RETURN, REPLACEMENT AND REFUND

The customer may request for the cancellation of order, return or replacement of the purchased item and/or refund through the Platform within FIVE (5) days from the date of the customer’s confirmation on the receipt of the item purchased OR the date of the item purchased deem delivered to the customer, whichever shall be the earlier, for any one or more of the following reasons: -

1. Item delivered does not match the information, specification, description or displayed picture in the Platform;
2. Item delivered is faulty, defective or damaged or inferior in quality;
3. Item delivered is different from the product ordered;
4. Item delivered has a missing part, including accessories or free gift;
5. Item delivered is of a different quantity as the quantity purchased by customer;
6. Expired product;
7. Misleadingor misrepresentation on product information;
8. Suchother valid reasons acceptable to JYH or the

For the avoidance of doubt, an item purchased shall be DEEMED to have been delivered to the customer after the expiry of FIVE (5) days from the date of the Seller’s confirmation on the delivery of the item purchased supported by proof of delivery acceptable to JYH.

• Returnand Replacement

All request for (i) return and refund; or (ii) return and replacement shall be made directly to and handled by the Seller. The Seller shall respond to the customer’s queries and/or shall respond to the customer’s request for the cancellation of order and/or return or replacement of the item delivered within TWENTY FOUR (24) hour.

In the event that the Seller agrees to the customer’s request for cancellation of order and/or return and/or replacement of the item delivered, the Seller shall within a period of SEVEN (7) days from the date of the customer’s request for the (i) return and refund; or (ii) return and replacement of the item delivered respond to the customer’s request and thereafter take all reasonable steps to arrange for return and/or replacement amicably at its own costs and expenses.

If the Seller refuses to the customer’s request for the cancellation of order and/or return or replacement of the item delivered, a new solution shall be proposed by the Seller to the customer. At this stage, the Seller and the customer can negotiate independently without intervention or supervision from JYH. All negotiations between the Seller and the customer shall be conducted exclusively through the Platform and/or the Services provided by JYH. Any negotiations or discussions not taking place within the Platform and/or Services shall be deemed outside the control and responsibility of JYH. JYH shall bear no responsibility and liability for any actions, agreements, or events occurring outside the scope of its Platform or without its knowledge. The Seller shall take all reasonable steps to resolve the dispute amicably.

• Refund

The refund will be commenced and effected by JYH upon receipt by JYH of (i) a request for cancellation of order and a refund by the customer; and (ii) a notice of acceptance from the Seller accepting the cancellation of the customer’s order and agreeing for the refund. The Seller shall liaise directly with the customer and take all reasonable steps for the return of the item delivered (if applicable) within the aforesaid standard return period of SEVEN (7) days. In the event that the Seller fails to provide to JYH such notice of acceptance within the standard return period, then the Seller shall deem agreed to the refund and JYH shall deem irrevocably authorised by the Seller to initiate cancellation of the customer’s order and a refund after the standard return period.

In the event that the Seller disagrees to cancellation of the customer’s order and a refund, then the Seller shall within TWENTY FOUR (24) hour from the request by the customer for cancellation of order and refund, issue and forward to JYH a notice of rejection and the Seller shall respond to the customer’s request for the refund within TWENTY FOUR (24) hour. The Seller and the customer can negotiate and reach a mutual agreement between the parties on the refund.

• Interventionby JYH

If: -

• theSeller and the customer fail or are unable to reach a mutual agreement through negotiation at the expiry of SEVEN (7) days from the date of the customer’s request for cancellation of order, return or replacement of the item delivered and/or refund; or

• the Seller fails to effect the return and/or replacement of the item ordered by the customer according to the mutual agreement made between the Seller and the customer; or

• the Seller does not respond to the customer’s request for cancellation of order, return or replacement of the item delivered and/or refund;

JYH may intervene in the dispute settlement between the Seller and the customer.

