Term Conditions Page

1.1 Welcome to the tkismo platform (the “Site”). Before using the Site or opening a tkismo account, please read the following terms of service carefully so that you understand your legal rights and obligations with respect to tkismo Inc. and its affiliates and subsidiaries (individually and collectively, “tkismo,” “we,” “us,” or “our”). The “Services” provided or offered by us include (a) the Site, (b) services provided through the Site and the tkismo client software, and (c) all information, linked pages, features, data, text, images, photos, graphics, music, sounds, videos (including live streams), messages, tags, content, programming, software, application services (including but not limited to any mobile application services), or other materials made available through the Site or its related services (collectively referred to as “Content”). Any new features added to or enhancing the Services are also subject to these terms of service. These terms of service govern your use of the Services provided by tkismo.

1.2 The Services include an online platform service that provides a venue and opportunity for the sale of goods between buyers (“Buyers”) and sellers (“Sellers”) (collectively referred to as “you,” “Users,” or “Parties”). The actual sales contract is entered into directly between the Buyer and the Seller, and tkismo is not a party to that contract or any other contract between the Buyer and Seller, nor does it assume any obligations related to any such contract. The Parties to such transactions shall be fully responsible for their sales contracts, product listings, purchase guarantees, etc., between them. tkismo does not participate in transactions between Users. tkismo may or may not pre-screen Users or the content or information provided by Users. tkismo reserves the right to remove any content or information you post on the Site under Clause 6.4 herein.

1.3 Before becoming a User of the Site, you must read and accept all the terms and conditions in these terms of service, as well as all terms and conditions related to these terms of service, and you must agree to process your personal data in accordance with the instructions in the Privacy Policy linked herein.

1.4 tkismo reserves the right to change, modify, suspend, or terminate all or any part of the Site or Services at any time, with or without notice, as required by local law. tkismo may release certain Services or features in a beta version, which may not function properly or operate in the same way as the final version, in which case we assume no liability. tkismo may also, at its sole discretion, impose limits on certain features or restrict your access to parts or all of the Site or Services without notice or liability.

1.5 tkismo reserves the right to refuse to provide you with access to the Site or Services or allow you to open an account for any reason.

By using the tkismo Services or opening an account, you irrevocably accept and agree to the terms of this Agreement, including the additional terms and conditions and policies referenced and/or linked herein.

If you do not agree to these terms, please do not use our Services or access the Site. If you are under the age of 18 or the legal age to consent to this Agreement under applicable laws in your country/region (“Legal Age”), you must obtain permission from your parent or legal guardian to open an account, and that parent or legal guardian must agree to the terms of this Agreement. If you are unsure whether you have reached the Legal Age or do not understand this section, do not create an account until you have sought help from your parent or legal guardian. 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 behalf of the minor, and you will be responsible for all use of the account or company services by the minor.

2. Privacy

2.1 Your privacy is very important to us at tkismo. To better protect your rights, we provide tkismo's Privacy Policy, which details our privacy practices. Please review the Privacy Policy to understand how tkismo collects and uses information related to your account and/or your use of the Services (“User Information”). By using the Services or providing information on the Site, you:

(i) Consent to tkismo collecting, using, disclosing, and/or processing your content, personal data, and User Information as described in the Privacy Policy;

(ii) Agree and acknowledge that ownership of your User Information is jointly held by you and tkismo; and

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

2.2 Users who possess the personal data of other Users through the use of the Services (“Receiving Party”) hereby agree that they will (i) comply with all applicable personal data protection laws related to any such data; (ii) allow Users whose personal data has been collected by the Receiving Party (“Disclosing Party”) to delete such data collected from the Receiving Party’s database; (iii) in each of the cases described in (ii) and (iii) above, allow the Disclosing Party to review what information the Receiving Party has collected about them under applicable laws and, where required by applicable laws.

