Terms & Conditions

Please read these Terms and Conditions (alternatively referred to as “Terms”) carefully before using our Service. These Terms and Conditions are legally binding agreements and outlines the rights and responsibilities for Customers (alternatively referred to as “You”, “Your”, “Yours”) and 123Zay (alternatively referred to as “We”, “Our”, “Us”). By assessing, browsing and placing an order with us, you confirm that you agree to and are bound by these Terms and Conditions as set out below. These Terms and Conditions are governed by applicable laws, rules, procedures, notifications, directives and instructions of the Union and apply to the entire website, emails, and any other type of communications made between the Customer and 123Zay. If you disagree with any part of these Terms and Conditions, then you may not access the Service.

1. Interpretation

The words of which the initial letter is capitalized have the meaning defined under the Clause 2 (Definitions). The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. Definitions

For the purposes of these Terms and Conditions;

“Account” means a unique account created for you to access our Service or part of our Service.
“Customer” means a customer who is the end-customer of 123Zay.
“Order” means a request by you to purchase a Product from Us.
“Product” means the product or item offered for sale on the Service.
“Refund” means any full or partial payment, which the Customer refuses to honor or demands a refund because the Product or Service purchased from 123Zay was not as it was promised or was defective, deficient, incomplete and/or unsatisfactory for any reason whatsoever or if an Order of a Customer was cancelled by the Customer.
“Service” means any service provided by 123Zay to you on its application or website and that is availed of by the Customer, and the payment for which is to be made through 123Zay.
“Terms and Conditions” mean these terms and conditions that form the entire agreement between you and 123Zay regarding the use of Service.
“Union” means the Republic of the Union of Myanmar.

3. Acknowledgement

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions that apply to all visitors, users, customers and others who browse 123Zay website and application.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy which describes our policies and procedures on the collection and the utilization of your personal information when you use the application or the website and tells you about your privacy rights. It is advised to read our Privacy Policy carefully before using our Service.
You must acknowledge that you have reached at least 18 years of age to use this Service. Customers who wish to use this Service but are under 18 years of age shall not agree and accept these Terms and Conditions, unless with the approval of parent(s) or legal guardian(s) who are liable for any payment. Without the approval of parent(s) or legal guardian(s), the Customer under 18 years of age shall cease using this Service.
By agreeing to our Terms and Conditions, you acknowledge and accept that you shall refrain from using our Products and Services for unlawful or unauthorized activities, and that you shall adhere to all legal regulations for the time being in force.
All communications, including but not limited to emails, texts, social media messages exchanged between you and 123Zay may be recorded either to protect each party’ rights or to ensure quality, or for legal considerations.

4. Creating an Account

When you create an Account with us, you must provide information that is accurate, complete and up-to-date at all times by entering your full legal name, residing address, phone number, a valid email address, and any other information indicated as required. We reserve the right to reject your application for Account, or cancel an existing Account if information provided are found inaccurate, incomplete and outdated.
To be able to provide Service to the Customer, to respond to the request of the Customer, to use in legal affairs, to enforce rules and regulations, to settle any affairs arising out of this Service, and to send information concerning the Service, you must agree and grant 123Zay to access your information which has been provided at the time of creation of the Account and updated by you from time to time.
Creating your account in 123Zay either through a mobile phone or a website or any other electronic means constitutes an agreement that you accept and agree to receive information in relation to the Product and Service to the mobile phone or email address through SMS or other means of communication as mentioned therein.
You are solely responsible for safeguarding the password and personal information that you use to access the Service and for any activities or actions under your password and personal information, whether your password or personal information is with our Service or a third-party service.
We shall not be held liable in any way for losses, damage and costs incurred to you which arise from your failure for safeguarding the password and personal information.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are solely responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