In such event, JYH will assist to review the customer’s request for cancellation of order, return or replacement of the purchased item and/or refund and resolve the dispute. For the purposes of reviewing investigating and resolving the dispute, JYH may require information and/or evidence from the Seller and/or the customer, such as valid shipment consignment note, photographs or video of the parcel etc for such review prior to a decision making by JYH. The Seller and/or the customer shall provide clear valid and authentic information and/or evidence as may be required by JYH for the review and/or investigation within TWENTY FOUR (24) hour after such request made by JYH failing which JYH shall have the right to decide based on the existing evidence furnished to JYH.

JYH may make a decision according to the following standards: -

If the responsible party for the return cannot be clearly defined, the Platform has the right to rule that both the Seller and the customer shall jointly bear the shipping fee for the return freight (if applicable).

If any party fails to give full cooperation to facilitate the review and/or investigation, JYH has the right to decide in favour of the other party.

If after a decision has been made by JYH, the Seller and/or the customer disagree with JYH’s decision, the parties shall agree to submit to the exclusive jurisdiction of the Malaysia Courts. JYH shall withhold the refund to the customer or payment to the Forwarder or any other party until a court order has been obtained resolving the dispute or claim and JYH shall act in accordance with the terms of the court order. JYH shall not be liable for any loss, interest, penalties, or damages arising from the withholding of the refund or the payment in accordance with this provision.

ADMINISTRATIVE CHARGES, IF APPLICABLE

JYH shall be entitled to charge for the following administrative charges (if applicable) at the amount as may be determined by JYH from time to time and the Seller hereby irrevocably authorised JYH to deduct such administrative charges from the Seller’s account: -

1. Such costs and expenses incurred or to be incurred by JYH in the event of any dispute or claim arises between the Seller and the customer;
2. Suchexpenses incurred or to be incurred by or charges imposed on JYH in processing the payout to the Forwarder;
3. Suchcosts and expenses for marketing and/or advertisement at the Platform; and/or
4. Such other costs and expenses as may be incurred to enhance or improve thePlatform and/or the Services.

GOVERNING LAWS AND DISPUTE RESOLUTION

The laws of Malaysia shall apply and govern the terms and conditions herein.

In the event of any dispute, controversy, difference, claim or disagreement arising out of or in connection with the Seller’s subscription of and/or use of the Platform and/or the Services, including any question regarding its existence, interpretation, performance, termination or validity, or breach thereof ("Disputes"), the Seller agrees to enter into mediation for a minimum of THIRTY (30) days prior to initiating any legal action against JYH. The mediation will take place between the Seller and a relevant representative of JYH to be appointed at JYH’s sole and absolute discretion.

During this period of THIRTY (30) days, the Seller agrees not to disclose any information relating to the said Dispute or the mediation thereof to the public domain without the prior written consent of JYH and JYH shall have the right to the following: -

1. Withholdany sums due and payable by JYH to the Seller;
2. Suspensionof the Seller’s listing from the Platform;
3. Deactivationof the Seller’s

If following mediation, the Seller and JYH are unable to reach a mutual satisfactory resolution of the Dispute, such Dispute shall be governed by, and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the Malaysia Courts. All costs and expenses (including solicitors’ fee) in respect of any Dispute, suit, action or proceedings (legal or enforcement) which may arise out of or in connection with the use of the Platform and/or the Services and/or the terms and conditions herein shall be solely borne by the Seller.

Any records (including records of any telephone conversations relating to the Platform and/or the Services) maintained by JYH shall be binding on the Seller and conclusive for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between JYH and the Seller. All such records are admissible in evidence and shall not be challenged or disputed its admissibility, reliability, accuracy or authenticity of such records merely on the basis that such records are electronic form and are the output of a computer system and the Seller hereby waives any of its rights, if any, to object.

INDEMNITY

Notwithstanding anything herein contained JYH shall not be liable to the Seller nor shall the Seller have any claim against JYH in respect of (i) any breach or non-compliance or non- observance by the Seller of the terms and conditions herein; and/or (ii) use of the Platform and/or the Services. The Seller shall indemnify, keep indemnified and hold harmless JYH from and against all summonses, actions, proceedings, claims, demands, loss, damage, judgment, settlement, interest, costs and expenses including solicitors’ costs on solicitor-client basis for which JYH shall or may be or become liable in respect of and to the extent that may arise from

(i) any breach or non-compliance or non-observance by the Seller of the terms and conditions herein; and/or (ii) use of the Platform and/or the Services; and/or (iii) infringement of third party intellectual property rights; and/or (iv) any loss, damages or liability arising out of third party claims, proceedings, lawsuit or allegations.