3. Limited License

3.1 tkismo 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 displayed on the Site (“Intellectual Property”) are the property of tkismo and, where applicable, third-party proprietors identified on the Site. No rights or licenses to use or reproduce any Intellectual Property are granted to any party accessing the Site, and no party accessing the Site shall claim any rights, title, or interest therein. By using or accessing the Services, you agree to comply with copyright, trademark, service mark, and all other applicable laws protecting the Services, the Site, and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works from any part of the Services, the Site, or its content. You also agree not to mirror or frame any part or all of the content of the Site on any other server or as part of any other website without our prior written consent. Additionally, you agree not to use any robot, spider, or other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed granted for standard search engine technology employed by internet search websites to direct internet users to the Site). To mirror or frame any part or all of the content of the Site on any other server or as part of any other website without our prior written consent. Additionally, you agree not to use any robot, spider, or other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed granted for standard search engine technology employed by internet search websites to direct internet users to the Site).

3.2 You are welcome to link to the Site from your website, provided your website does not imply any endorsement by or association with tkismo. You acknowledge that tkismo may, at its discretion, stop providing some or all of the Services at any time, without notice.

4. Software

4.1 Any software provided to you as part of the Services is subject to these terms of service. tkismo reserves all rights not expressly granted to tkismo in this Agreement for the software. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the third party owning such scripts or code, not by tkismo.

5. Accounts and Security

5.1 Certain features of our Services require you to register an account by selecting a unique user identification (“User ID”) and password and providing certain personal information. tkismo reserves the right to suspend or terminate your account if the User ID you choose is, in tkismo's sole discretion, deemed offensive or inappropriate. You may be able to use your account to access other products, websites, or services that we have enabled or bundled or partnered with. tkismo has not reviewed any third-party content, functions, security, services, privacy policies, or other practices of these products, websites, or services and assumes no responsibility for them. If you do so, the terms of service, including their respective privacy policies, for those products, websites, or services will apply.

5.2 You agree to (a) keep your password confidential and use your User ID and password only when logging in, (b) ensure that you log out of your account at the end of each session on the Site, (c) immediately notify tkismo of any unauthorized 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 use is not carried out by you. tkismo is not liable for any loss or damage arising from the unauthorized use of your password or your failure to comply with this section.

5.3 You agree that tkismo may, for any reason, in its sole discretion, with or without notice to you or any third party, immediately suspend, freeze, or terminate your account and User ID, remove or discard any content associated with your account and User ID from the Site, revoke any subsidies provided to you, cancel any transactions associated with your account and User ID, temporarily or permanently withhold any sales proceeds or refunds in more serious cases, and/or take any other actions tkismo deems necessary. Reasons for such actions may include, but are not limited to, actual or suspected (a) prolonged inactivity

, (b) breach of the letter or spirit of these terms of service, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior, (d) possessing multiple user accounts, (e) purchasing products on the Site for commercial resale purposes, (f) abnormally or excessively purchasing products from the same seller or related group of sellers, (g) voucher abuse (including but not limited to selling vouchers to third parties, reselling vouchers or other credits at a high price above face value, or abnormal or excessive use of vouchers on the Site), or (h) detrimental to other Users, third parties, or tkismo's business interests. Using an account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be reported to law enforcement agencies without notice to you. If any legal disputes or law enforcement actions arise related to your account or your use of the Services for any reason,

5.4 Users may terminate their accounts by notifying tkismo in writing (including via email to help@support.tkismo.com) if they wish to do so. Despite any such termination, Users remain responsible for any incomplete transactions (whether initiated before or after such termination), shipping of products, payment for products, etc., and Users must promptly contact tkismo and effectively perform and complete all outstanding transactions in accordance with the terms of service. tkismo shall not be liable for any damages arising from actions taken under this section and Users waive any and all claims based on any such actions taken by tkismo.

5.5 You may only use the Services and/or open an account if you are located in one of our approved countries, which we update from time to time.