5. Purchasing Policy

Our Service allows you to browse listings, prices, promotions and search of a Product. You can access detailed information, and choose desired specifications before adding them to the cart or exploring other Products directly.
The purchase of a Product mandates a full payment. A successful payment for the transaction is necessary to finalize your product purchase. In the event that the payment is successful but a confirmation for product purchase is not received, or if an error occurs, you should immediately report the status to us.
Your Order may be canceled at any time for which you have not successfully paid, and that the prices are subject to change according to the recent market rate before you have successfully paid. We reserve the right to decline your purchase for any reasonable grounds.
While we aim to provide accurate descriptions of Products and Services to the best of our ability, we do not warrant that the descriptions are error-free, complete, current nor updated.
Promotional codes, discount offers and/or coupons may be offered for a limited time. 123Zay reserves the right to modify, alter, change, terminate or cancel at any time for any reasonable grounds with prior notice to the Customers. Therefore, Customers are advised to carefully read the relevant terms and condition of those promotional codes, and discount offers before using them.
When you purchase a Product through our application or website, it is your responsibility to provide accurately completed information when filling in the required fields, e.g. address, contact number, etc., and select the delivery method correctly. Your Order may be canceled at any time for which you have not provided your information sufficiently.
We shall not be held liable for any consequences caused by incorrect or incomplete information filled or provided by you purchasing through our Service.
We only provide a platform for exhibition and listing of the Products by the retailers, and shall not be held liable to you for any damage incurred by you in connection with your negligence and misconduct of any Products purchased through our Service. We also advise you to check the Products purchased through our Service on the receipt of those Products delivered to you.
You must adhere to the Terms and Conditions set by us with respect to these modifications, and acknowledge that our decision so rendered holds sole legal validity.

6. Pricing Policy

Prices of the Products listed on our website and application may be subject to changes at any time if the retailers have increased the prices of their Products due to any reasonable occurrence, including but not limited to, government’s change of law and/or actions, variation in customs duties, increased shipping charges, or higher foreign exchange rates and any other matters.
Any special promotions or discounts offered are subject to specific terms and conditions. These promotions may be time-limited and cannot be combined with other offers unless explicitly stated. You are advised to carefully read the relevant terms and condition of those promotional codes, and discount offers before using them.
In the event of a pricing error or discrepancy, we reserve the right to correct the error and notify you of the corrected price. If you find the corrected price is not acceptable, you will have the option to cancel the Order.
Payment terms will be specified at the time of the Order. We may offer various payment options, including but not limited to, credit card, bank transfer or other applicable methods. The payment must be paid in full before the Products are dispatched unless other arrangements have been agreed upon between the Customer and 123Zay.

7. Refund Policy

If the Product you received is defective or damaged or was never received due to the default of the Vendor or any Force Majeure events, you are eligible for a full Refund. You should contact our Customer Service team within forty-eight (48) hours of receiving the Product to report this issue and initiate the Refund process.
If you receive the incorrect Product, you should contact our Customer Service team within forty-eight (48) hours of receiving the Product to arrange for a return and replacement, or a Refund.
Certain products such as perishable goods, customized or personalized products, gift cards, products marked as final sale or non-returnable products are ineligible for Refunds.
The Product must be returned in its original condition, unused, and with all original packaging (if any), related tags and accessories. Products that have been used, damaged or altered in any way by the Customer will be ineligible for a Refund.
A valid receipt or proof of purchase is required to process any Refund request. If the item is a gift, a gift receipt or proof of the original purchase is necessary.
Once we receive your returned item, it will be inspected to ensure it meets the eligibility criteria. If we determine that the Customer has misrepresented the condition of the Product or has returned a damaged product due to Customer’s misuse, missing parts, or tampering, Customer will be charged a restocking fee based on the condition of the Product. The fee may be higher if the Product is in unsellable condition.
We do not examine or evaluate any third-party businesses or individuals, nor endorse their offerings or contents. We do not assume any liability or responsibility for the actions, products or contents of such third-parties.
In the event that a third-party is involved in your transaction, we may share customer information with such a third-party to a minimal extent permitted by the law and on reasonable grounds to believe that it is necessary so as to complete a transaction. It is advised that you carefully review their Privacy Policy and Terms of Service.

8. Cancellation Policy

Customers have the option to cancel an Order within twenty-four (24) hours of placing it and Customers is entitled to a full refund if any digital transactions has been made. The Refund will be processed within three (3) business days.
If Customers cancel an Order after the specified time frame within twenty-four (24) hours of placing the Order, Customers will be charged (_____) % of the original price to cover the administrative fees. Orders cannot be cancelled once they have been dispatched.
If Customers wish to make changes to the Order, they must do so within the twenty-four (24) hours of placing the Order.

