Terms & Conditions

ERYN SIGNATURE MARKETPLACE TERMS OF USE

Please read these terms of use carefully before using the website offered by g Eryn Signature By visiting and using the Erynsignature Site(as hereinafter defined), you agree to these terms of use which you acknowledge represents a legally binding agreement between you and us. If you have any questions, please refer to the FAQ section of the GEMFIVE Site.

These Terms of Use consist of the following sections:

1. The Eryn Signature Marketplace

1.1 Who we are

The Eryn Site is operated by Eryn Signature ,No.18 , Jalan Teknology 3/6D The Core, Kota Damansara, 47810 Petaling Jaya, Selangor, MALAYSIA. 

1.2 Use of Erynsignature Site

These Terms and Conditions of Use (“Terms of Use”) apply to you when you visit or shop at the Erynsignature Site, use Erynsignature applications for mobile, use Erynsignature products and services or use software provided by Erynsignature in connection of any of the foregoing. This Erynsignature Site is the property of Erynsignature and its licensors. By visiting and using the Erynsignature Site in any manner including but not limited to visiting or browsing the Erynsignature Site, you agree to these Terms of Use including those additional terms and conditions, and policies referred to here and/or available by hyperlink which you acknowledge represent a legally binding agreement between you and Erynsignature. These Terms of Use apply to all users and visitors of the Erynsignature Site, including but not limited to users who are merchants, sellers, customers, buyers, contributors of content, information and other services and materials on the Erynsignature Site. If you are agreeing to these Terms of Use on behalf of or as a representative of a company or other organisation, you represent that you have the authority to bind that company or organisation to these Terms of Use, and the terms “you” and “your” will refer to that company or organisation. Erynsignature Site services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws. If you are a minor, being someone who is under 18 years old, you can only use the Erynsignature Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the Erynsignature Site, you represent and warrant that you are 18 years or above. If you do not agree to these Terms of Use, do not have that authority, or are a minor and have not obtained the prior consent of your parents or guardian, do not use the Erynsignature Site. By using the Erynsignature Site, you understand that any information you send to the Erynsignature Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted. Additional terms and conditions may apply to the purchase of Products and to specific portions or features of the Erynsignature Site, including promotions, contents or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including where applicable, representing that you are of a sufficient legal age to use or participate. You may not use the Erynsignature Site, Erynsignature Marketplace or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or solicit the performance of any illegal activity or other activity which infringes Erynsignature’s rights or rights of third parties. All rights not expressly granted to you in these Terms of Use are reserved and retained by Erynsignature or its licensors. The right and licence granted to you in these Terms of Use will be terminated if you do not comply with these Terms of Use. Erynsignature may at its sole discretion refuse to offer access to or use of the Erynsignature Site to any person or entity and may change the eligibility criteria at any time without notice to you.

1.3 Definitions

These definitions apply in these Terms of Use unless the context requires a different interpretation: “Affiliates” means any corporation, company, partnership, joint venture and/or firm which controls, is controlled by, or is under common control with a member of the Darbi Resources. For the purpose of this definition, “control” means the power, directly or indirectly, to appoint a majority of the directors or trustees of the other member, or to otherwise direct or cause the direction of the management, policies or power of the other member, whether through the ownership of voting shares, by appointment of directors, by contract or otherwise.

“Confidential Information” includes but is not limited to:


i) discoveries, ideas, concepts, designs, devices, drawings, materials, specifications, techniques, models, data, documents, processes, procedures, “know-how”, improvements, budgets, projections, forecasts, marketing and development plans, and financial information expressed, described or stored in any form provided by a party;

ii) non-public information reasonably designated as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential including but not limited to customer information and employee information; or

iii) any information marked “Confidential” or “Confidential Information” by a party.

“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the Erynsignature Site.

“country” means the country or countries where Erynsignature provides related services o enable customers to purchase the Products on the Erynsignature Site.

“Erynsignature Marketplace” means the e-commerce platform for merchants, Erynsignature and customers to market, advertise, promote, list, negotiate and complete sale and purchase transactions on the said platform.

“Erynsignature Seller Centre” means the seller centre operated by Erynsignature for merchants to inter alia manage products and orders, review transactions and sales activities and upload profile content. “Erynsignature Site” means the websites and social media networking websites, sites, applications and/or accounts under the Erynsignature brand. This includes but is not limited to the Erynsignature Marketplace, Erynsignature Seller Centre, Erynsignature journal and Erynsignature pages and posts hosted on third party social media sites.

