Welcome to I1PARTY! Thanks for visiting our website. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.i1party.com (the “Site”) to you (the “Terms and Conditions”). Please take some time to read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms and Conditions. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions.

1. WHO WE ARE
1.1 We are I 1 PARTY SOLUTION (Company No.: 002573221-M) having our business address at 9-2, Jalan Temenggung 11/9, Cheras Mahkota, 43200 Kajang, Selangor trading as www.i1party.com (“I1PARTY”).

2.YOUR ACCOUNT
2.1 In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

2.2 You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at 018-2097009 our Customer Support.

2.3 Your use and access of the Site and its services, software and products (collectively, the “Services”) are governed by all terms and conditions related to this Agreement as well as the Security and Privacy Policy, the Intellectual Property Rights Policy, and any other rules and policies of the Site that I1PARTY may publish from time to time. This Agreement and such other rules and policies of the Site are collectively referred to herein as the “Terms”. Meanwhile, with regard to your purchases and transactions on the Site, the Registration Agreement and related terms and conditions between you as a buyer or seller and I1PARTY will be binding upon you. Therefore, we recommend that you read this Agreement and all relevant additional terms, conditions and information, including, but not limited to, the Registration Agreement, the Security and Privacy Policy and the Intellectual Property Rights Policy, carefully.

2.4 You acknowledge and agree that I1PARTY may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.

2.5 If I1PARTY has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.

2.6 The Terms may not otherwise be modified except in writing by an authorized officer of I1PARTY.

3. USE OF THE SITE
3.1 By accepting these Terms of Use through your use or access of the Site, you represent that you are (1) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Services, and (2) permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. If you do not agree to (or cannot comply with) this Section 3.1, do not use this Site.

3.2 All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms of Use.

3.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of I1PARTY or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from I1PARTY, is strictly prohibited.

3.4 While accessing the Site, or using its services, you should not:-
a) Post or transmit false, inaccurate, misleading, defamatory, or libellous content (including but not limited to during the registration process and in I1PARTY forum);
b) Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;
c) Fail to deliver payment for the products and items purchased by you;
d) Manipulate the billing process of I1PARTY;
e) Undermine the feedback or ratings systems;
f) Transfer your I1PARTY Account (including your User ID and Password) to another party without prior written consent from I1PARTY;
g) Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
h) Distribute viruses or any other technologies that may harm I1PARTY and the Site, or the interests or property of other users;
i) Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or
j) Otherwise incur any liability to the Site or I1PARTY.

3.5 In our sole discretion, I1PARTY reserves the right to freeze and/or remove from the Site any user’s (including buyer and seller) account and/or material and/or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to I1PARTY, or is otherwise inappropriate.

3.6 I1PARTY reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to I1PARTY. Each User hereby also agrees that in no event shall I1PARTY be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.

3.7 I1PARTY may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes shall not substantially adversely affect the paying Users enjoying that Service.

3.8 Some Services may be provided by I1PARTY’s affiliates on behalf of I1PARTY.

4. PURCHASING ON THE SITE
4.1 You must be registered on the Site (“Registered User”) in order to make purchases on the Site and/or access some Services. I1PARTY may reject a User’s application for registration for any reason. Upon registration on the Site, I1PARTY shall assign an account (the “I1PARTY Account”) and issue a User identification (“User ID”) and password (the “Password”) to each Registered User.

4.2 Each User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the account. Each User represents warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

4.3 A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your I1PARTY Account. No Registered User may share, assign, or permit the use of your I1PARTY Account, User ID or Password by another person outside of the Registered User’s own business entity. Registered User agrees to notify I1PARTY immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your I1PARTY Account.

4.4 User agrees that all activities that occur under your I1PARTY Account (including, without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending e-mails using the latest e-mail account or sending SMS) will be deemed to have been authorized by you.

4.5 User acknowledges that sharing your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to I1PARTY or other Users of the Site. User shall indemnify I1PARTY, our affiliates, directors, employees, agents and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, I1PARTY shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s I1PARTY Account without liability to User.

4.6 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.

4.7 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to I1PARTY.

4.8 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that I1PARTY shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.

4.9 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and I1PARTY shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

4.10 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, I1PARTY may disclose the User’s identity and contact information. User agrees not to bring any action or claim against I1PARTY for such disclosure.