6. Terms of Use

6.1 The license to use the Site and Services is valid until terminated. This license will terminate according to the provisions of these terms of service or if you fail to comply with any of the terms or conditions of these terms of service. In any such case, tkismo may enforce 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 illegal, harmful, threatening, abusive, harassing, frightening, distressing, infringing, defamatory, vulgar, obscene, defamatory, invasive of others' privacy, hateful, or racially offensive or otherwise objectionable;

- (b) Violate any laws, including but not limited to any laws and regulations related to import/export restrictions, third-party rights, or our prohibited and restricted items policy;

- (c) Upload, post, transmit, or otherwise make available any content featuring unsupervised minors, or use the Services in any way that harms minors;

- (d) Use the Services or upload content to impersonate any person or entity, or otherwise misrepresent your relationship with any person or entity;

- (e) Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services;

- (f) Remove any proprietary notices from the Site;

- (g) Modify, create derivative works of, or translate the Services without tkismo's explicit permission;

- (h) Use the Services for the benefit of any third party or in any manner not permitted by the licenses granted herein;

- (i) Use the Services or upload content in a fraudulent, unreasonable, false, misleading, or deceptive manner;

- (j) Operate multiple user accounts due to any breach of the letter or spirit of these terms of service;

- (k) Use emulators, simulators, bots, or other similar hardware or software to access the tkismo platform, create user accounts, or otherwise access your user account;

- (l) Manipulate the price of any item or interfere with other Users' listings;

- (m) Take any action that may undermine the feedback or rating system;

- (n) Attempt to decompile, reverse engineer, disassemble, or crack the Services (or any part thereof), or tamper with or overcome any encryption technology or security measures implemented by tkismo against the Services and/or the data transmitted, processed, or stored by tkismo;

- (o) Access or collect any information about other account holders, including but not limited to any personal data or information;

- (p) Upload, email, post, transmit, or otherwise make available any content that you are not authorized to make available under any law or contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

- (q) 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;

- (r) Upload, email, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;

- (s) Upload, email, post, transmit, or otherwise make available any material containing 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;

- (t) Disrupt the normal flow of dialogue, causing a screen to “scroll” faster than other Service Users can type, or otherwise negatively affect other Users’ ability to engage in real-time exchanges;

- (u) Interfere with, tamper with, or disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies, or regulations of networks connected to the Site;

- (v) Engage in any conduct or activity that may directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

- (w) Use the Services to intentionally or unintentionally violate any applicable local, state, national, or international law, rule, directive, guide, policy, or regulation, including but not limited to laws and requirements (whether or not having the force of law) related to anti-money laundering or anti-terrorism;

- (x) Use the Services in violation of or to circumvent any sanctions or embargoes imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or the U.K. Treasury;

- (y) Use the Services to infringe the privacy of others or “stalk” or otherwise harass others;

- (z) Infringe upon tkismo's rights, including any intellectual property rights and its counterfeits;

- (aa) Use the Services to collect or store personal data of other Users in connection with the prohibited conduct and activities set forth above; and/or

- (bb) List items that infringe on third-party copyrights, trademarks, or other intellectual property rights or use the Services in a manner that infringes upon the intellectual property rights of others.

- (cc) Direct or encourage other Users to transact outside the Site.

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 tkismo) are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Site. You understand that by using the Site, you may be exposed to content that you find offensive, indecent, or objectionable. To the fullest extent permitted by applicable law, under no circumstances will tkismo 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 your use of or reliance on any content posted, emailed, transmitted, or otherwise made available via the Site.

6.4 You acknowledge that tkismo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, discontinue, suspend, remove or move any content, including but not limited to any content or information made available on the Site by you, without any liability to you. Without limiting the foregoing, tkismo and its designees shall have the right to remove any content that (i) violates the letter or spirit of these terms of service or our prohibited and restricted items policy; (ii) if we receive complaints from other Users; (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 the transmission of communications (including but not limited to status updates, postings, messages, and/or chats) as part of our efforts to protect the Services or our Users or otherwise enforce these terms and conditions. You agree that you must evaluate and bear all risks associated with the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and, to the fullest extent permitted by applicable law, may not rely on any content created or submitted to tkismo, including but not limited to information in the tkismo forums and all other sections of the Site.