9. Customer Obligations

Customer agrees to comply with all applicable laws and regulations when using 123Zay.
Customer agrees to provide 123Zay with all required and accurate information in connection with its bookings and purchase of 123Zay’s Products and Services, and use all reasonable efforts to provide such information sufficiently.
Customer shall be responsible for the taxes incurred in connection with the utilization of 123Zay.
Upon receipt of the ordered Product at your designated destination, it is imperative to thoroughly inspect the condition of the received product. The acceptance of your Order is considered “Confirmed Status” when the product has been dispatched to you.
In the event that the Customer identifies any discrepancies or errors upon the delivery of Products, it is imperative that the Customer promptly contacts 123Zay.
Customer acknowledges that it shall be held liable for its own actions while using Products in a manner that violates applicable laws.
Customer shall use 123Zay for the usual and lawful purposes only, and shall not indulge in any activities that are not envisaged in these Terms and Conditions.
Customer acknowledges and understands its responsibility for checking, comprehending and complying with all the policies, terms, procedures, enactments, orders, security guidelines and other rules and regulations including but not limited to the process of payments, changes, modifications, cancellation and Refunds in connection with its payments for the booked 123Zay’s Products and Services.

10. Prohibited and Restricted Activities

The Customer acknowledges that this Service is for its personal and non-commercial use only. The Customer agrees to refrain from the following acts, inter alia, in receiving the Service:

Using 123Zay for any purpose in violation of an applicable laws and rules for the time being in force.
Posting or transmitting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.
Posting or transmitting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by 123Zay in its sole discretion or pursuant to the acceptable community standards.
Posting or transmitting content that constitutes cyber-bulling as determined by 123Zay in its sole discretion.
Posting or transmitting content that depicts any dangerous, life-threatening, or otherwise risky behavior.
Posting or transmitting private information of any person without such person’s expressed consent.
Posting or transmitting spams or phishing links, codes, addresses or disrupting the Service of 123Zay by using any electronic means.
Impersonating another person when creating and using the Account or posting other content.
Harvesting or otherwise unlawful collecting any kind of information of any person without such person’s expressed consent.
Conducting acts and using software that can harm 123Zay server or disrupting the Service, including by using other automatic means such as Robot, Spider, Scraper, Script and Web Crawler.
Concealing the source of receiving the Service by forging identifier codes or changing data.

11. License

These Terms and Conditions grants the Customer a revocable, non-exclusive, non-transferable, limited license to download, install and use of website and application in accordance with these Terms and Conditions.
123Zay is entitled to revoke the license granted to Customer at any time, whether with or without prior notice to the Customer, if 123Zay has reasonable grounds to believe that the Customer is in breach of any of these Terms and Conditions, or is required to do so in compliance with any applicable laws or government instruction.

12. Termination of Service

The Customer may terminate the Service at any time by filling a sheet of termination form generated by 123Zay and providing the reason relevant account information for termination.
Upon termination, the Customer will no longer have access to the Service. Any data or content associated with the Customer’s Account may be permanently deleted and the Customer’s right to use the Service will immediately cease.
123Zay reserves the right to terminate and suspend the Customer’s access to the Service without prior notice for reasons including but not limited to violation of the Terms and Conditions and/or any other applicable policies, the Customer’s engagement in fraudulent or illegal activities, the Customer’s non-payment of fees or charges due for the Service, government instruction and/or any action that may cause harm or disruption to the Service or its Customers.
In the event of termination or suspension initiated by 123Zay, the Customer will be notified via email or other means of communication as deemed appropriate by 123Zay. Any outstanding payments of the Customer will become immediately due and payable upon termination.
123Zay will retain the Customer’s data for a reasonable period after such termination or suspension, and will use its best endeavor to deliver a copy of the information retained the Customer if requested.
123Zay may, from time to time as may be necessary, temporarily suspend the Customer’s access to the Service for maintenance, upgrades, or other operational reasons. 123Zay will endeavor to provide advance notice of such suspensions, but cannot guarantee that notice will be provided.

13. Sending Notifications

Customer agrees and accepts to receive notifications sent by 123Zay, and/or making reasonable contact by phone, email address, or other means of communication through the information provided by the Customer at the time of Account creation on 123Zay, or as updated by the Customer at its Account from time to time.
Notification on new movies, programs, promoting programs, surveys collected from the Customers, and/or due payments to be made by the Customers may be sent through a notification via phone call or SMS, or in the application and website of 123Zay.
Customers acknowledge and agree that 123Zay reserves the right to send data, content, text, software, voice mail, photos, designs, videos, messages, and related contents and other content to the Customers.
Customer has the option to choose “unsubscribed” option in the event that Customer does not wish to receive any notifications, contents or contacts by123Zay.

