Our Policy & Terms

Terms of Use

1.0 GENERAL

Welcome to FOREST DATE, a boutique social e-commerce platform innovate and provided by FOREST DIGITAL RESOURCES (Company registration number MA0281879-H), a subsidiary company under TAGYARD WORLDWIDE. Our office business address is registered at 7-G, 7-1 & 7-2 Prima Avenue 2, Jalan Kenari 13C, Bandar Puchong Jaya, 47170 Puchong Selangor.

1.1 These terms of use will define FOREST DATE functionality in detail and govern your use and access to the services that we provide or make available include the platform, the mobile application (s), application programming interfaces, notifications, all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content and any other materials made available through the platform or content appearing therein.

1.2 Before becoming a user of FOREST DATE platform, you must read and accept all of the terms and conditions in and linked to, these Terms of use and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.3 FOREST DATE reserves the right to change, modify, suspend or discontinue all or any part of this platform or the Services at any time or upon notice as required by local laws. FOREST DATE may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. FOREST DATE may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.

1.4 FOREST DATE reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.

1.5 By using FOREST DATE services or opening an account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.

1.6 If you do not agree to these terms, please do not use our services or access the platform. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the "legal age"), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement. If you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on the minor's behalf and you will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.

1.7 DEFINITIONS AND INTERPRETATIONS

In these Terms, the following definitions apply :

FOREST DATE : FOREST DIGITAL RESOURCES, a subsidiary company register under TAGYARD WORLDWODE and officially situated at 7-G, 7-1 & 7-2 Prima Avenue 2, Jalan Kenari 13C, Bandar Puchong Jaya, 47170 Puchong Selangor. and url address at www.forestdate.com

Account : means the FOREST DATE account that user register using valid email and login password to access the services provided in the platform

Apps : means mobile application on iOS and Android

Platform : means website, services provided by website, mobile application services or any new features added to or augmenting the services that operate within the Terms of use

Contract : means order of a product (s) in accordance with the Terms and Conditions which user accept during the payment process

User : owner of the account that created using valid email and above eighteen (18) years old refer to the date of account created.

1.8 You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, FOREST DATE will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

2.0 PRIVACY

2.1 Your privacy is very important to us at FOREST DATE. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how FOREST DATE collects and uses the information associated with your

2.2 Account and/or your use of the Services (the "User Information"). By using the Services or providing information on the Platform, you:

(i) consent to FOREST DATE's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and FOREST DATE; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without FOREST DATE's prior written consent.

2.3 Users in possession of another User's personal data through the use of the Services (the "Receiving Party") hereby agree that, they will

(i) comply with all applicable personal data protection laws with respect to any such data;

(ii) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party") to remove his or her data so collected from the Receiving Party's database; and

(iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3.0 LIMITED LICENSE

3.1 FOREST DATE grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property") displayed in the Platform are the property of FOREST DATE and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with FOREST DATE. You acknowledge that FOREST DATE may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4.0 SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. FOREST DATE reserves all rights to the software not expressly granted by FOREST DATE hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by FOREST DATE.

5.0 ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that FOREST DATE, in its sole discretion, finds offensive or inappropriate, FOREST DATE has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. FOREST DATE has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to

(a) keep your password confidential and use only your User ID and password when logging in,

(b) ensure that you log out from your account at the end of each session on the Platform,

(c) immediately notify FOREST DATE of any unauthorised use of your Account, User ID and/or password, and

(d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.

FOREST DATE will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that FOREST DATE may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that FOREST DATE deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected

(a) extended periods of inactivity,

(b) violation of the letter or spirit of these Terms of Service,

(c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour

(d) having multiple user accounts,

(e) buying products on the Platform for the purpose of commercial re-sale,

(f) abnormal or excessive purchase of products from the same Seller or related group of Sellers,

(g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Platform), or

(h) behaviour that is harmful to other Users, third parties, or the business interests of FOREST DATE.

Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, FOREST DATE may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify FOREST DATE in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact FOREST DATE after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. FOREST DATE shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by FOREST DATE.

6.0 TERM OF USE

6.1 The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, FOREST DATE may effect such termination with or without notice to you.

