TERMS OF SERVICE
By using Exaira website (referred to as “Exaira.com” or the “Site”) or opening a new account with Exaira.com, you (“you” or “Customer”) are agreeing to be bound by the following Terms and Conditions (“Terms of Service”). This Terms of Service is a legal agreement (“Agreement”) between you and Exaira.com, a wholly-owned subsidiary of Exaira Global (M) Sdn Bhd (“Exaira” or “us” or “Company”). We reserve the right to change or modify the Terms of Service as needed or required by law from time to time without notice. It is your responsibility to review these Terms of Service periodically. By continuing to access or use Exaira.com after any such modifications, you agree to be bound by the terms of the amended Agreement.
All services provided by Exaira are described in our Site and they are referred to in this Agreement as “Services”. Any new features that enhance or amplify the current Services, including the release of new resources and tools, shall be subject to these Terms of Service. Continued use of the Service after any changes shall constitute your consent to such changes. As a condition of your use of Exaira.com and its Services, you represent and warrant to Exaira that you will not use this Site or the Services for any purpose that is unlawful, illegal, unauthorized, immoral or prohibited by these Terms of Service.
While we will use reasonable efforts to include accurate, complete and up-to-date information on the Site, we make no warranties or representations as to the accuracy, timeliness or completeness of any information or Services found on Exaira.com. We do not warrant that this Site will always be accessible, uninterrupted, timely, error-free or free from computer viruses or other invasive or damaging code and plugins or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.
Please read carefully the entire terms and conditions before you use Exaira.com. If you do not agree to all the terms and conditions in this Agreement, you may not use Exaira.com and our Services. Violation of any of the terms will result in the suspension or termination of your Account, depending on the terms and situation. By using the site, you are deemed to have read and accepted these terms and conditions.
You agree to comply with the following guidelines when using this Site:
- You may not harass, abuse, threaten, defame, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not post, publish, distribute, advertise, disseminate, or upload any infringing, obscene, defamatory, indecent, offensive, abusive, inflammatory, objectionable, or unlawful material or information.
- You may not post, publish, distribute, advertise, disseminate, or upload any information that may infringe any trademark, patent, trade secret, copyright, or other intellectual property rights (or any rights to privacy and publicity) of any other person or entity.
- You may not post, publish, distribute, advertise, disseminate, or upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, plugins, or programs that may damage the operation of another’s computer, our server or the Site.
- You may not modify or delete any author attributions, legal notices or proprietary designations or labels in any information that is posted, published, distributed, advertised, disseminated, or uploaded.
- You may not falsify the origin or source of information or material posted, published, distributed, advertised, disseminated, or uploaded.
- You may not impersonate any person or entity (including Exaira or its employee or agent), or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You may not download any material or information posted, published, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not access or attempt to access Exaira.com’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to evade or subvert system or network security mechanisms or probe the security of any system, network, or account associated or used in conjunction with the Site.
- You may not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real-time activities through the Site.
- You may not use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- You may not use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- You may not use any device, software, or routine that interferes with the proper working of the Site.
- You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Account & Registration
- You must be 18 years old or older to register and use the Services. Our Services are not available to persons under the age of 18.
- You must be a human to use our Services. Accounts registered by “bots” or other automated methods are not permitted and those accounts will be terminated without advance notice.
- If you are registering on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.
- You or a legal entity, including a business entity, may not create and maintain more than one account. If Exaira has reasonable grounds to suspect that you or a legal entity created and maintained more than one account, we have the right to suspend or terminate your access and refuse you any and all use of the Services and the Site.
- You are responsible for maintaining and safeguarding the security of your account and password. You agree not to disclose your password and your personal information on Exaira.com to any third party. You agree to take sole responsibility for any actions or activities under your password and personal information, whether or not you have authorized such activities or actions. You will immediately notify Exaira.com of any unauthorized use of your password and personal information. Exaira cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You agree to comply with our security verification process. Upon successful registration, you will have to verify your email address. We will send you a verification email to your email inbox and you will have to verify your email address by following the given instructions in the email. You are not permitted to log in to your Account until you have successfully completed the verification process.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. You must agree to maintain and update the information about yourself to keep it accurate, true, current and complete. If you provide any information that is inaccurate, untrue, not current and incomplete, or we suspect that the information you have provided is inaccurate, untrue, not current or incomplete, Exaira has the right to suspend or terminate your access or account.