4.11 The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using such sites. You acknowledge that I1PARTY has no control over such third parties’ web sites, does not monitor such web sites, and I1PARTY shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

5. TRANSACTION BETWEEN THE BUYERS AND THE SELLERS
5.1 Each User understands and agrees that I1PARTY is not a traditional seller or mart. Through the Site, what I1PARTY provides is only an online platform or venue for information exchange and transaction between buyers and sellers. Although I1PARTY will monitor the regular operation of the Site to fulfil its duty of care, I1PARTY does not review and check each item of posted content and listing to search for infringement or illegal activity.

5.2 Despite the Terms, no agency relationship will be created between I1PARTY and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.

5.3 User hereby acknowledges that although I1PARTY tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.

5.4 In no event shall I1PARTY be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.

5.5 The users (including the seller and buyer) agree to release and indemnify I1PARTY and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.

5.6 In order to help the sellers and the Registered Users solve and settle any transactional disputes effectively and efficiently, I1PARTY has established the “Handling Procedures for Transactional Dispute”. Such procedures can be viewed at: http://www.i1party.com

5.7 Here, the sellers and Registered Users shall agree that when the Registered Users file the transactional disputes with I1PARTY, the sellers and the Registered Users should comply with the “Handling Procedures for Transactional Dispute”, and permit I1PARTY to make a final binding decision regarding the dispute.

5.8 In the event that, I1PARTY finds that the transactional dispute is solely the responsibility of the Seller, I1PARTY shall have the sole discretion to remove the seller’s account from the site and the seller shall be subjected to a penalty determined by I1PARTY depending on the nature of the transactional dispute.

6. LIMITATION OF THE LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY I1PARTY ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND I1PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, I1PARTY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; I1PARTY DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND I1PARTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

6.3 Any material downloaded or otherwise obtained through the Sites is done at each User's sole discretion and risk and each User is solely responsible for any damage to www.i1party.com‘s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from www.i1party.com or through or from the Sites shall create any warranty not expressly stated herein.

6.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall I1PARTY and our affiliates be held liable for any such services or products.

6.5 Each User hereby agrees to indemnify and save I1PARTY, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save I1PARTY, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to I1PARTY.

6.6 Each User hereby further agrees to indemnify and save I1PARTY, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that I1PARTY is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. I1PARTY reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with I1PARTY in asserting any available defences.

6.7 I1PARTY shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:-
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites; or
f) any matters relating to Services however arising, including negligence.

6.8. Notwithstanding any of the foregoing provisions, if I1PARTY, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the three month period preceding the date on which the claim arose.

6.9. I1PARTY shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services, (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site, (3) any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (4) unauthorized access by third parties to data or private information of any User, (5) statements or conduct of any User of the Site, or (6) any matters relating to Services, however arising, including through negligence. 6.10. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not I1PARTY has been advised of or should have been aware of the possibility of any such losses arising.

7. FORCE MAJEURE
7.1 Under no circumstances shall I1PARTY be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

8. INTELLECTUAL PROPERTY RIGHTS
8.1 I1PARTY is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Alibaba.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Alibaba.com are hereby reserved.

8.2 " I1PARTY” and related icons and logos are registered trademarks or trademarks or service marks of I1PARTY are registered trademarks or trademarks or service marks of I1PARTY, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

8.3 I1PARTY may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

9. NOTICES
9.1 All legal notices or demands to or upon I1PARTY shall be made in writing and sent to I1PARTY personally, by courier, certified mail, or facsimile to the following entity and address: 9-2, Jalan Temenggung 11/9, Cheras Mahkota, 43200 Kajang, Selangor (as the case maybe), I1PARTY, Attn: Legal Department. The notices shall be effective when they are received by I1PARTY in any of the above-mentioned manner.

9.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to I1PARTY, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:- a) I1PARTY is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon I1PARTY posting such notice on an area of the Sites that is publicly accessible without charge.

9.3 You agree that all agreements, notices, demands, disclosures and other communications that I1PARTY sends to you electronically satisfy the legal requirement that such communication should be in writing.

10. GENERAL PROVISIONS
10.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and I1PARTY with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

10.2 I1PARTY and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

10.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

10.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

10.5 I1PARTY’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will neither constitute a waiver of that right nor a waiver of I1PARTY’s right to act with respect to subsequent or similar breaches.

10.6 I1PARTY shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of I1PARTY). You may not assign, in whole or part, the Terms to any person or entity.

10.7 If you are from outside of Malaysia, The Terms shall be governed by the laws of Malaysia without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Malaysia. If you are from Malaysia, the Terms shall be governed by the laws of Malaysia without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Malaysia.