6.2 You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(c) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(e) remove any proprietary notices from the Platform;

(e) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of FOREST DATE;

(f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(g) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(h) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(i) access the FOREST DATE platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;

(j) manipulate the price of any item or interfere item from our specialty shop or marketplace via personal post in user newsfeed;

(k) take any action that may undermine the feedback or ratings systems;

(l) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by FOREST DATE with respect to the Services and/or data transmitted, processed or stored by FOREST DATE;

(m) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(n) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(o) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(p) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;

(q) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(r) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(s) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

(t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(u) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(v) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty's Treasury;

(w) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(x) infringe the rights of FOREST DATE, including any intellectual property rights and any passing off of the same thereof;

(y) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(x) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

(aa) Misuse of personal post function to conduct commercial activities such as posting any product, services, similar/dissimilar or same product from FOREST DATE specialty shop or marketplace with varied prices or use private message to deal such contract that violate the FOREST DATE terms of use.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not FOREST DATE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will FOREST DATE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

6.4 You acknowledge that FOREST DATE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform without any liability to you. Without limiting the foregoing, FOREST DATE and its designees shall have the right to remove any Content

(i) that violates these Terms of Service

(ii) if we receive a complaint from another User;

(iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or

(iv) if such Content is otherwise objectionable.

We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by FOREST DATE or submitted to FOREST DATE, including, without limitation, information in FOREST DATE Forums and in all other parts of the Platform.

6.5 You acknowledge, consent to and agree that FOREST DATE may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over FOREST DATE or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FOREST DATE, its Users and/or the public.

7.0 VIOLATION OF OUR TERMS OF SERVICE

7.1Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

(a) Listing deletion

(b) Limits placed on Account privileges

(c) Account suspension and subsequent termination

(d) Criminal charges

(e) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Platform is violating these Terms of Service, please contact support@forestdate.com

8.0 REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, FOREST DATE does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners ("IPR Owner").

8.2 Except where expressly stated otherwise, the Users are independent individuals and they are not associated with FOREST DATE in any way and FOREST DATE is sole representative of the merchandises listed on the Platform.

8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner ("IPR Agent") and you believe that your right or your principal's right has been infringed, please notify us by submitting the online form at www.forestdate.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. FOREST DATE will respond to your complaint as soon as practicable.

8.4 Complaints under this Section 8 must be provided in the form prescribed by FOREST DATE, which may be updated from time to time, and must include at least the following:

(a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, "Informant");

(b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;

(c) a description of the nature of alleged infringement with sufficient details to enable FOREST DATE to assess the complaint

(d) URL(s) of the listing(s) which contain the alleged infringement;

(e) sufficient information to allow FOREST DATE to contact the Informant, such as Informant's physical address, telephone number and e-mail address;

(f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;

(g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer because of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner's behalf in all matters relating to the complaint.

9.0 PURCHASE AND PAYMENT

9.1 FOREST DATE supports one or more of the following payment methods in each country it operates in:

(i) Credit Card/Debit Card

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii) Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer ("Bank Transfer") to our designated FOREST DATE Assurance Account (as defined in Section 12). Buyer must provide FOREST DATE with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt' function found in FOREST DATE's app as payment confirmation. If payment confirmation is not received by FOREST DATE within three (3) days, Buyer's order will be cancelled.

9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3 FOREST DATE takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

10.0 DELIVERY

10.1 When FOREST DATE receives Buyer's Purchase Monies, FOREST DATE will make necessary arrangements to have purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Platform.

10.2 FOREST DATE will fully responsible to ensure that Buyer receives the purchased items within, whichever applicable.

10.3 Users understand that FOREST DATE bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that FOREST DATE will be liable for any damage, expense, cost or fees resulted therefrom and Buyer will reach out to the logistic service provider to resolve such dispute.

10.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from FOREST DATE based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarize themselves with all import and export restrictions that apply to the designating country. Users acknowledge that FOREST DATE will provide any legal advice in this regard and agrees that FOREST DATE shall bear any risks or liabilities associated with the import and export of such products to Malaysia.

10.5 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company ("Shipping Fee") shall be borne by the Buyer, and FOREST DATE in such proportions as may be determined by FOREST DATE and published on the Platform from time to time. FOREST DATE shall (i) collect the Buyer's proportion of the Shipping Fee from the Buyer, (ii) top up the proportion of the Shipping Fee from the Purchase Monies in accordance with Section 10.2, and (iii) pay the total Shipping Fee to the delivery company.

11.0 CANCELLATION, RETURN AND REFUND

11.1 Buyer may only cancel his/her order prior to the payment of Buyer's Purchase Monies into FOREST DATE Account.

11.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of FOREST DATE Guaranty Period, if applicable, subject to and in accordance with FOREST DATE’s Refunds and Return Policy.