6.5 You acknowledge, agree, and consent that tkismo may access, preserve, and disclose your account information and content to any legal, regulatory, or governmental authority, relevant rights owner, or other third party if required by law, court order, or any government or regulatory authority having jurisdiction over tkismo, or if such access protection or disclosure is reasonably necessary, in good faith, to (a) comply with legal processes; (b) enforce these terms of service or our prohibited and restricted items policy; (c) respond to claims of infringement of third-party rights (including intellectual property rights); (d) respond to your customer service requests;

 or (e) protect the rights, property, or personal safety of tkismo, its Users, and/or the public.

7. Breach of Our Terms of Service

7.1 A breach of this policy may result in a range of actions, including but not limited to the following:

- Removal of listings

- Restrictions on account privileges

- Account suspension and subsequent termination

- Criminal charges

- Civil actions, including but not limited to claims for damages and/or injunctive relief

7.2 If you believe that a User on our Site is violating these terms of service, please contact help@support.tkismo.com.

8. Reporting Intellectual Property Infringements

8.1 As mentioned above, tkismo does not allow the listing of items that infringe upon the intellectual property rights of brand owners or other intellectual property rights holders (“Intellectual Property Owners”).

8.2 Unless explicitly stated otherwise, Users are independent individuals or businesses, and they are not associated with tkismo in any way, tkismo is neither the agent nor the representative of the Users, nor does tkismo hold and/or own any of the goods listed on the Site.

8.3 If you are an Intellectual Property Owner or an authorized agent of an Intellectual Property Owner (“IPR Agent”) and you believe that your rights or the rights of your principal are being infringed, please submit an Intellectual Property (IPR) form to us and provide the documents required to support your claim. Please allow us time to process the information provided. tkismo will respond to your complaint as soon as possible.

8.4 Complaints made under this Clause 8 must be provided in the form prescribed by tkismo, which may be updated from time to time, and must include at least the following information: (a) A physical or electronic signature of the Intellectual Property Owner or IPR Agent (collectively, the “Informant”); (b) A description and proof of the rights of the alleged Intellectual Property Infringement; (c) A description of the alleged infringement and sufficient detail to enable tkismo to assess the complaint; (d) The URL containing the listings of the alleged infringement; (e) Information sufficient to allow tkismo to contact the Informant, such as the Informant's physical address, telephone number, and email address; (f) A statement by the Informant that the complaint is made in good faith, and that the use of the Intellectual Property identified by the Informant is not authorized by the Intellectual Property Owner or the law; (g) A statement by the Informant that the information in the notice is accurate, and the Informant will indemnify us against any damages that we may incur as a result of the information provided by the Informant, and that the Informant has the appropriate rights or is authorized to handle all matters relating to the complaint on behalf of the Intellectual Property Owner.

8.5 tkismo acknowledges that manufacturers have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for their products. However, violating such agreements does not constitute intellectual property infringement. Since the enforcement of these agreements is a matter between the manufacturer and the seller, tkismo does not assist in the enforcement of such agreements and does not enforce matters of exclusive distribution rights or price controls unless within countries that specifically regulate selective or exclusive distribution by law.

8.6 Each seller agrees to indemnify tkismo and its affiliates from all claims, causes of action, damages, and judgments arising out of or related to any content or product listings being removed pursuant to any intellectual property infringement claim or allegation.

9. Purchases and Payments

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

(i) Credit Card

Payments by card are processed through third-party payment channels, and the types of credit cards accepted may vary depending on your jurisdiction.

(ii) Cash on Delivery (COD)

tkismo offers Cash on Delivery in selected countries. Buyers can pay cash directly to the delivery agent upon receipt of the purchased goods.

(iii) Bank Transfer

Buyers may pay via Automated Teller Machine (ATM) or Internet Bank Transfer (“Bank Transfer”) to our designated tkismo Guarantee Account (as defined in Clause 12). The buyer must provide tkismo with the transfer receipt or payment transaction reference for payment verification via the “Upload Receipt” function on the tkismo app. If tkismo does not receive payment confirmation within three (3) days, the buyer's order will be canceled.