ALL RIGHTS RESERVED

All rights reserved. The Platform and/or the Services and its contents including but not limited to information, materials, text, images, photographs, videos, graphics, logos and/or arrangement are owned by Snuggle Hub Sdn. Bhd. (1548544-H) (“Snuggle Hub”) and shall not be modified, copied, recorded, transmitted, reproduced, stored, distributed, broadcast, published and/or sold in whole or in part or commercially dealt with in any form or by any means unless with the prior written consent from Snuggle Hub.

INTELLECTUAL PROPERTY RIGHT

All rights of JYH trade mark, service mark, trade name, commercial symbol or other proprietary right are exclusive property of Snuggle Hub and all goodwill generated through the Seller’s use of the Platform and/or the Services shall inure solely for Snuggle Hub’s benefit.

The Seller is granted a non-exclusive, non transferable, limited licence to permit the Seller to access and use the Platform and/or the Services made available to the Seller during the Term for the purpose of the Seller’s business permitted by JYH only.

FORCE MAJEURE EVENT

JYH shall not be responsible and held liable to the Seller nor shall the Seller have any claim against JYH in respect of any loss of income, loss of profit, loss of market, loss of reputation, loss of customers, loss of use, loss of opportunity or other indirect, incidental, special, punitive, exemplary and consequential damages or loss howsoever incurred including without limitation

breach of contract, negligence, wilful act, any claims for delay or loss or destruction or damage as a consequence of a force majeure event.

NOTICES

All notices which are required to be given hereunder will be in English language and in writing. Such notices shall be sent to the address of the parties as follows or such other address as the recipient may designate by notice given in accordance with this clause.: -

If to JYH : -

Correspondence address :

Contact Person :

Contact No. :

Facsimile No. :

Email address :

If to the Seller : -

The Seller’s name : as stated in the application form Correspondence address : as stated in the application form Contact Person : as stated in the application form

Contact No. : as stated in the application form

Facsimile No. : as stated in the application form

Email address : as stated in the application form

Any such notice may be delivered personally by post or facsimile transmission or electronic mail to the addresses set forth above and will be deemed to have been received:

• ifby hand delivery, at the time of delivery; or
• ifby courier, pre-paid or registered post, FIVE (5) days after the date of mailing; or
• if by facsimile transmission, immediately upon transmission subject to the sender having received a transmission report confirming the successful transmission of the facsimile; or
• ifby electronic mail, upon successful transmission of the

NO PARTNERSHIP

Nothing contained herein shall constitute or be construed as creating a partnership or fiduciary relationship between JYH and the Seller and none of the parties hereto shall have any authority to bind or commit the other party. No provision herein is deemed to constitute either party as the legal representative or agent of the other for any purpose whatsoever. Neither party shall have any right or authority to assume, create or incur any liability or obligation of any kind expressed or implied against in the name or on behalf of the other party except as otherwise expressly provided herein or as may otherwise be agreed in writing by both JYH and the Seller.

ASSIGNMENT

The rights benefits and obligations of the Seller are personal to the Seller and shall not be capable of being assigned, delegated, transferred or otherwise disposed of save and except with the prior written consent of JYH. JYH may assign transfer its rights and/or transfer its obligations herein to a third party at the sole discretion of JYH.

TAXES

All sale and purchase transactions through the Platform is a supply of product or service from the Seller to customers. The price of all products or services at the Platform shall be in RM and shall include packing, packaging, transportation / shipping fee, taxes, charges, duties and all other expenses until the product or service is delivered to the customer and shall be final. The Seller shall bear and pay its own taxes, imports, royalties, charges and duties as may be levied by the government (state or federal) or regulatory bodies on each and all transaction performed at the Platform.

