Terms & Conditions

WEBSITE TERMS AND CONDITIONS
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (herein also referred to as “you”); and Penang
Furniture & Timber Industry Association (PPM0040728011975) (herein also referred to
as “PFTIA”, “we,” “us” or “our”), concerning your access to and use of the Penfurnex
website- www.penfurnex.com.my; as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site” or “Platform”).
You agree that by accessing the Site, you have read, understood, and agree to be bound
by all of these Terms and Conditions. If you do not agree with all of these Terms and
Conditions, then you are expressly prohibited from using the Site and you must
discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the right,
in our sole discretion, to make changes or modifications to these Terms and Conditions
at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed
of updates. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms and Conditions by your continued
use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to register for the Site.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other intellectual property
rights and laws of Malaysia, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms and Conditions, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.

USER REPRESENTATION
By using the Site, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such
registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms and Conditions;
4. you are not under the age of 18;
5. not a minor in the jurisdiction in which you reside;
6. you will not access the Site through automated or non-human means, whether through
a bot, script, or otherwise;
7. you will not use the Site for any illegal or unauthorized purpose;
8. your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).

USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve
the right to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree NOT to:
1. systematically retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written
permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
3. use the Site to advertise or offer to sell goods and services unless authorized to do
so.
4. circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of abuse or
misconduct.
8. engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and extraction
tools.
9. interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
10.attempt to impersonate another user or person or use the username of another user.
11.sell or otherwise transfer your profile.
12.use any information obtained from the Site in order to harass, abuse, or harm another
person.
13.use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
14.decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Site.
15.attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
16.harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
17.delete the copyright or other proprietary rights notice from any Content.
18.copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
19.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting
of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of
the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
20.upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
21.except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
22.disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
23.use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you thereby represent
and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these
Terms and Conditions.
3. you have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms and
Conditions.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation or rule.
10.your Contributions do not violate the privacy or publicity rights of any third party.
11.your Contributions do not include any offensive comments that are connected to race,
national origin, religion, gender, sexual preference, or physical handicap.
12.Your Contributions do not otherwise violate, or link to material that violates, any
provisions of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and
may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site (or making Contributions accessible
to the Site by linking your account from the Site to any of your social networking accounts),
you automatically grant, and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to monitor your
Contributions.

GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review,
you must comply with the following criteria:
1. you should have firsthand experience with the person/ entity/ item being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or
hate language;
3. your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements;
8. you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-Party
Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your account on
the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or
our access to such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("ThirdParty Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement thereof by us. If you
decide to leave the Site and access the Third-Party Websites or to use or install any ThirdParty Content, you do so at your own risk, and you should be aware these Terms and
Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between
you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any
losses sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.

THIRD PARTY VENDORS (SELLERS)
You acknowledge that Third Party Vendors (also referred to as Sellers) list and sell
Products (which by definition here also includes services) on the Platform. For the
avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s
Products to a Customer (referred to as Buyer) shall be an agreement entered into directly
and only between the Seller and the Buyer. You further acknowledge that Sellers may
utilize paid services offered by Penfurnex to occupy certain product listing slots within
your search results on the Platform.

ADVERTISERS
We allow advertisers to display their advertisements and other information in certain
areas of the Site, such as sidebar advertisements or banner advertisements. If you are
an advertiser, you shall take full responsibility for any advertisements you place on the
Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights.

SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. monitor the Site for violations of these Terms and Conditions;
2. take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms and Conditions, including without limitation, reporting such user to
law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems;
5. otherwise manage the Site in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Site.

PRIVACY POLICY
We care about data privacy and security. Please read and understand our Privacy Policy
on this Site (Click Here). By using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms and Conditions.
Please be advised the Site is hosted in Malaysia. If you access the Site from any other
region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in Malaysia, then through your
continued use of the Site, you are transferring your data to Malaysia, and you expressly
consent to have your data transferred to and processed in Malaysia

USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing
the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from any such loss or
corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.

SELLER RELATED GENERAL TERMS AND CONDITIONS
For those who are interested to sign up as a Seller, you are advised to read and
understand the full Penfurnex Online Market Place Seller’s Agreement, together with the
“Website Terms and Conditions” and “Seller Related General terms and Conditions”
contained herein. You will be asked to acknowledge the said agreement upon signing up
as a Seller. For more information or to sign up, click here (link to sign up as Seller page)
Platform Services to Seller
Penfurnex provides a platform for third-party sellers and buyers to complete transactions.
Except as set out in the Agreement, Penfurnex is not involved in the actual transaction
between Seller and customers. As owner or providers of the Goods and vendor thereof,
it is up to Seller to, among others, ensure the sale is legally authorized, accurately
describe the Goods, package, ship, insure, warrant and fulfill all other sale and after sale
obligations applicable by law or by trade. Seller uses the services, the Platform and Seller
Center, at its own risk.

