Our Term of Services

Last Updated: 18th Feb, 2025

SFA Webysia Studios (003697094-D) (“Webysia”), provides an ecommerce solution under the brand Webysia that enables you to build an online store (“Store”) through which you may sell your products and services (“Webysia Services”).

By signing up for Webysia Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

1. Eligibility
   • Webysia Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, Webysia services are not available to persons under the age of EIGHTEEN (18) YEARS.
   • These Terms of Service are binding on you, the user, and such person, company, or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
   • Webysia uses many techniques to verify the accuracy of information provided when registering for Webysia Services and reserves the right to terminate the provision of Webysia Services to you if it believes for any reason that such information may be incorrect.

2. Features and Services
   • Webysia Services’ features (excluding payment gateway services and third-party plug-ins) are listed on the Webysia official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://webysia.com/pricing/
   • Webysia will inform you by email of important information such as service outages, updates, modifications, or new developments to Webysia Services and any changes to these Terms of Service.
   • Webysia may within THIRTY (30) DAYS’ notice to you:

• • • Modify or discontinue any or all aspects of the Webysia Services or restrict your use of Webysia Services in whole or in part for any reason at our convenience; or
    • Change our pricing or these Terms of Service.
• If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of Webysia Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.
• Webysia maintains a strict no-refund policy and does not provide refunds.

3. Customer Content and Intellectual Property Rights
   • Webysia does not claim any intellectual property rights over your information or material submitted to Webysia Services, and you retain ownership over and responsibility for your Store’s content.
   • However, you agree to grant Webysia the non-exclusive right and license to use your Store’s name, trademarks, and content on our Webysia website or in printed or online advertisements or other publications describing Webysia Services.
   • Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content, whether as author or having possession of the requisite distribution rights, licenses, or permission to use from the relevant owner(s).

• • • “Webysia” and its logos are trademarks of Webysia, and the compilation, collection, selection, arrangement, assembly, and coordination of all content available on the Webysia website are the exclusive copyright of Webysia.
    • You acknowledge that these Terms of Service do not grant you any title, proprietary right, or interest over Webysia Services’ software and technology, and any other ecommerce solutions or services provided by Webysia. You shall not perform or attempt to perform any of the following actions:

• • • • Subleasing or otherwise offering for access any of the Webysia Services to any third parties;
      • Reverse engineering, reverse compiling, or otherwise deriving the underlying source code, structure, or sequence of Webysia Services’ software and technology; or
      • Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).

4. User Restrictions and Indemnity
   • You shall not use Webysia Services in any manner that, as determined by Webysia in its reasonable discretion, whether actual or potential:

• • • Involves false, inaccurate, or misleading advertisement, is fraudulent, or involves the sale of counterfeit or stolen goods;
    • Infringes or misappropriates any person’s copyright, patent, trademark, trade secret, or other proprietary rights;
    • Violates any law, statute, ordinance, regulation, governmental guideline, or policy in your jurisdiction or in Malaysia;
    • Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten, or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
    • Is defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting, or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
    • Displays material containing pornography of any kind or any that exploits children under the age of eighteen (18) years; or
    • Displays content advocating, promoting, or otherwise encouraging violence against any governments, organizations, groups, or individuals, or cruelty towards animals, or that provides instruction/information or assistance in carrying out the same;
    • Accesses illegally or without authorization any computers, servers, accounts, or networks of Webysia or any other Webysia users, or attempts to hack into Webysia’s security systems, having Webysia host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks, or disrupting others from effectively using Webysia Services;
    • Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Webysia servers;
    • Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
    • Is harmful to Webysia servers (including without limitation overloading the Webysia Services’ servers or other technical infrastructure);
    • Involves activities in the nature of gambling, sweepstakes, raffles, or lotteries; or
    • Otherwise creates liability for Webysia or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Webysia operations, reputation, or goodwill.
      • Where your intended use of Webysia Services requires any license, consent, authorization, permission, or approval from any government, governmental, supranational, or trade agencies, courts, or other regulatory body (“Licence(s)”), you agree not to operate such business via Webysia without having first obtained the appropriate Licence(s).
      • You agree that your use of Webysia Services including information transmitted to or stored at Webysia servers is governed by our privacy policy at https://webysia.com/privacy-policy/
      • You agree to indemnify and hold Webysia, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonable legal costs and expenses), liabilities, or other expenses incurred or arising from:
    • Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret, or other proprietary rights); and
    • Your use of Webysia Services (including without limitation, from any of your Store’s content or any claims arising from the sale of goods or services on your Store).

