2. CONDITIONS OF USE
A. YOUR ACCOUNT
To access certain services offered by the platform, we may require that you create an
account with us or provide personal information to complete the creation of an account.
We may at any time in our sole and absolute discretion, invalidate the username and/or
password without giving any reason or prior notice and shall not be liable or
responsible for any losses suffered by, caused by, arising out of, in connection with or
by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification,
password, account details and related private information. You agree to accept this
responsibility and ensure your account and its related details are maintained securely
at all times and all necessary steps are taken to prevent misuse of your account. You
should inform us immediately if you have any reason to believe that your password has
become known to anyone else, or if the password is being, or is likely to be, used in an
unauthorized manner. You agree and acknowledge that any use of the Site and related
services offered and/or any access to private information, data or communications using
your account and password shall be deemed to be either performed by you or authorized by
you as the case may be. You agree to be bound by any access of the Site and/or use of
any services offered by the Site (whether such access or use are authorized by you or
not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold
you solely responsible and liable in respect thereof as if the same were carried out or
transmitted by you. You further agree and acknowledge that you shall be bound by and
agree to fully indemnify us against any and all losses arising from the use of or access
to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all
times. You are obligated to update details about your account in real time by accessing
your account online. For pieces of information you are not able to update by accessing
Your Account on the Site, you must inform us via our customer service communication
channels to assist you with these changes. We reserve the right to refuse access to the
Site, terminate accounts, remove or edit content at any time without prior notice to
you. We may at any time in our sole and absolute discretion, request that you update
your Personal Data or forthwith invalidate the account or related details without giving
any reason or prior notice and shall not be liable or responsible for any losses
suffered by or caused by you or arising out of or in connection with or by reason of
such request or invalidation. You hereby agree to change your password from time to time
and to keep your account secure and also shall be responsible for the confidentiality of
your account and liable for any disclosure or use (whether such use is authorised or
not) of the username and/or password.
B. PRIVACY
Please review our Privacy Agreement, which also governs your visit to the Site. The
personal information / data provided to us by you or your use of the Site will be
treated as strictly confidential, in accordance with the Privacy Agreement and
applicable laws and regulations. If you object to your information being transferred or
used in the manner specified in the Privacy Agreement, please do not use the Site.
C. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online platform that enables
you to purchase products listed at the price indicated therein at any time from any
location using a payment method of your choice. You further agree and acknowledge that
we are only a facilitator and cannot be a party to or control in any manner any
transactions on the Site or on a payment gateway as made available to you by an
independent service provider. Accordingly, the contract of sale of products on the Site
shall be a strictly bipartite contract between you and the sellers on our Site while the
payment processing occurs between you, the service provider and in case of prepayments
with electronic cards your issuer bank. Accordingly, the contract of payment on the Site
shall be strictly a bipartite contract between you and the service provider as listed on
our Site.
D. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is
uninterrupted and error-free. However, due to the nature of the Internet and the nature
of the Site, this cannot be guaranteed. Additionally, your access to the Site may also
be temporarily suspended without notice for system maintenance, updates, or other
operational reasons.
E. USER CONDUCT
You agree not to use the Site for any unlawful purpose or in any way that could damage
the Site or interfere with other users' use of the Site. You agree not to attempt to gain
unauthorized access to the Site or any part thereof.
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with
the Sellers ("We" or "Our" or "Us", wherever applicable) on the Site. These conditions
signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site
B. THE CONTRACT
Your order is a legal offer to the seller to buy the product or service displayed on our
Site. When you place an order to purchase a product, any confirmations or status updates
received prior to the dispatch of your order serves purely to validate the order details
provided and in no way implies the confirmation of the order itself. The acceptance of
your order is considered confirmed when the product is dispatched to you. If your order
is dispatched in more than one package, you may receive separate dispatch confirmations.
Upon time of placing the order, we indicate an approximate timeline that the processing
of your order will take however we cannot guarantee this timeline to be rigorously
precise in every instance as we are dependent on third party service providers to
preserve this commitment. We commit to you to make every reasonable effort to ensure
that the indicative timeline is met. All commercial/contractual terms are offered by and
agreed to between you and the sellers alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties related to products and services and after sales
services related to products and services. MyanLife does not have any control or does
not determine or advise or in any way involve itself in the offering or acceptance of
such commercial/contractual terms between the you and the Sellers. The seller retains
the right to cancel any order at its sole discretion prior to dispatch. We will ensure
that there is timely intimation to you of such cancellation via an email or sms. Any
prepayments made in case of such cancellation(s), shall be refunded to you within the
time frames stipulated.
You confirm that the product(s) or service(s) ordered by you are purchased for your
internal / personal consumption and not for commercial re-sale. You authorize us to
declare and provide declaration to any governmental authority on your behalf stating the
aforesaid purpose for your orders on the Site. The Seller or the Site may cancel an
order wherein the quantities exceed the typical individual consumption. This applies
both to the number of products ordered within a single order and the placing of several
orders for the same product where the individual orders comprise a quantity that exceeds
the typical individual consumption. What comprises a typical individual's consumption
quantity limit shall be based on various factors and at the sole discretion of the
Seller or ours and may vary from individual to individual.