Services provided by Penfurnex under the Agreement are classified as general consisting
in:
1. the listing and publishing of content materials regarding the Goods on the Platform;
2. limited Customer care services;
3. collection, reconciliation and execution of all Sales Proceeds as payment processing
agent for seller.
Penfurnex will provide support services to Seller by way of coordinating and answering
Customer inquiries. Seller agrees that Penfurnex may provide Seller with electronic
documents such as tax invoice, receipt, credit note, debit note, or any other document
Penfurnex may issue in compliance with the Laws.
Sales Proceeds- Payment
Penfurnex may delay, suspend or cancel any payment in cases where Seller breaches
any term of the Agreement or Customer Agreement; and any Payment made to Seller will
not in any way be considered as a waiver of Penfurnex’s rights.
If Penfurnex concludes that Seller's actions and/or performance in connection with
Agreement or the Customer Agreement are likely to result, or have resulted in Customer
disputes. Disputes, chargebacks or other third party claims, or if there are any sums owed
by seller to Penfurnex, then Perfurnex may, at its sole discretion, withhold any Payment
for the longer of:
1. the minimum suspension period; or
2. the completion of any investigation regarding seller's actions or performance; or
3. the resolution of any dispute.
Penfurnex reserves the right to impose limits on Order Quantity, on Customers or on
Seller and will not be liable if:
1. Perfurnex does not proceed with an Order that would exceed said limit; or
2. Penfurnex allows a Customer to cancel an Order because the Platform or the Goods
are unavailable following the commencement of a transaction.
Any inquiry or dispute about any Payment will be made by in compliance with the Return
& Refund Policy of Penfurnex, which may be changed from time to time.

Seller Undertakings and Obligations:
As a Seller authorized to sell goods on the platform, the Seller must endeavor to:
1. obtain all necessary rights, licenses, permits or approvals required for the offer,
advertising and sale of the Goods on or through the Platform prior to their listing and
will provide, as such time as Penfurnex may so request, copies of these documents.
2. ensure that any information provided under this Agreement, including for the listing
(including the Content Materials) of the Goods, is accurate, current, and complete and
is not misleading or otherwise deceptive.
3. fulfill all orders for Goods at their stated quantity and price to Customers who meet
Penfurnex's eligibility conditions.
4. provide in the format and at such times as Penfurnex may require, accurate, updated
and complete information about the availability status, stock level and listing price of
the goods.
5. ensure that the Listing Price for any good offered to Customers will not exceed the
price offered by seller outside the Platform for the same product in like or lesser
quantities under similar terms and where a lower price is so offered, ensure that the
Goods benefit from that lower price.
6. ensure that any person filling-in or signing any document, operating the Seller Center
account, or handling the Goods and Products, on behalf of Seller (other than a
Penfurnex employee, contractor or agent, or a third party specifically mandated by
Penfurnex) has full power and authority to do so on behalf of seller. Seller may not
dispute the actions of such person insofar as they are in apparent compliance with the
Agreement.
7. promptly notify Penfurnex of any actual or potential recall, or safety alert, relating to
the Goods sold on the Platform, and provide all necessary assistance to Penfurnex in
connection with such recall or safety alert.
8. if required by law, take out appropriate insurance covering the events mentioned
above as well as any other obligation under this Agreement.
Undertakings In Relation to Goods
Seller will provide the goods and products with all legally required documentation
(including warranty card, warranty information and invoice) and update the same when
legally required.
It will provide Penfurnex and/or Customer any document pertaining to the sale of the
goods or customer agreement (including sales invoice and tax invoice), as may be
requested by Penfurnex and/or Customer.
Seller’s Responsibility On Personal Data
Seller undertakes, represents and warrants that it will use and process Personal Data:
1. only for the purpose of the execution of the Agreement or Customer Agreement and
not disclose it to third parties;
2. in accordance with the requirements under the applicable personal data protection
law; and
3. in such manner that ensures Penfurnex remains in compliance with the requirement
under the applicable personal data protection laws.
Seller further warrants that it does implement sufficient security measures to ensure that
the Personal Data are securely kept and maintained as required by the applicable
personal data protection law and agrees to subject itself to the necessary audits
undertaken by Penfurnex to ensure compliance of the above warranties and to
immediately inform Penfurnex of any Personal Data incident it becomes aware of. Seller
agrees to indemnify and hold harmless Penfurnex and each of its respective officers,
employees, directors and agents from, and at Penfurnex’s option defend against, any and
all liens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands,
defenses, judgements, suits, proceedings, costs, disbursements or expenses of any kind
or of any nature whatsoever (including third party claims, reasonable attorney’s, fees,
consultants’ fees, experts' fees and other costs of litigation) (""Personal Data Claims""),
to the extent such Personal Data Claims arise from or may be in any way attributable to:
i) any violation of the Agreement or the Customer Agreement by Seller; ii) the negligence,
gross negligence, bad faith or intentional or willful misconduct of Seller or its
subcontractors (whether or not approved by Penfurnex); or iii) any security incident for
which Seller is directly or indirectly responsible.

