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Terms And Conditions Agreement Template for Malaysia

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Key Requirements PROMPT example:

Terms And Conditions Agreement

"I need a Terms and Conditions Agreement for my new Malaysian e-commerce platform launching in March 2025, selling handmade crafts and local products to both domestic and international customers, with specific emphasis on shipping policies and return procedures."

Document background
The Terms and Conditions Agreement serves as a fundamental legal framework for businesses operating in Malaysia, establishing the contractual relationship between service providers and their users. This document is essential for any business offering products, services, or digital platforms to customers, whether in e-commerce, software, professional services, or other sectors. It must comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. The agreement typically covers user rights and obligations, service terms, liability limitations, data protection, and dispute resolution procedures. It should be regularly reviewed and updated to reflect changes in business operations and legal requirements, ensuring continued compliance with Malaysian law and protection of both business and customer interests.
Suggested Sections

1. Parties: Identification of the business entity providing the services/products and definition of the user/customer

2. Background: Brief context about the services/products offered and purpose of the terms and conditions

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Scope of Services/Products: Detailed description of what is being offered and covered under these terms

5. User Eligibility and Account Creation: Requirements for using the service/product and account registration process

6. Terms of Use: Core rules and requirements for using the service/product

7. Payment Terms: Pricing, payment methods, billing cycles, and related financial terms

8. Privacy Policy and Data Protection: How personal data is collected, used, and protected in compliance with PDPA 2010

9. Intellectual Property Rights: Protection of trademarks, copyrights, and other IP owned by the business

10. User Obligations and Restrictions: Customer responsibilities and prohibited activities

11. Limitation of Liability: Extent and limits of the business's liability under the agreement

12. Termination: Conditions and process for ending the agreement by either party

13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Service Level Agreement: Specific performance metrics and service standards - include for technical or online services

2. Shipping and Delivery: Terms related to product delivery - include for e-commerce platforms

3. Returns and Refunds: Policy for returning products and obtaining refunds - include for retail/e-commerce

4. User Content: Rules regarding user-generated content - include for platforms allowing user submissions

5. API Usage Terms: Terms for API access and usage - include if providing API services

6. Subscription Terms: Specific terms for subscription-based services - include for subscription models

7. Age Restrictions: Specific age requirements - include for age-restricted products/services

8. Force Majeure: Terms covering unforeseen circumstances - include for long-term service agreements

Suggested Schedules

1. Schedule 1: Pricing Structure: Detailed breakdown of prices, fees, and charges

2. Schedule 2: Service Specifications: Technical specifications and feature details of the service/product

3. Schedule 3: Data Processing Terms: Detailed terms regarding personal data processing under PDPA 2010

4. Schedule 4: Acceptable Use Policy: Detailed guidelines for acceptable use of the service/product

5. Appendix A: Contact Information: Business contact details and customer support information

6. Appendix B: Change Log: Record of updates and changes to the terms and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


























Relevant Industries

E-commerce

Retail

Technology

Software and Applications

Financial Services

Healthcare

Education

Professional Services

Telecommunications

Digital Media

Online Platforms

Manufacturing

Consumer Goods

Relevant Teams

Legal

Compliance

Operations

Product Development

Customer Service

Risk Management

Information Technology

Business Development

Digital Operations

Privacy and Data Protection

Relevant Roles

Legal Counsel

Compliance Officer

Business Development Manager

Product Manager

Operations Director

Chief Executive Officer

Chief Legal Officer

Risk Manager

Customer Service Manager

E-commerce Manager

Digital Platform Manager

Chief Technology Officer

Chief Operations Officer

Privacy Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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