“F&B Product” means any dining, food, beverage, supplement and/or diet menu, coupon, voucher, deal and/or package (including its express terms and conditions, and all other matters incidental thereto) offered for sale and distribution by the merchant on the Erynsignature Site to customers from time to time subject to these Terms of Use.

“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formula, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof.

“Product” means any goods, product or service (including F&B Products and Travel Products) offered for listing, marketing, advertising, promotion, negotiation, sale or distribution on the Erynsignature Site to customers from time to time subject to these Terms of Use.

“Travel Product” means any travel, holiday, recreational, adventure and/or tour ticket, voucher and/or package (including its express terms and conditions, and all other matters incidental thereto) offered for sale and distribution by the merchant on the Erynsignature Site to customers from time to time subject to these Terms of Use.

1.4 Changes to Terms of Use

Erynsignature reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use from time to time. Your continued use of the Erynsignature Site following the posting of these changes means that you agree to and accept the changes.


2. Applicable Policies

These Terms of Use shall be read together with the following policies:

  • Privacy Policy;
  • Copyright Policy;
  • Prohibited or Restricted Activities and Products Policy;
  • Cancellations and Returns Policy; and
  • Statement of Intellectual Property Rights.
2.1 Privacy Policy

Erynsignature’s Privacy Policy applies to the use of the Erynsignature Site and its terms are part of these Terms of Use by this reference. Please refer to Erynsignature’s Privacy Policy.

2.2 Copyright Policy

The Erynsignature Site and all Contents of the Site are Intellectual Property of Eryn Signature © 2016. All rights reserved. Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only;
  • and you may copy the Content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.

2.3 Prohibited or Restricted Activities and Products Policy

You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section. Erynsignature may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time. You must not inter alia:

  • involve the sale of products or services that have a high likelihood of being fraudulent; violate applicable laws or industry regulations regarding the sale of tobacco products, health, medicinal or prescription drugs and devices;
  • engage in transactions relating to the infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  • engage in activities that encourage, promote, facilitate or instruct others to engage in an illegal activity;
  • engage in activities that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  • offer or engage in activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes; and
  • list, market, advertise, promote, negotiate, complete sales and purchase, and otherwise deal with any product prohibited or restricted in this policy.
The following products are prohibited to be listed, transacted or otherwise dealt with on the Erynsignature Site:

  • artefacts, cultural relics, historical grave markers, gold, silver, other precious metals (not including jewellery and watches), rare animals and related items that are protected under the laws of any country and jurisdiction;
  • currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form and other securities, and equipment used to produce such items, including counterfeit of the items;
  • stolen goods and products including digital and virtual goods and services; narcotics, steroids, poppy seeds, certain controlled substances or other products that present a risk to consumer safety;
  • drug paraphernalia including but not limited to items used for ingestion of illicit substances such as water pipes, chamber pipes, ice pipes, bongs, carburettor pipes etc.;
  • prescription drugs, psychotropic drugs and veterinary products and drugs; unauthorised medical devices;
  • products that are ethnically or racially offensive; military ordnance, ammunition, firearms, or any related parts or accessories;
  • air guns, BB guns, paintball guns, spear guns, stun guns, harpoons or any other weapons that may discharge a projectile containing any chemicals, gas or explosive substances;
  • certain weapons or knives regulated under applicable law; tobacco products including but not limited to cigars, cigarettes, pipe tobacco, hookah tobacco, cigarette tobacco, chewing tobacco and tobacco leaf; nicotine or liquids for use in electronic cigarettes;
  • certain sexually oriented materials or services including sexual enhancement foods or supplements;
  • products that are similar to or claim to be governmental identification documents or licences such as drivers licences, passports, visas, and birth certificates;
  • government uniforms or articles of clothing that are similar to government uniforms;
  • hazardous or dangerous materials or products containing harmful substances;
  • any human, human body or any human body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm;
  • any animal, animal body or any animal body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm (excluding fashion products made from selected animal skin);
  • any form of invoices or receipts; job postings for recruitment of employment or contract workers;
  • medical or health services including but not limited to rehabilitation, vaccination, counselling, plastic surgery, massages, traditional Chinese medication and any other medical treatment;
  • products that are considered obscene, pornographic materials, sexual and adult toys, food items in the shape of genitalia, and items depicting inter alia exploitation of minors, rape sex, incest and bestiality;
  • official law enforcement equipment including badges issued by government, and law enforcement officers excluding authorised general souvenir items;
  • bulk email or mailing list containing personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses;
  • software and other tools designed or used to send unsolicited commercial email or “spam”;
  • counterfeit, non-licensed replicas or unauthorised products;
  • products that can be used to gain unauthorised access to television programming, telephone, internet access, data or other protected, restricted or premium services;
  • products designed to intentionally block, interfere with or jam authorised radio communications, global positioning systems, wireless networking services and police radar;
  • spy equipment designed for interception of oral, wire and electronic communications;
  • used cosmetics and skin care, and undergarments;
  • pirated, duplicated or backup copies of video games, music albums, movies, photographs, software programs, television programmes and other protected works;
  • and products prohibited by any law, regulation, trade restriction and sanction in the country.
2.4 Cancellations and Returns

Erynsignature’s Cancellations and Returns Policy are part of these Terms of Use by this reference. Please refer to Erynsignature’s Cancellations and Returns Policy.

