Terms of Use

1. About the Platform

Kongsee is an online marketplace for new and secondhand books and related items. We provide the venue and tools that allow buyers and sellers to transact. Unless expressly stated otherwise for a given listing, Kongsee is not the seller of items listed by third-party sellers, and the contract of sale for such items is between the buyer and the seller.

2. Eligibility and Accounts

• You must be at least 18 years old, or use the Platform under the supervision of a parent or legal guardian.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• Information you provide when registering or transacting must be accurate, current, and complete.
• Sellers of secondhand goods may be required to provide identity documents as described in our Privacy Policy, in accordance with applicable Malaysian law.

3. Buying and Selling

Purchases, shipping, and returns are additionally governed by our Shipping Policy and Refund & Returns Policy. Sellers are responsible for the accuracy of their listings, the condition of their items, and compliance with applicable law. We may remove listings, withhold visibility, or suspend selling privileges where we reasonably believe a listing or seller breaches these Terms or applicable law.

4. Acceptable Use

You agree not to:

• Use the Platform for any unlawful, fraudulent, or misleading purpose.
• List counterfeit, stolen, or prohibited items.
• Interfere with or disrupt the Platform, its servers, or its networks.
• Attempt to gain unauthorised access to any account, system, or data.
• Circumvent, disable, or otherwise interfere with security features, rate limits, or access controls of the Platform.
• Misrepresent your identity or affiliation with any person or entity.

5. Automated Access and Platform Data

The Platform’s catalogue, listings, prices, availability, seller information, images, descriptions, reviews, and the selection and arrangement thereof (collectively, “Platform Data”) are the property of Kongsee and/or its licensors and sellers, and are protected by copyright and other intellectual-property and database rights.

Except as expressly permitted below, you must not:

• Access the Platform using any robot, spider, crawler, scraper, or other automated means, or any means other than a generally available web browser used by a human.
• Scrape, harvest, extract, or bulk-download Platform Data, whether manually or by automated means.
• Copy, reproduce, republish, sell, licence, distribute, or otherwise commercially exploit Platform Data, in whole or in part, including for training machine-learning or artificial-intelligence models, without our prior written consent.
• Frame, mirror, or incorporate any part of the Platform into another website or service.
• Probe, scan, or test the vulnerability of the Platform, or bypass any measures we use to restrict access.

Permitted exception: operators of general-purpose public search engines may use crawlers to index pages solely to the extent permitted by our robots.txt file and solely for the purpose of creating publicly available search results that link back to the Platform. This permission may be revoked at any time.

If you wish to access Platform Data for research or commercial purposes, contact us at hello@kongsee.com to discuss a licence.

6. Intellectual Property

The Kongsee name, logo, and all software, design, text, graphics, and other content on the Platform (excluding user content) are owned by or licensed to Kongsee. Nothing in these Terms grants you any right to use our trademarks or branding. Sellers grant Kongsee a non-exclusive, royalty-free, worldwide licence to use, display, and distribute content they submit (such as listing photos and descriptions) for the purpose of operating and promoting the Platform.

7. Disclaimers

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that item descriptions provided by sellers are accurate or complete.

8. Limitation of Liability

To the fullest extent permitted by law, Kongsee shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Platform. Our total aggregate liability for any claim arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the total fees you paid to Kongsee in the six months preceding the claim, or (b) RM100. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

9. Suspension and Termination

We may suspend or terminate your access to the Platform, remove content, or restrict features at any time where we reasonably believe you have breached these Terms, pose a risk to other users, or where required by law. Sections 5 to 8 and 10 to 11 survive termination.

10. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Material changes will be notified through the Platform where practicable. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms or the Platform.

12. Contact

Questions about these Terms can be sent to hello@kongsee.com.