11.3 FOREST DATE reserves the right to cancel any transaction on the Platform and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into FOREST DATE Account.

11.4 If you have redeemed FOREST COIN or any relevant reward scheme for your transaction and you are successful in obtaining a refund based on FOREST DATE’s Refunds and Return Policy, FOREST DATE shall refund the monies you have actually paid for the item and credit back any redeemed FOREST COINS or any relevant reward scheme to your Account separately.

11.5 FOREST DATE does not allow any form of offline payment for product purchase and do not monitor the cancellation, return and refund process for offline payment.

11.6 Refunds to Buyers shall be made to their FOREST DATE wallet within one (1) day of the return or refund request being approved.

12.0 FOREST DATE RESPONSIBILITIES

12.1 FOREST DATE shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated and shall not post inaccurate or misleading information.

12.2 The price of items for sale will be determined by FOREST DATE. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and FOREST DATE shall not charge Buyer such amount additionally and separately.

12.3 FOREST DATE agrees that FOREST DATE may at its discretion engage in promotional activities to induce transactions between Buyer and FOREST DATE by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

12.4 For the purpose of promoting the sales of the items listed in specialty shop or marketplace, FOREST DATE may post such items (at adjusted price) on third-party websites (such as portal) and price comparison platforms) and other websites (domestic or foreign) operated by FOREST DATE.

12.5 FOREST DATE shall issue receipts, credit card slips or tax invoices to Buyer on request.

12.6 FOREST DATE acknowledges and agrees that FOREST DATE will be responsible for paying all taxes, customs and duties for the item sold.

13.0 PURCHASE AND SALE OF ALCOHOL

13.1 The purchase and sale of alcoholic products ("Alcohol") on the Platform is permitted by FOREST DATE subject to the terms and conditions. If you are a buyer of Alcohol ("Alcohol Buyer"), you will be deemed to have consented to the terms and conditions when you purchase Alcohol on the Platform.

13.2 If you are an Alcohol Buyer:

(i) you represent and warrant that you and (if applicable) the person receiving the Alcohol ("Recipient") are (i) aged 21 or above; (ii) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (iii) understand the following: "MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN"; and

(ii) if requested by an Alcohol Seller or FOREST DATE (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.

13.2 When delivering Alcohol to an Alcohol Buyer:

(i) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

(ii) FOREST DATE (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

13.3 Each Alcohol Buyer and FOREST DATE severally agrees to indemnify, defend and hold harmless FOREST DATE, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party.

14.0 DISPUTES

14.1 In the event a problem arises in a transaction, the Buyer and FOREST DATE agree to communicate with each other first to attempt to resolve such dispute by mutual discussions. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

14.2 Each Buyer and FOREST DATE covenants and agrees that it will not bring suit or otherwise assert any claim against FOREST DATE or its Affiliates in relation to any transaction made on the Platform or any dispute related to such transaction.

14.3 Users covered under FOREST DATE Assurance may send written request to FOREST DATE to assist them in resolving issues which may arise from a transaction upon request. FOREST DATE may, at its sole discretion and with absolutely no liability to Buyer, take all necessary steps to assist Users resolving the dedicated dispute.

14.4 To be clear, the services provided under this Section are only available to Buyers covered under FOREST DATE Assurance. FOREST DATE will not use other payment method except the services provided from FOREST DATE platform.

15.0 FEEDBACK

15.1 FOREST DATE welcomes information and feedback from our Users which will enable FOREST DATE to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

16.0 DISCLAIMERS

16.1 The services are provided "as is" and without any warranties, claims or representations made by FOREST DATE of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. without limiting the foregoing and to the maximum extent permitted by applicable law, FOREST DATE does not warrant that the services, this platform or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

16.2 You acknowledge that the entire risk arising out of the use or performance of the platform and/or the services remains with you to the maximum extent permitted by applicable law.

17.0 Exclusions and Limitations of Liability

17.1 To the maximum extent permitted by applicable law, in no event shall FOREST DATE be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:

(i) (a) loss of use; (b) loss of profits; (c) loss of revenues; (d) loss of data; (e) loss of good will; or (f) failure to realise anticipated savings, in each case whether direct or indirect; or

(ii) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this platform or the services, including, without limitation, any damages resulting therefrom, even if forest date has been advised of the possibility of such damages.

17.2 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

17.3 Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by forest date's negligence, for fraud or for any other liability on the part of FOREST DATE that cannot be lawfully limited and/or excluded.