2.5 Statement of Intellectual Property Right

Erynsignature’s Statement of Intellectual Property Rights are part of these Terms of Use by this reference. Please refer to Erynsignature’s Statement of Intellectual Property Rights.

3. Intellectual Property

The Erynsignature Site and the Content are owned, controlled or licensed by or to Erynsignature and are protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only;
  • and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the Erynsignature Site and/or the Content to any other website or other form of electronic or mechanical methods or medium.

You may use information on the Erynsignature Site (such as standard terms and conditions, policies and similar documents) made available by Erynsignature for downloading from the Erynsignature Site provided that:

  • you use such information only for your personal and non-commercial purpose;
  • you do not make any changes to such information;
  • you do not make any representations or warranties relating to such information; and
  • you do not remove any proprietary notice language in all copies of the documents downloaded.

Erynsignature Marketplace, and other Erynsignature graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of Erynsignature and its Affiliates. Erynsignature Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. If you believe that any content appearing on the Erynsignature Site may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform Erynsignature. Upon receiving notification of a claim, Erynsignature shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Erynsignature’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify Erynsignature for all claims brought by a third party against Erynsignature and its Affiliates arising out of or in connection with such claim.

4. Relationship between the Parties

The relationship between Erynsignature and the merchants shall be solely that of independent contractors. Each agreement entered into for the sale and purchase of any Product with a merchant on the Erynsignature Marketplace shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement. The Customer Agreement comprises these Terms of Use and Cancellations and Returns Policy. Erynsignature reserves the right to delete, remove, suspend, terminate and take all necessary actions at its sole discretion if you are in breach of these Terms of Use.

5. Selling and Purchasing Products on the Erynsignature Site

5.1 Qualification

If you intend to list, market, advertise, promote, negotiate, sell and/or distribute any product on the Erynsignature Site, you must enter into a merchant agreement with Erynsignature. The merchant agreement, along with these Terms of Use shall govern the relationship and set out the terms and conditions between you, as a merchant and Erynsignature with respect to the Products. These Terms of Use as revised from time to time shall apply to you every time you use the Erynsignature Site. If you intend to purchase a product on the Erynsignature Marketplace, you may do so as a guest or you may register and create an account on the Erynsignature Marketplace. You agree to abide without restriction to these Terms of Use as revised from time to time every time you use the Erynsignature Marketplace. You agree that all orders will be processed after payment is made but an order is only accepted by the merchant upon dispatch of the order. An order acknowledgement does not constitute acceptance of any order. In the event of occasional errors, inaccuracies, or omissions involving product prices, description of products, promotions, offers, shipping charges, stock availability or any other content or information, you agree that there is no obligation to supply the goods even after you have placed an order. Erynsignature reserves the right to cancel your order and to correct any content or information at all times. You warrant that all information provided to Erynsignature or Erynsignature Site as part of the registration process or entering into an agreement with Erynsignature at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided. You acknowledge that in assessing an application by a customer to register or an application by a merchant to execute an agreement with Erynsignature, Erynsignature shall conduct preliminary checks against its internal criteria and policies. Erynsignature reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby give your consent for checks relating to compliance under the Personal Data Protection Act 2010 and its related subsidiary legislations.

5.2 Special Conditions Applicable to Merchants

This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any product on the Erynsignature Site.