E-INVOICING

Pursuant to the e-invoice implementation by the Malaysian government, the Seller hereby consents and JYH is hereby authorised to provide such information on the Seller and the Seller’s transactions to the relevant government authorities in compliance with the applicable law in Malaysia and/or such rules and/or regulations as may be implemented by the relevant authorities from time to time.

LANGUAGE

Except as otherwise specifically provided to the contrary, all documents, notices, waivers and all other communications, written or otherwise, between JYH and the Seller in connection with the participation in and/or use of the Platform and/or the Services shall be in English language or if in any other language, accompanied by a translation in English. In the event of conflict between English text and text in any other language, the English text shall prevail.

CURRENCY

All sums of money or payment to be made to JYH shall be in Ringgit Malaysia or such currency as may be agreed by JYH.

CHANGE IN LAW

Notwithstanding the terms and conditions herein, JYH may with or without notice suspend deactivate or terminate the Seller’s account and services or cease to provide the Platform and/or the Services in the event of any introduction, imposition, variation or change in law, order, regulation, official directive or in the financial, economic or political conditions in Malaysia which in the opinion of JYH would render it inadvisable unlawful or impractical for JYH to continue to make available the Platform and/or the Services.

MISCELLANEOUS

1. Inconnection with the Seller’s use of the Platform and/or the Services, the Seller shall take all reasonable measures to avoid disclosure, dissemination or unauthorized use of such JYH’s information which is identified as confidential or that should reasonably be considered confidential. This provision shall survive the termination of the Seller’s account with JYH or the expiry of the Term.
2. Nofailure on JYH’s part to exercise or enforce and no delay on JYH’s part in exercising or enforcing any right hereunder will operate as a release or waiver No waiver (whether express or implied) by JYH of any of the terms and conditions herein or of any breach of or default by the Seller in performing any of those terms and conditions shall constitute a continuing waiver of the relevant terms and conditions or of any breach or default, and no such waiver shall prevent JYH from enforcing any of the

other provisions herein or from terminating such waiver or from subsequently acting upon or enforcing the said provisions or any subsequent breach or default by the Seller of the said provisions or any of the other provisions herein.

3. Knowledgeor acquiescence by JYH of or in any breach of any of the terms, conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, JYH shall be entitled to exercise its respective rights hereunder and to require strict performance by the Seller of the terms and conditions
4. If any one or more of the terms and conditions or part thereof herein should be or becomesinvalid or unenforceable due to whatsoever reason or reasons, this shall not in any way affect or impair the validity or enforceability of the remaining terms and conditions hereof.

5. The terms and conditions herein are intended solely for the benefit of the Seller and nothing herein shall beconstrued to create duty or liability to, or standard of care with reference to any other third party.

DEFINITIONS & INTERPRETATIONS

“customer” means a third party, who purchases a product on the Platform.

“force majeure” means all or any one (1) of the following events or occurrences: -

1. Act of God, explosion, flood, tempest, fire, storm, weather condition, natural disaster or accident
2. Waror threat of war, embargo, sabotage, riot, insurrection, civil disturbance or requisition, act of public enemy, terrorism or hostilities
3. Acts, restraints, restrictions, regulations,bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
4. Importor export regulations or embargoes
5. Interruptionof traffic, strikes, lock-out, trade disputes, industrial actions
6. Healthepidemics
7. Suchunforeseen event contingency or cause beyond JYH’s control

“law” means all laws, orders, decrees, rules, regulations, circulars, notices or guidelines, including the requirements of any regulatory authority, having legal effect and as applicable to a party in respect of its rights and obligations under the terms and conditions herein.

“order” means the request for purchase made by a customer by using the Platform.

“Minors” means the minority of all males and females below the age of eighteen (18) years old.

“RM” or “Ringgit Malaysia” means the lawful currency of Malaysia.

“Seller” means the seller approved by JYH to conduct its business at the Platform and/or to use the Services.

“JYH” means JYH, its subsidiaries, partners, affiliates, directors, employees, officers, counsels, consultants, agents, representatives and/or third parties providing services for and on behalf of JYH.

“JYH’s supported freight forwarder” / “the Forwarder” means

Any reference to a date or time is a reference to that date or time in Malaysia. Time wherever mentioned herein shall be of the essence.