Grabean Grabean Sdn Bhd, Brand Name "GRABEAN", is incorporated in Malaysia, (hereafter known as "GRABEAN", "we", "us", or "our") provides an online-based platform that connects Requesters who wish to buy or acquire products from overseas and Travellers who agree to transport the products for the Requesters upon deals that are made between them with the presence of their mutual consent (collectively, the "Services"), which Services are accessible at www.grabean.com and any other mobile app or websites where GRABEAN makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you accept to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
"Tax" or "Taxes" mean any sales taxes, import taxes, taxes (GST) and other similar taxes. GRABEAN requires every Traveller to understand, take note of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to Requester contacted via GRABEAN's Site, Applications, and Services. The Traveller is expected to charge the customs fees, tax fees, and other tax-related costs from Requester when making a deal via Site, Applications, and Services and pay them as they occur.
"Deal" means an agreement between a Requester and a Traveller regarding a requested product and a respective Traveller charge.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Requester" means a Member who post a requests of an overseas product on the Website, Application or Services, or a Member who contacts a traveller and asks her or him to bring products in exchange of a fee or tips as agreed upon between respective Requester and Traveller. A Requester willingly enters into contracts, carries the burden of ordering products, closes deals on his or her own discretion, and exempts GRABEAN from any responsibility and excuses GRABEAN for any mistakes, violations of trusts, and counterfeit actions happened between the moment of deal beginning till its end made via the Site, Application, and Service.
"Traveller" means a Member who creates a Trip of his or her travel plans and consents that upon making a deal with a Requester, he or she agrees to carry a product to deliver to the respective Requester or the appointed collection centre in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A Traveller willingly enters into contracts, carries the burden of transporting the products, closes deals on his or her own discretion, and exempts GRABEAN from any responsibility, infringements on customs regulations such as the declaration of Taxes and taking in of prohibited items. The Traveller also excuses GRABEAN for any mistakes, violations of trusts, and counterfeit actions happened between the moment of deal beginning till its end made via the Site, Application, and Services.
"Collective Content" means Member Content and GRABEAN Content.
"Member Content" means all Content that a Member post, uploads, publishes, transmits or submits to be made available through the Site, Application or Services.
"GRABEAN Content" means all of the Contents that GRABEAN provides through the Website, Application, or Services, including any Content licensed from a 3rd party, but excluding Member Content.
"Member" means a person who completes GRABEAN's account registration (signup or login) process, including, but not limited to Traveller and Requester.
"Trips" means travel information shared by a Traveller.
ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT
The Site, application and Services include a mobile and web platform through which Requesters may choose and post products to purchase from overseas. A Traveller with the mutual consent on the final price agreed on the deal to bring and buy back the product from overseas. GRABEAN is not a transportation agency, retailer or distribution of the above-mentioned products and has no control over the conduct of the Requesters and Travellers.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU AGREE and acknowledge THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE. YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU AGREE and understand TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you agree or accept to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will apply and refer to that company or other legal entity.
GRABEAN reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
GRABEAN is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third-party corporations, companies, individual seller or government service provider, nor is it an international or local insurance or shipping service. GRABEAN's responsibilities are limited to facilitating the availability of the Site.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. GRABEAN CAN NOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL.
In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm and do not confirm any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from GRABEAN with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Deal made by you.
These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and GRABEAN. YOU AGREE and acknowledge THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE. GRABEAN reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
You agree and understand that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GRABEAN or any of GRABEAN's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
abuse the referral system by creating multiple fake accounts to complete multiple transactions;
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any other or commercial purposes that are not expressly permitted by these Terms;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email (" spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a GRABEAN Traveller and Requester;
contact a Requester for any purpose except for asking a question related to a Deal, such Requester's request to carry or Trips;
contact a Traveller for any purpose except for asking a question related to a deal or such Traveller's use of the Site, Application and Services;
when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to GRABEAN, without GRABEAN's prior written approval;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use the Site, Application and Services to find a Requester or Traveller and then complete a booking of a Deal transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to GRABEAN's provision of the Services;as a Traveller, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates any Malaysia law. Such as a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, GRABEAN’s name, any GRABEAN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GRABEAN’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, GRABEAN’s computer systems, or the technical delivery systems of GRABEAN’s providers;
attempt to probe, scan, or test the vulnerability of any GRABEAN system or network or breach any security or authentication measures;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
hold GRABEAN responsible for any refund for perishable food that is found to be unfit for consumption if these products are not collected within 48 hours of a Traveller delivery.