5.2.1 Management and Handling of Content 

By uploading Content to Erynsignature Site, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to Erynsignature that you are not aware of any claims made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the Content. In the event that Erynsignature receives a complaint in respect of any Content posted by you, Erynsignature reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate Erynsignature Site for any loss suffered. You hereby grant an irrevocable, non-exclusive, royalty free, worldwide, perpetual, sub licensable (through multiple tiers) license and right to Erynsignature to exercise the copyright, publicity and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You further agree to allow Erynsignature Site to store or re-format your Content on Erynsignature Site and display your Content on Erynsignature Site in anyway as we choose. By uploading boutique images to Erynsignature Site, you agree that Erynsignature has the right to use your images to promote Erynsignature Site and/or your merchant store in any external press. However, Erynsignature will only use personal information in accordance with Erynsignature’s Privacy Policy. Erynsignature acknowledge that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to Erynsignature without our prior approval in writing. By posting Content on Erynsignature Site, it is possible for a third party or website outside the Erynsignature Site to repost that Content. If you choose to display your own Erynsignature Site hosted image on another website, the image must provide a link back to its listing page on the Erynsignature Site. Please refer to Section 6.3 on the handling of information, material or other communication submitted by users via the Erynsignature Site. Any communication or information submitted by you to Erynsignature is subject to these Terms of Use. You hereby grant and agree to grant Erynsignature, all of your rights in the Submissions (as defined in Section 6.3), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and licence to incorporate, use, publish and exploit such Submissions for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further consent from you. During the course of your transaction on the Erynsignature Site, you may obtain personal information from another Erynsignature Site user. This personal information shall only be used for that transaction or for Erynsignature Site related communications, and Erynsignature does not grant you a licence or right to use the information for unsolicited commercial messages, and you shall not add any Erynsignature Site user to your database without express consent from the user. Please refer to Erynsignature’s Privacy Policy for further details. You agree to release, defend, protect, indemnify and hold Erynsignature, our Affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on the Erynsignature Site.

5.2.2 Merchant’s Representations and Warranties 

The Merchant warrants that:

  • it has or will have good title to, and is the sole beneficial owner of every Product it sells and sends to customers on the Erynsignature Site;
  • it has the unrestricted authority to grant the rights and licenses required or contemplated by this Agreement;
  • it has all the Intellectual Property rights that are necessary to market, distribute, sell and license the Products;
  • every Product does not and will not infringe any rights of any third party, including without limitation any Intellectual Property rights;
  • every Product will be of merchantable quality and fit for the purposes intended;
  • every Product will be free from defects in design, materials and workmanship; every Product is genuine;
  • every Product will comply with any specification, drawing, sample, performance criteria and other description provided either generally, or to Erynsignature or to the Erynsignature Site;
  • it is not aware of any right of or claim by, any third party anywhere in the world which would prejudice the promotion or sale of the Products on the Erynsignature Site or the use of any of the Intellectual Property, and no person has claimed any infringement of its right in connection, however remotely, with any Product, and it will immediately notify Erynsignature if such a claim is made;
  • the listing, marketing, promotion, feature, distribution or sale of the Products on the Erynsignature Site will not violate any law, regulation or practice;
  • every Product, and the performance of the Merchant under the Customer Agreement meets all applicable standards, laws, regulations and requirements in the country, and the place of performance of the Customer Agreement. Upon Erynsignature’s written request, the merchant shall provide any written certification of compliance required by any federal, state or local law, ordinance, code or regulation;and
  • all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the merchant in connection with the sale of the Products on the Erynsignature Site have been duly obtained.

Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for Erynsignature to list, market, promote, feature and make available for sale the Products on the Erynsignature Site. Where necessary, the Merchant agrees to assist and cooperate with Erynsignature in securing regulatory approval for the listing of the Products on the Erynsignature Site. Erynsignature may at its discretion as and when required, provide to the merchants manuals setting out standard operating procedures and detailed practical requirements and the merchant agrees to comply with the requirement of the manuals. The warranties in these Terms of Use and other warranties as may be prescribed by law will extend to the customers and will run through to any expiration date on the Products, or if no expiration date is stated, then for such period as warranted by the merchant, the relevant licensor, distributor or agent for the Products, as the case may be.


6. Miscellaneous

You may not assign, delegate, subcontract or otherwise transfer any or all of your rights and obligations under these Terms of Use. Erynsignature may assign these Terms of Use (including without limitation our rights, titles, benefits, interests, obligations and duties in these Terms of Use) to any person or entity without prior notification to you. If any term of these Terms of Use is at any time held by a court of competent jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms of Use. Unless otherwise specified, these Terms of Use constitutes the entire agreement between Erynsignature and you with respect to use of the Erynsignature Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Erynsignature and you with respect to the Erynsignature Site. Erynsignature’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as waiver by Erynsignature of any provision or right it has to enforce these Terms of Use, nor modification of any provisions of these Terms of Use. Every revision to these Terms of Use shall be effective and binding upon the publication and the same being made available on the Erynsignature Site, and you agree that you shall be deemed to have notice of every revision of these Terms of Use upon such publication on the Erynsignature Site. It is your sole duty and obligation to ensure you are apprised of these Terms of Use and all revisions made thereto at all material times. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. All provisions in these Terms of Use which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between Erynsignature and you.