18.0 LINKS TO THIRD PARTY PLATFORMS AND SHARING VIDEOS FROM YOUTUBE

18.1 Third party links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the platforms they link to are not under the control of FOREST DATE in any manner whatsoever and you therefore access them at your own risk. FOREST DATE is in no manner responsible for the contents of any such linked platform or any link contained within a linked platform, including any changes or updates to such platforms. FOREST DATE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by FOREST DATE of any linked platform and/or any of its content therein.

19.0 YOUR CONTRIBUTIONS TO THE SERVICES

19.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to FOREST DATE. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant FOREST DATE and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

19.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to FOREST DATE by any means (each, a "Submission"), is not considered confidential by FOREST DATE and may be disseminated or used by FOREST DATE without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to FOREST DATE, you acknowledge and agree that FOREST DATE and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant FOREST DATE and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

20. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

20.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, FOREST DATE is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold FOREST DATE responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

20.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by FOREST DATE. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. FOREST DATE has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that FOREST DATE shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that FOREST DATE may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

21. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

22.0 FRAUDULENT OR SUSPICIOUS ACTIVITY

If FOREST DATE, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect FOREST DATE, other Buyers or other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may suspend your eligibility for FOREST DATE Assurance;

(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to FOREST DATE;

(d) We may refuse to provide the Services to you now and in the future;

(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to FOREST DATE or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

"Claim" means a challenge to a payment that a Buyer files directly with FOREST DATE.

"Reversal" means the reversal of a payment by FOREST DATE because

(a) it is invalidated by the sender's bank,

(b) it was sent to you in error by FOREST DATE,

(c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card),

(d) you received the payment for activities that violated these Terms of Service or any other FOREST DATE policy, or

(e) FOREST DATE decided a Claim against you.

23.0 INDEMNITY

You agree to indemnify, defend and hold harmless FOREST DATE, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

(a) any transaction made on the Platform, or any dispute in relation to such transaction (except where FOREST DATE or its Affiliates is the Seller in the transaction that the dispute relates to),

(b) the FOREST DATE Assurance,

(c) the hosting, operation, management and/or administration of the Services by or on behalf of FOREST DATE,

(d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,

(e) your use or misuse of the Services,

(f) your breach of any law or any rights of a third party, or

(g) any Content uploaded by you.

24.0 SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

25.0 GOVERNING LAW

These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both FOREST DATE and Buyers hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

26.0 GENERAL PROVISIONS

26.1 FOREST DATE reserves all rights not expressly granted herein.

26.2 FOREST DATE may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform and be effective immediately. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

26.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

26.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and FOREST DATE, nor does it authorise you to incur any costs or liabilities on FOREST DATE's behalf.

26.5 The failure of FOREST DATE at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

26.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for FOREST DATE's affiliates and subsidiaries (and each of FOREST DATE's and its affiliates' and subsidiaries' respective successors and assigns).

26.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

26.8 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at support@forestdate.com

27.0 System Requirement

27.1 In order to use the Platform, you are required to have a compatible mobile device, desktop or laptop, internet access, and the necessary minimum specifications (the "System Requirements").

27.2 The System Requirements are as follows: the app requires the device to be running Android 4.4 and/or iOS 9.0 or later.

27.3 The software capabilities and System Requirements of our Platform may be upgraded from time to time to add support for new functions and services.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE "SIGN UP" OR "CONNECT WITH FACEBOOK" BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.


Privacy Policy

1. INTRODUCTION

1.1 Welcome to the FOREST DATE platform run by FOREST DIGITAL RESOURCES. FOREST DATE takes its responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all Users of our FOREST DATE platform. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data.

1.2 "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number and contact information.

1.3 By using the Services, registering for an account with us, visiting our website/mobile apps or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein.

1.4 IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE.

1.5 If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our website. We reserve the right to amend this Privacy Policy at any time.

2. WHEN WILL FOREST DATE COLLECT PERSONAL DATA?

2.1 We will/may collect personal data about you:

(a) when you register and/or use our Services or Platform, or open an account with us;

(b) when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;

(c) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;

(d) when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails, including when you interact with our customer service agents;

(e) when you use our electronic services, or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;

(f) when you grant permissions on your device to share information with our application or Platform;

(g) when you link your FOREST DATE account with your social media or other external account or use other social media features, in accordance with the provider's policies.

(h) when you carry out transactions through our Services

(i) when you provide us with feedback or complaints;

(j) when you register for a contest; or

(k) when you submit your personal data to us for any reason.