Termination
Penfurnex has the right to unilaterally and immediately terminate the Agreement upon the
occurrence of any of the following:
1. Seller being in breach of any provision of the Agreement and failing to remedy the
same within fourteen (14) days from being so notified;
2. the Seller being in "breach of any applicable laws or Penfurnex’s Policies with respect
to Goods and sales of Goods.
3. Seller passing a winding up resolution or a court "of competent jurisdiction making an
order for the same;
4. the issuance of an administrative order in relation to Seller, or the appointment of a
receiver over, or an encumbrance taking possession of, or the of selling any of, Seller’s
assets;
5. Seller making an arrangement or composition "with its creditors generally or applying
to a court of competent jurisdiction for protection from its creditors;
6. Seller ceasing or threatening to cease to carry on business Provided they have not
been corrected by Penfurnex within fourteen (14) days from notifying Penfurnex of the
occurrence of any of the following,
Seller may terminate the Agreement by providing thirty (30) days’ prior written notice to
Penfurnex.
Upon termination of the Agreement, Seller will notify Penfurnex of all concluded Customer
Agreements which have yet to be performed. For the avoidance of doubt, notwithstanding
any termination for any reason, Seller will remain responsible for the fulfilment of any
pending Order; and Penfurnex will fulfil any pending Payment obligations.
Payment
Unless otherwise agreed in writing, Payments will be made by Penfurnex to Seller on a
monthly basis in respect of Orders that have been delivered or completed by the
reconciliation cut-off date. The Order status on Seller Center may be subject to delays
on weekends, public holidays, caused by third parties, or factors outside of Penfurnex’s
reasonable control.
From time to time, Penfurnex may offer promotional and goodwill rebates or discounts to
Seller in respect of any part of the Fee. The terms of such rebate or discount are
determined by Penfurnex at its sole discretion. Where required by law, Penfurnex may
generate an invoice by the Seller to give effect to the rebate or discount. If Penfurnex is
held liable for any taxes on behalf of the Seller, or as a tax agent of the Seller, in
connection with any Order or Payment, the Seller will indemnify Penfurnex for such tax
liability or compliance costs, irrespective of when the tax liability is assessed.

Penfurnex shall have the right to set off any amounts owed by Penfurnex to Seller against
any amounts owed by Seller to Penfurnex, including any such amounts under other
accounts or shops owned by the same Seller.
Commission and Payment Fee
Commission rates are as indicated herein or in Seller Center. Penfurnex may provisionally
reduce Commission rates for certain Goods from time to time. The Payment Fee shall be
three percent (3%) for PFTIA members/ 5% non PFTIA members (exclusive of any taxes
such as Consumption Tax which shall also be borne by Seller).

DISPUTE RESOLUTION
Save as provided in the Terms, any difference, controversy, or claim, arising between the
Parties will be settled by arbitration, in English, in Penang, and in accordance with the
rules of the Asian International Arbitration Centre (AIAC). Furthermore, the arbitral
tribunal will consist of a sole arbitrator, to be designated by the Chairman of the AIAC.
Any award by the arbitration tribunal will be final and binding upon the Parties.
The arbitrator will award to the prevailing Party, if any, the costs and attorneys’ fees
reasonably incurred by such Party in connection with the arbitration. If the arbitrator
determines a Party to be the prevailing Party under circumstances where the prevailing
Party won on some but not all of the claims and counterclaims, the arbitrator may award
the prevailing Party an appropriate percentage of the costs and attorneys’ fees
reasonably incurred by the prevailing Party in connection with the arbitration.
Notwithstanding the foregoing, in the event either Party believes that it may suffer
irreparable harm prior to the resolution of any conflict by following the arbitration
procedures established herein, such Party may apply to a court of competent 

jurisdiction
for a restraining order or other equitable relief in order to prevent or alleviate such harm
pending the arbitration. The Parties agree that this paragraph will not operate as a request
that the court abstain from accepting jurisdiction or from granting appropriate orders which
the court may deem necessary or appropriate to protect the interests of the Parties.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Site, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior
notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
Penang Furniture & Timber Industry Association (PPM0040728011975)
B. Terms & Conditions (2.0)
21
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) your Contributions; (2)
use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your
representations and warranties set forth in these Terms and Conditions; (5) your violation
of the rights of a third party, including but not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Site with whom you connected via the
Site.
Penang Furniture & Timber Industry Association (PPM0040728011975)
B. Terms & Conditions (2.0)
22
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site
constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms and Conditions shall not operate
as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms and Conditions and does not affect the validity and
enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms and Conditions or use of the Site. You
agree that these Terms and Conditions will not be construed against us by virtue of having
drafted them.
You hereby waive any and all defenses you may have based on the electronic form of
these Terms and Conditions and the lack of signing by the parties hereto to execute these
Terms and Conditions.
Penang Furniture & Timber Industry Association (PPM0040728011975)
B. Terms & Conditions (2.0)
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CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Penang Furniture & Timber Industry Association (PPM0040728011975)
Correspondence Address:
Phone Number:
Fax Number:
Email: penfurnex.pg@gmail.com