14. Indemnity

The Customer shall be solely liable to settle, compromise, resolve, defend, reimburse, compensate, and hold 123Zay, including its partners, shareholders, directors, officers, employees, agents, representatives, subsidiaries, and affiliates, harmless from any direct or indirect allegation, claim, demand, lawsuit, loss, liability, or expense of any kind, including reasonable lawyer’s fees, that arises from the Customer’s actions, its use or misuse of 123Zay’s Service, its breach of the Terms and Conditions, items it buys through the Service, and/or its actual or alleged violation of any law or any third party’s rights.
123Zay has right to make necessary arrangements for its legal defense as it thinks fit, even if the Customer is indemnifying 123Zay. In this case the Customer agrees to cooperate with 123Zay.

15. Limitation of Liabilities

The Customer understands and agrees that 123Zay shall not be liable for temporary interruptions in the platform due to scheduled system maintenance, internet or electronic communication breakdown, electricity disruption, government action, Force Majeure events or other means that are beyond the control of 123Zay.
The Customer shall use the Services of 123Zay at its sole risk and discretion, and neither 123Zay nor its officers, directors, employees, agents, subsidiaries, partners or affiliates shall be liable to the Customer for any costs, losses and damage of the Customer or any other person arising from or in connection with the negligence and misconduct of the Customer in using this Service and/or in breach of these Terms and Conditions.
Neither 123Zay nor its officers, directors, employees, agents, subsidiaries, partners or affiliates shall be liable to the Customer for any profits or revenues lost, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Customer in using this Service or performance of these Terms and Conditions.

16. Representations and Warranties

The Customer should understand that our Services are provided “As is” and “As available” without any kind of warranty, either express or implied. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage or trade.
123Zay does not guarantee that (i) Services will be secure or available at any particular time or location, (ii) any defects or errors of the Services will be corrected, or (iii) Services will be free of viruses, technical problems and other errors.

17. Intellectual Property Rights

123Zay is the owner of all intellectual property, including but not limited to, wordings, pictures, signs, logos, trademarks, service marks, trade names, design works and programming codes that are developed by 123Zay in all documents, website and application.
The Customer shall not reproduce, marketing, advertise, exploit, modify or use the intellectual property rights of 123Zay in any means without obtaining express consent of 123Zay.

18. Force Majeure

The Customer understands that 123Zay shall not be liable for any failure of or delay in the performance of this Service for the period when such failure or delay is caused beyond reasonable control of 123Zay, including but not limited to Acts of God, war, attacks, strikes, embargoes, government orders, fire, flood, torrential rain, storm or other extreme weather conditions, riot, insurrection, civil commotion, sanctions, boycott, electricity disruptions, equipment and network failures, epidemic or pandemic, or any other Force Majeure events. Performance of this Service will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended by 123Zay until such events cease to exist.
It shall not be considered a breach of these Terms and Conditions for - such failure to perform, or delay in performing, any such obligations set out in these Terms and Conditions while Force Majeure event occurs or continues, and 123Zay shall not be liable to the Customer or any other party for such failure or delay in performance.

19. Amendment

The Customer acknowledges that 123Zay reserves the right to amend, modify or substitute any provisions of these Terms and Conditions or to the Services and/or any charges at any time for any reason at its sole discretion and without any prior notice.
The amended Terms and Conditions are in effect as soon as they are made available online. Customers will be notified of such amendment to the Terms and Conditions. The Customers that continue to use our Services after the receipt of the notification of the Terms and Conditions amendment shall be deemed those that acknowledge and agree to comply with the amended Terms and Conditions. If the Customer does not agree with the whole or part of the amended version, the Customer shall cease the use of the Services.

20. Severability

Each of the provisions of this Terms and Conditions shall be several and distinct from one another. If any of the provisions of these Terms and Conditions becomes invalid, void, illegal or unenforceable in any respect under any law, it shall not affect or impair the validity, legality and enforceability of the remaining provisions in any way whatsoever.

21. Assignment and Successors

The Customer shall not assign its rights or obligations under these Terms and Conditions, in whole or in part, nor subcontract to perform any rights or obligations of these Terms and Conditions, without obtaining express consent from 123Zay.
123Zay has the right at all times to assign or transfer any of its rights or obligations under these Terms and Conditions either to any assigns or successors of 123Zay, without obtaining express consent of any Customer.

22. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Union.
The competent court of its jurisdiction shall have exclusive authority to solve any dispute arising from or under these Terms and Conditions.

23. Waiver

Failure or delay on part of either party to enforce any provision(s) of these Terms and Conditions at any point of time shall not be construed to be a waiver by such party of such rights thereafter to enforce each and every provision of these Terms and Conditions.

24. Language

These Terms and Conditions are made in English and Burmese versions, and shall be equally authentic and effective. In case of any discrepancy between the two versions, the Burmese version shall prevail.

Terms & Conditions

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