It is vendor’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance with NUKO MANUFACTURING (M) SDN BHD’ terms and policies before listing the item on the selling platform. For the vendors’ convenience, NUKO MANUFACTURING (M) SDN BHD has provided below a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale on Market Place, NUKO MANUFACTURING (M) SDN BHD will update this guideline from time to time where necessary. Please visit this page regularly for updates.
1 VIOLATION OF OUR TERMS OF SERVICE
Violations of this Prohibited and Restricted Items Policy may subject the Supplier to a range of adverse actions, including but not limited to any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and termination
- Legal actions
2. LIST OF PROHIBITED AND RESTRICTED ITEMS
(i) Animal and wildlife products (including, without limitation, wild animals);
(ii) Artifacts and antiquities;
(iii) Used cosmetics;
(iv) Counterfeit currency and stamps;
(v) Credit and debit cards;
(vi) Currency or credits including, without limitation, digital currency or credits, and stored value cards;
(viii) Telecommunication equipment that has not been registered with the Malaysian Communications and Multimedia Commission (MCMC), and electronic surveillance equipment and other similar electronic equipment such as cable TV, de-scramblers, radar scanners, traffic signal control devices, wiretapping devices and telephone bugging devices;
(x) Firearms, weapons such as pepper spray, replicas, and stun guns, etc.;
(xi)Alcohol (a valid license must be submitted to, and approved by, NUKO MANUFACTURING (M) SDN BHD);
(xii)Prohibited Food: For the safety of our Users, Suppliers may not list the following food and food-related items on our Site:
a. Listings containing medicinal claims - that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals, contraception, inducing anesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements);
b. Noxious food items - Food which contains any prohibited substances or substances in excess of permitted proportions, adulterated food without fully informing Buyer at the time of sale of the nature of the transaction;
c. Non-pasteurized dairy products;
d. Wild mushrooms; and
e. Any other food items hazardous to human health.
xi. Food not falling into the Prohibited Food category above must adhere to these minimum standards and guidelines:
a. Expiration dates – all food items must be clearly and properly labelled with an expiration or “use by” date. Expired food items must not be listed.
b. Sealed containers – all food and related products sold on the Site should be packaged or sealed to ensure that Buyer can identify evidence of tampering or defect; and
c. Perishable food items - Suppliers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are properly packaged.
xiii. Government or Police related items such as badges, insignia or uniforms
xiv. Human parts or remains
xv. Lock-picking devices
xvi. Lottery tickets
xviii. Potentially infringing items: Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties.
xix. Services: Unless expressly allowed by NUKO MANUFACTURING (M) SDN BHD, the provision of services, including but not limited to services that are sexual, illegal in nature or in violation of the Terms of Service, are prohibited on NUKO MANUFACTURING (M) SDN BHD’s platform.
xx. Slot machines
xxi. Recalled items
xxii. Shares, stock, other securities and stamps
xxiii. Tobacco or tobacco-related products, including without limitation electric cigarettes/e-juices that contain nicotine;
xxiv. Obscene, seditious or treasonous materials
xxv. Publications, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery
xxvi. Stolen goods
xxvii. Mislabeled goods; and
xxviii. Any other items that are, or that contain components that are (i) illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities, or (ii) determined by any governmental or regulatory authority to pose a potential health or safety risk.
If you see a listing that violates our policies, please report it to us by clicking the “Report this Product” or “Report this User” button from the drop-down menu in the product or the user page. When a policy violation occurs, we will send an email, system message and push notification to Seller to let them know that the listing has been removed from our Website. We will also send a push notification to Buyer of said listing. You are responsible for ensuring that your phone settings allow you to receive push notifications.
3. Market Place 100% Authentic Product Policy
3.1 All products listed by vendors must be 100% authentic.
3.2 Counterfeit products are prohibited from being listed in Market Place. The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:
·A product that violates any local country laws in which they are sold;
·A product that is a fake or a replica of an existing official product;
·A product that has never been produced by a specific brand;
·A product that is significantly lower-priced;
·A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
·A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
·A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
·A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
·Usage of a photo on the listing that contains the trademark of a brand.
3.3 Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.
3.4 If requested by NUKO MANUFACTURING (M) SDN BHD, the vendors shall promptly provide documentation to NUKO MANUFACTURING (M) SDN BHD that proves (to NUKO MANUFACTURING (M) SDN BHD’s reasonable satisfaction) the authenticity of the Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5 If the vendors fails to provide Proof of Authenticity, the vendors shall:
(a) accept the return of the Mall Item from the Buyer;
(b) refund to the Buyer twice the amount that the Buyer paid for the Item or, where NUKO MANUFACTURING (M) SDN BHD has already refunded this amount to the Buyer, the Seller shall refund such amount to NUKO MANUFACTURING (M) SDN BHD;
(c) be liable to compensate NUKO MANUFACTURING (M) SDN BHD for such other costs, expenses, losses and liabilities suffered or incurred by NUKO MANUFACTURING (M) SDN BHD (including, but not limited to, loss of goodwill) as determined at NUKO MANUFACTURING (M) SDN BHD’s sole discretion.
3.6 In the event that NUKO MANUFACTURING (M) SDN BHD determines, at its sole discretion, that vendors has violated Section 3, NUKO MANUFACTURING (M) SDN BHD may take all appropriate measures, including but not limited to removing the counterfeit Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Mall Seller's NUKO MANUFACTURING (M) SDN BHD account and/or access to NUKO MANUFACTURING (M) SDN BHD Mall. Mall Seller's obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Mall Seller’s account.
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