the Agreement and the relationship between you and AVANA. AVANA's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.
This Privacy Policy governs the manner in which The Future Commerce Sdn Bhd (AVANA) collects, uses, maintains and discloses information collected from users (each, a "User") of the www.square.my or www.avana.asia website or AVANA application ("Site"). This privacy policy applies to the Site and all products and services offered by The Future Commerce Sdn Bhd.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
The Future Commerce Sdn Bhd collects and uses Users personal information for the following purposes:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies.
The Future Commerce Sdn Bhd has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
The Future Commerce Sdn Bhd
Support hotline: 014 977 4275