(iv) Installment Purchase Plan

For orders over RM 500, buyers can make payments in installments. Installment payments are processed through third-party channels. Currently, the banks that support the installment plan are Maybank and Public Bank.

(v) Deferred Payment Using SPayLater Service (if applicable)

Buyers can make deferred payments on eligible orders using the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd. To offer the SPayLater service, SeaMoney will enter into a receivables purchase arrangement with eligible sellers, under which the seller's receivables from the buyer are sold to SeaMoney in exchange for payment by SeaMoney.

9.2 Buyers may only change their preferred payment method for their purchase before making payment.

9.3 tkismo is not responsible for any loss or damage caused to the buyer due to errors in the shipping information and/or payment information provided by the buyer or due to the buyer making incorrect remittances for the purchase of goods. We reserve the right to verify whether the buyer is formally authorized to use certain payment methods and may suspend transactions until such authorization is confirmed, or cancel the relevant transaction if such confirmation cannot be obtained.

10. Seller Wallet

10.1 Your account allows you to store funds received from your sales on the platform (“Seller Wallet”). The total amount of this money, minus any withdrawals, will be reflected as your Seller Wallet balance.

10.2 You may submit a transfer request (a “Withdrawal Request”) once per day at most to transfer funds from your Seller Wallet (up to your tkismo wallet balance) to your associated bank account (“Associated Account”). At its discretion, tkismo may also automatically transfer funds from your Seller Wallet to your Associated Account on a regular basis. tkismo can only process such transfers on business days, and such transfers may take up to two business days to be credited to your Associated Account.

10.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). For each additional Withdrawal Request beyond the Weekly Withdrawal Limit, tkismo may charge a fee of RM0.12 (“Withdrawal Fee”). The Withdrawal Fee is subject to sales and services tax (“SST”). tkismo may change the Weekly Withdrawal Limit and Withdrawal Fee at its discretion.

10.4 The proceeds from the sale of goods on tkismo should be credited to your Seller Wallet within three (3) days of delivery of the goods to the buyer or immediately upon confirmation of receipt of the goods by the buyer.

10.5 Once submitted, you may not modify or cancel a Withdrawal Request.

10.6 If an error occurs in processing any transaction, you authorize us to initiate debit or credit entries to your designated bank account to correct the error, provided that any such corrections comply with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit and any applicable fees to any other bank account or payment instrument on file with us or deduct the debit and applicable fees from your Seller Wallet in the future. If we are unable to credit your alternate account for any reason, we reserve the right to handle or process such funds according to applicable law, including submitting such funds to the Unclaimed Funds Registry (Jabatan Akauntan Negara Malaysia) (“Registry”) under the Malaysian Unclaimed Moneys Act, as applicable. In such a case, you may reclaim your unclaimed funds directly from the Registry, minus any fees or charges that may be imposed, without further recourse to us.

10.7 You authorize us to initiate debit or credit entries to your Seller Wallet for:

(i) Correcting any errors in processing transactions;

(ii) Where tkismo determines that you are engaging in fraudulent or suspicious activities and/or transactions;

(iii) Related to any lost, damaged, or incorrect items;

(iv) Related to any rewards or rebates;

(v) Related to any unpaid fees;

(vi) Related to the resolution of any transaction disputes, including any compensation to or from you;

(vii) Related to any prohibited items or items seized by customs;

(viii) Related to any changes of mind agreed upon by both the buyer and the seller;

(ix) Recovering any outstanding amounts owed to us (including late fees and/or interest); and

(x) Purchasing advertisement credits in the event you have activated the advertisement credit top-up feature and your advertisement credit falls below your minimum advertisement credit amount.

10.8 We reserve the right to limit, freeze, or suspend your Seller Wallet for any reason, including your failure to repay any outstanding amounts owed to us by the due date.