The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

3. WHAT PERSONAL DATA WILL FOREST DATE COLLECT?

3.1 The personal data that FOREST DATE may collect includes but is not limited to:

  • name;
  • email address;
  • date of birth;
  • billing address;
  • city, state and country;
  • bank account and payment information;
  • telephone number;
  • gender;
  • information sent by or associated with the device(s) used to access our Services or Platform;
  • information about your network and the people and accounts you interact with;
  • photographs or audio or video recordings that you share with us;
  • government issued identification or other information required for our due diligence, know your customer, identity verification, or fraud prevention purposes;
  • any other information about the User when the User signs up to use our Services or website, and when the User uses the Services or website, as well as information related to how the User uses our Services or website; and
  • aggregate data on content the User engages with.

3.2 You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. We reserve the right at our sole discretion to require further documentation to verify the information provided by you.

4. COLLECTION OF OTHER DATA

4.1 As with most websites and mobile applications, your device sends information which may include data about you that gets logged by a web server when you browse our Platform. This typically includes without limitation your device's Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring website (if any), the pages you visit on our website and mobile applications and the times of visit, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the platform remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our platform.

4.2 Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.

4.3 As when you view pages on our website or mobile application, when you watch content and advertising and access other software on our Platform or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your device sends us information on the content, advertisement viewed and/or software installed by the Services and the Platform and time

5. COOKIES

5.1 What are cookies?
Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on FOREST DATE. Cookies also allow us to remember things about your visits to FOREST DATE, like your preferred language, and to make the site easier to use.
We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into FOREST DATE. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.

5.2 Why does forest date use cookies and similar technologies?
We use cookies and similar technologies like web beacons, pixel tags, or local shared objects ("flash cookies"), to deliver, measure, and improve our services in various ways. We use these cookies both when you visit our site and services through a browser and through our mobile app. As we adopt additional technologies, we may also gather additional data through other methods.

We use the following types of cookies:

Authentication and security

  • To log you into FOREST DATE
  • To protect your security
  • To help detect and fight spam, abuse, and other activities that violate FOREST DATE'S agreements
For example, cookies help authenticate your access to FOREST DATE and prevent unauthorized parties from accessing your accounts.

Preferences

  • To remember data about your browser and your preferences
  • To remember your settings and other choices you've made
For example, cookies help us remember your preferred language or the country you're in, so we can provide content in your preferred language without asking each time you visit.

Analytics and Research
To help us improve and understand how people use FOREST DATE.
For example, cookies help us test different versions of FOREST DATE to see which features or content users prefer, web beacons help us determine which email messages are opened, and cookies help us see how you interact with FOREST DATE, like the links you click on.

5.3 You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our platform.

6. HOW DO WE USE THE INFORMATION YOU PROVIDE US?

6.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:

(a) to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;

(b) to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;

(c) to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;

(d) to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;

(e) to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;

(f) to enforce our Terms of Service or any applicable end user license agreements;

(g) to protect personal safety and the rights, property or safety of others;

(h) for identification, verification, due diligence or know your customer purposes;

(i) to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;

(j) to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;

(k) to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

(l) to allow other users to interact connect with you or see some of your activities on the Platform, including to inform you when another User has sent you a private message or posted a comment for you on the Platform or connected with you using the social features on the Platform;

(m) to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience;

(n) to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with FOREST DATE's Services;

(o) for marketing and advertising, and in this regard, to send you by various modes of communication marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom FOREST DATE may collaborate or tie up with) that FOREST DATE (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies;

(p) to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, or where we have a good faith belied that such disclosure is necessary including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on FOREST DATE or on its related corporations or affiliates (including where applicable, the display of your name, contact details and company details);

(q) to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

(r) to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;

(s) to audit our Services or FOREST DATE's business;

(t) to prevent or investigate any actual or suspected violations of our Terms of Service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us.

(u) to respond to any threatened or actual claims asserted against FOREST DATE or other claim that any Content violates the rights of third parties

(v) to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;

(w) to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves FOREST DATE as a participant or involves only a related corporation or affiliate of FOREST DATE as a participant or involves FOREST DATE and/or any one or more of FOREST DATE's related corporations or affiliates as participant(s), and there may be other third party organisations who are participants in such transaction. A "business asset transaction" refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation; and/or

(x) any other purposes which we notify you of at the time of obtaining your consent.

(collectively, the "Purposes").