GRABEAN will have the right to investigate, ban and remove any Content and prosecute violations of any of the above to the fullest extent of the law. GRABEAN may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that GRABEAN has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GRABEAN reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that GRABEAN, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
We may, in our sole discretion, permit Members to post, upload, publish, transmit or submit Member Content. By providing any Member Content on or through the Site, Application and Services, you hereby grant to GRABEAN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. GRABEAN does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You agree and acknowledge that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you warrant and represent that: (i) you either are the exclusive and sole owner of all Member Content that you provide through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to GRABEAN the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GRABEAN's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
URL and hyperlinks to 3rd party websites
You agree and acknowledge that GRABEAN is liable or not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not indicate any endorsement by GRABEAN of such websites or resources or the content, products, or services available from such websites or resources.
Referral code and credit system
Any members registered with GRABEAN can refer a friend or family member to join with a referral code and will be rewarded with GRABEAN credit that is redeemable to offset the cost upon the next transaction using the Site.
At no scenario can this credit be ever exchange, sold in exchange of cash or other equivalent units of currency. The members are allowed to publicize the referral code using various channels such as Facebook, Twitter and other social network but are only limited to personal usage and not for commercial usage.
Currency Conversion, Refund and Payment
GRABEAN default payment gateway and system will be through Billplz and GRABEAN will not be liable for any loss of conversion in payout due to the rate of currency conversion and any fees charge based on the payment partner, such as PayPal, eGHL, Billplz, FPX, Credit Cards, GIRO Bank Transfer, TT or any other payment method employed.
When a Traveller offers and a Requester accepts by “Deposit”, then the Requester will be prompted to make the deposit to GRABEAN. The Traveller is entitled to free 4 cancellations a month and is liable for any refund charges (RM 2) incurred due to cancellation at this stage onwards if there is no payment account tied to the traveller, the available credit from the Traveller’s accrued credit from the referral code will be used for deduction. A processing fee of RM 1 will be deducted from Traveller upon the reimbursement to Traveller’s bank account.
The maximum return date by the traveller cannot be more than 30days from the offered date.
If the Traveller has confirmed delivery and if there’s no dispute, GRABEAN will transfer the reimbursement automatically within 7 days even if there’s no acknowledgement from the Requester.
After Requester has acknowledged delivery of the item or product, the Traveller and GRABEAN is not liable for any dispute, damages, or refund for the item and product to the Requester. Traveller and Requester may still settle any disputes privately to come to a settlement. GRABEAN is also not liable to refund any service fee. For accountability and to prevent any disputes the members should agree on registered mail to track and confirm receipt of the product or to deal at the default collection centre. GRABEAN will assist to the best ability to resolve and mediate any dispute if necessary and has the final say.
Liability and Disclaimers
If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. The site, application, services, collective content and referral program are provided "as is", without warranty of any kind, either express or implied.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you interact or communicate as a result of your use of the site, application or services, including, but not limited to, any traveller and Requester.
No advice or information, whether oral or written, obtained from Grabean or through the site, application, services or collective content, will create any warranty not expressly made herein.
Grabean does not express and makes no warranty that Grabean will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Grabean disclaim any liability relating thereto. You will be solely responsible for backing up your own system.
You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you interact or communicate caused by your use of the site, application or services, including, but not limited to, traveller and Requester, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Grabean.
Grabean directors, officers, employees, and affiliates from Grabean, not be liable for any indirect or direct damages, whether incidental nature, punishment, special, or consequential damages arising from any use of the site by you or for any other claim that associated with the site from your usage, including, but not limited to, any errors or incompleteness in any content, or loss or damage of any kind arising as result of use of the content or any product that posted, distributed, or otherwise made available through the site, even if the possibility of such damages and claims have been advised.
Grabean makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Grabean makes no warranty regarding the quality of any listings, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services.
Grabean will comply to fair business to protect the information that you provided to the site, but you also agree that your submission of such information is at your sole risk, and hereby disclaim Grabean any and all liability to you for damages or liability whatsoever associated to the information in any form and how.
Customs Laws and Regulations
All users are to take note of the following Prohibited Items that cannot be brought into Malaysia.
10.1 What items/listings are prohibited in GRABEAN
In addition to the list of items prohibited by the Malaysia Customs, GRABEAN will also remove listings which feature these products:
The carrying of parcels not purchased by the traveller
"For sale" product listings
Certain food products
Arms and explosives
Toy guns, pistols and revolvers
Weapons, kris, spears and swords
Medical devices and instruments
Poisons, illicit drugs
Live animals or insects
Listings intended to shame other GRABEAN users
Listings which promote other marketplace platforms