You may cancel your order at no cost any time before the item is dispatched to you.
Please note that we sell products only in quantities which correspond to the typical
needs of an average household. This applies both to the number of products ordered
within a single order and the placing of several orders for the same product where the
individual orders comprise a quantity typical for a normal household.
C. RETURNS
Please review our Returns Policy for details.
D. PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Kyats or USD and are not inclusive of GST
and are listed on the Site by the seller that is selling the product or service. Items
in your Shopping Cart will always reflect the most recent price displayed on the item's
product detail page. Please note that this price may differ from the price shown for the
item when you first placed it in your cart. Placing an item in your cart does not reserve
the price shown at that time. It is also possible that an item's price may decrease between
the time you place it in your basket and the time you purchase it.
We do not offer price matching for any items sold by any seller on our Site or other
websites.
We are determined to provide the most accurate pricing information on the Site to our
users; however, errors may still occur, such as cases when the price of an item is not
displayed correctly on the Site. As such, we reserve the right to refuse or cancel any
order. In the event that an item is mispriced, we may, at our own discretion, either
contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has
been confirmed and your prepayment processed. If such a cancellation occurs on your
prepaid order, our policies for refund will apply.
We list availability information for products listed on the Site, including on each
product information page. Beyond what we say on that page or otherwise on the Site, we
cannot be more specific about availability. Please note that dispatch estimates are just
that. They are not guaranteed dispatch times and should not be relied upon as such. As
we process your order, you will be informed by e-mail or sms if any products you order
turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various reasons.
The Site reserves the right to refuse or cancel any order for any reason at any given
time. You may be asked to provide additional verifications or information, including but
not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain
validation of your payment details before providing you with the product and to verify
the personal information you shared with us. This verification can take the shape of an
identity, place of residence, or banking information check. The absence of an answer
following such an inquiry will automatically cause the cancellation of the order within
a reasonable timeline. We reserve the right to proceed to direct cancellation of an
order for which we suspect a risk of fraudulent use of banking instruments or other
reasons without prior notice or any subsequent legal liability.
E. RESELLING Shop PRODUCTS
Reselling Shop products for business purpose is strictly prohibited. If any unauthorized
personnel is found committing the above act, legal action may be taken against him/her.
F. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the
purchase of products from the Site and you agree to bear any and all applicable taxes as
per prevailing law.
G. COMMUNCATING WITH US
When you visit the Site, or send e-mails to us, you are communicating with us
electronically. You will be required to provide a valid phone number while placing an
order with us. We may communicate with you by e-mail, SMS, phone call or by posting
notices on the website or by any other mode of communication we choose to employ. For
contractual purposes, you consent to receive communications (including transactional,
promotional and/or commercial messages), from us with respect to your use of the website
(and/or placement of your order) and agree to treat all modes of communication with the
same importance.
H. LOSSES
We will not be responsible for any business or personal losses (including but not
limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or
wasted expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when you commenced using the website.
I. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and
conditions and any other publicly displayed condition or service promise at any time.
You will be subject to the policies and terms and conditions in force at the time you
used the website unless any change to those policies or these conditions is required to
be made by law or government authority (in which case it will apply to orders previously
placed by you). If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the validity
and enforceability of any remaining condition.
J. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
K. WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve
the right to conduct business to achieve our objectives in a manner we deem fit. You
also acknowledge that if you breach the conditions stated on our Site and we take no
action, we are still entitled to use our rights and remedies in any other situation
where you breach these conditions.
L. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of
the Republic of the Union of Myanmar. You agree, as we do, to submit to the exclusive
jurisdiction of the courts in Yangon.
M. REPRESENTATIONS AND WARRANTIES
We do not make any representation or warranty as to specifics (such as quality, value,
saleability, etc) of the products or services listed to be sold on the Site when
products or services are sold by third parties. We do not implicitly or explicitly
support or endorse the sale or purchase of any products or services on the Site. We
accept no liability for any errors or omissions, whether on behalf of itself or third
parties.
We are not responsible for any non-performance or breach of any contract entered into
between you and the sellers. We cannot and do not guarantee your actions or those of the
sellers as they conclude transactions on the Site. We are not required to mediate or
resolve any dispute or disagreement arising from transactions occurring on our Site.
We do not at any point of time during any transaction as entered into by you with a
third party on our Site, gain title to or have any rights or claims over the products or
services offered by a seller. Therefore, we do not have any obligations or liabilities
in respect of such contract(s) entered into between you and the seller(s). We are not
responsible for unsatisfactory or delayed performance of services or damages or delays
as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) or related information as reflected on the Site may due to
some technical issue, typographical error or other reason by incorrect as published and
as a result you accept that in such conditions the seller or the Site may cancel your
order without prior notice or any liability arising as a result.