Terms & Conditions
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
“Confidential Information” includes but is not limited to:
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.
“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.
2. Applicable Policies
- Copyright Policy;
- Prohibited or Restricted Activities and Products Policy;
- Cancellations and Returns Policy; and
- Statement of Intellectual Property Rights.
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.
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.
- 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.
2.5 Statement of Intellectual Property Right
3. Intellectual Property
- 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 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
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
5.2.2 Merchant’s Representations and Warranties
- 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.