6.2 You acknowledge, consent and agree that FOREST DATE may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over FOREST DATE or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority having jurisdiction over FOREST DATE; (c) enforce the FOREST DATE Terms of Service or this Privacy Policy; (d) respond to any threatened or actual claims asserted against FOREST DATE or other claim that any Content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of FOREST DATE, its users and/or the public.

6.3 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.

7. HOW DOES FOREST DATE PROTECT AND RETAIN CUSTOMER INFORMATION?

7.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no assurance of absolute security.

7.2 We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

8. INFORMATION ON CHILDREN

The Services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 13 nor is any part of our Platform or other Services directed to children under the age of 13. As a parent or legal guardian, please do not allow such children under your care to submit personal data to FOREST DATE. In the event that personal data of a child under the age of 13 in your care is disclosed to FOREST DATE, you hereby consent to the processing of the child's personal data and accept and agree to be bound by this Policy on behalf of such child. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted without any parental consent by any child under the age of 13.

Refunds and Return Policy

1. Application for Returns/Refunds
Subject to the terms and conditions in this Refunds and Return Policy and the Terms of Service, Buyer may apply for return of the purchased items ("Item") and/or refund prior to the expiry of the FOREST DATE Guaranty Period (7 days from date of purchase) as stated in the Terms of Service.

2. Application for the Return of an Item
Buyer may only apply for the refund and/or return of the Item in the following circumstances:

  • The Item has not been process for delivery procedures;
  • The Item received is incomplete (missing quantity or accessories);
  • FOREST DATE has delivered an Item that does not match the agreed specification (e.g. wrong size, colour, etc.) to Buyer;
  • The Item delivered to Buyer is materially different from the description provided by FOREST DATE in the listing of the Item;
  • The Item received is a counterfeit item;
  • The Item received has physical damage (e.g. dented, scratched, shattered);
  • The Item received is faulty (e.g. malfunction, does not work as intended);
Your application must be submitted via the FOREST DATE official email support@forestdate.com To make the process run smoothly and faster, do email your inquiry with picture(s) of your item(s) to best describe the matter & condition. FOREST DATE will review each Buyer's application on a case-by-case basis and, in its sole discretion, determine whether Buyer's application is successful. In the event where Buyer has commenced legal action against FOREST DATE, Buyer may provide the formal notification from the appropriate authority to FOREST DATE to request FOREST DATE to continue to hold the purchase monies until a formal determination is available. FOREST DATE will, at its sole and absolute discretion, determine whether it is necessary to continue to hold such purchase monies.

3. Rights of FOREST DATE
When FOREST DATE receives an application from Buyer for the return of the Item and/or refund, FOREST DATE will respond to Buyer's application according to the steps provided by FOREST DATE in the written notification. FOREST DATE must respond within the time-frame stipulated in the written notification (the “Stipulated Period”). FOREST DATE will review each response on a case-by-case basis and, in its sole discretion, determine whether Buyer's application may be successful against the circumstances stated by FOREST DATE.

4. Condition of Returning Item
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be returned in the original packaging together with receipt. If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return.

5. Liability of Return Shipping Fee
Customer would have to bear the postage fee shipped back during the return process.

6. Refunds
Buyer will only be refunded after FOREST DATE has received the confirmation received of returned Item. The refund will be made to Buyer's credit/debit card or designated bank account, whichever is applicable.

7. Communication Between Buyer and FOREST DATE
FOREST DATE encourages Users to communicate with our person in charge in the event where problem arises in a transaction.

Intellectual Property Rights

1. All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of FOREST DATE or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by FOREST DATE and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.

2. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of FOREST DATE in Malaysia and other countries. FOREST DATE's trademarks may not be used in connection with any product or service that is not provided by FOREST DATE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FOREST DATE. All other trademarks not owned by FOREST DATE that appear on the Platform are the property of their respective owners.

3. Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

4. You must not use any part of the content on our platform for commercial purposes without obtaining a license to do so from us or our licensors. In the event FOREST DATE becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

5. If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by FOREST DATE or its licensors.

6. Reporting Intellectual Property Rights Infringement:

  1. We have a policy of limiting access to our Platform and terminating the accounts of Users who infringe the intellectual property rights of others. If you believe that anything appearing on our Platform infringes any copyright that you own or control, you may notify us at support@forestdate.com.
  2. Please note that if you knowingly misrepresent that any activity or Content or Material on our Platform is infringing, you may be liable to us for costs and damages to be ascertained.