5. Privacy Policy
   • Webysia values your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://webysia.com/pricing/
   • For your information, Webysia employs Secure Socket Layers (SSL) to protect all your personal information. Webysia uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

6. Cancellation of Your Account
   • You may cancel your account at any time by emailing us at support@webysia.com.
   • However, you acknowledge and agree that all Webysia subscriptions require a minimum commitment of twelve (12) months. Cancellation before the completion of the 12-month period is not permitted, and all fees for the remaining period will remain due and payable in full.
   • You agree that all fees paid are payable and fully earned upon your subscription and non-refundable in whole or in part under any circumstances upon your cancellation of your account.
   • You are fully aware that upon cancellation of your account, Webysia shall, at its sole discretion, process including deleting the data, information, documents, and files associated with your account and your use of the Store and Webysia Services.

7. Site Content Modification and Termination of Service
   • Webysia may make changes to your Store to rectify infringing content if you breach any of the provisions of these Terms of Service and:

• • • You fail to remedy it within the time period set out in our email notification to you; or
    • You fail to conform to the instructions in our notification to our absolute satisfaction.

• • You agree that Webysia shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section.
  • Webysia reserves the right to discontinue your use of any or all aspects of Webysia Services without prior notice if we have determined, at our reasonable discretion, that:

• • • You have breached any provision in our Terms of Service (including, without limitation, if we receive information that your use of Webysia Services is in violation of any third party’s intellectual property or other proprietary rights); or
    • It is necessary for security reasons or for the proper continuance of the operations of Webysia Services;
    • You are not using Webysia Services for a legitimate business purpose.

• • • • If at any time Webysia is unable to charge your credit card (e.g., your credit card information provided has expired) or if you otherwise fail to make any payment due to us and fail to remedy the same within FOURTEEN (14) DAYS from our notice, we may discontinue your use of any or all aspects of Webysia Services.
      • In the event Webysia discontinues your use of Webysia Services entirely for reasons outlined above:

• • • You agree not to re-register for or otherwise obtain access to Webysia Services without our written approval; and
    • Webysia reserves the right to delete your account (including any data file associated with your use of the Webysia Services).

8. Disclaimer of Warranties
   • Webysia provides its services on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage, or trade practice.
   • Without limiting the foregoing, Webysia gives no warranty:

• • • That Webysia and its other software or services will be error-free or uninterrupted;
    • Regarding uptime, use, data security, accuracy, and reliability of Webysia Services;
    • That our security procedures will prevent the loss of, alteration of, or improper access to your information;
    • In relation to any third-party offerings or products available via Webysia Services;
    • In relation to the availability of external sites or resources (normally provided in Webysia Services) or for any of its content, advertising, products, or other materials.

• • Webysia provides domain name registration and renewal services only as a value-added service to an active Webysia user. It is your responsibility to ensure that your domain(s) are renewed on time. Webysia does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.
  • You acknowledge and agree that this is a reasonable and essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.

9. Limitation of Liability

• • To the widest extent permitted by law, Webysia (including its directors, officers, employees, and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential, or other damages arising out of or in connection with your use of Webysia Services (however arising, whether as a result of your contractual relationship with Webysia or negligence).

10. Notice

• • Any notices in connection with Webysia Services or these Terms of Service will be sent by Webysia to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.

11. Assignment
    • You may not assign, transfer, or delegate your account or any rights or obligations under these Terms of Service.

12. Governing Law
    • These Terms of Service shall be governed by and construed according to the laws of Malaysia.

13. Force Majeure
    • Webysia’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by labor disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.

14. Miscellaneous
    • These Terms of Service do not create any relationship of agency, partnership, joint venture, employee-employer, or franchiser-franchisee between you and Webysia.
    • These Terms of Service, our Privacy Policy, and our terms and conditions set out at https://webysia.com/pricing/ represent the complete agreement between you and Webysia and supersede all prior agreements and representations.
    • If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law.”
    • No failure or delay on the part of Webysia to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.