Retention of Customer Information
- We retain information about customers as necessary for business purposes and as required by government regulation. For example, we retain information about packages, including names and addresses, so that we can provide proof of delivery information and to process claim requests. We carefully dispose of records and delete information when retention periods expire. Your personal information will not be stored for longer than is necessary to achieve the purpose. Our retention policies reflect local statute of limitation periods, law enforcement obligations, and national statutory obligations of Exaira.
How We Use The Information We Collect
We use Personal and non-Personal information:
- To determine how much traffic the Website receives, to statistically analyze Website usage, to diagnose technical and service problems, to improve Website content, to customize the Website’s content, layout and services, and to otherwise provide the Website to you and other users;
- To process payments and complete transactions;
- To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
- To send an initial, one-time greeting, to send you notices with respect to receiving and shipping your packages, to occasionally email you notifications of any announcements at Exaira.com, and to send newsletters or special offers to members if you have requested that service;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To fulfill the purpose for which you provide it;
- To comply with applicable legal requirements and our policies;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
Exaira will not use your personal information for any purpose other than providing our Services to you. Your personal information will never be sold to another party or entity. We may send occasional informational emails regarding our Services. You can opt-out of these emails by clicking the unsubscribe link or button on those emails that were sent out to you.
- Accounts with inactivity of greater than 2 years will be deemed dormant or abandoned. Account balances for dormant or abandoned accounts will be forfeited and your account closed. We will close the dormant account on your behalf. If you have an outstanding balance with us, you will be notified through email and you must pay the balances to us within 2 weeks after we have closed your Account. A legal action will be taken if you refuse to follow this Agreement.
Exaira is continually working to prevent any type of fraudulent activity. We leverage tools to prevent payment fraud, various industry standards to protect your account information and at any time, update your methods and tools. We also require that all items you send to our facilities have been purchased by you and paid for in full. If we are notified that fraudulent activity has been detected in any fashion, we reserve the right to refuse shipment until such time the seller has verified the transportation or as we otherwise determine in our sole discretion. Please send any suspected fraud inquiries to firstname.lastname@example.org (Mail to : email@example.com) with Attn: Fraud Alert in the subject line.
PRICING AND PAYMENT
- The costs for the Services are listed on the Site at https://www.exaira.com/pricing/. They are subject to change from time to time at our discretion.
- All payments will be calculated in US Dollars (USD) before they will be converted into Malaysian Ringgit (MYR). All final payments can be made in Malaysia Ringgit or US Dollars. The conversion rate will be stated on your invoice.
- You must make payments via your own account and use only payment methods owned by you. You may not make payments using accounts owned by others. We reserve the right to terminate your account or limit your account access until such discrepancy is corrected.
- If you wish to use a different or another bank’s account name, please inform us the payment proof via WhatsApp or email. If the customer fails to do so, the company has the right to cancel the payment.
- Any deposit payments will be applied to your Account when they are received by us. We will only proceed with the requested Services once we have received the payments.
- The customer is advised to make payment in four (4) days for sea shipping and two (2) days for air shipping and Shop4Me orders once the invoice is issued. If failed to do so, the Exaira has the right to hold the shipment.
- After seven (7) days once the invoice is issued, there will be an additional charge of $5/ day in the invoice.
- All service fees will be applied to your account at the time services are performed by us. We will collect payment for all shipping costs in addition to all outstanding service fees at the time you request shipment of your items. You can make final payments to us before the invoice due date. Your items cannot be shipped until the full payment has been made.
- Customers from Malaysia who are paying in MYR can do bank transfers through FPX and Debit/Credit Card Gateway and installment via selected short-term payment partners. Customers from the USA who are paying in USD can use US Paypal, US Venmo and Zelle as the payment method.
- There is a bank charge of $30.00 (International) / $15.00 (Domestic) from our bank when they receive any payment by wire transfer. If customers are using ACH or wire transfer, please ensure that Exaira must receive the exact amount. Customers must bear any bank charges and transaction fees to avoid unnecessary delay in releasing your shipment or shipping documents. Kindly send an email to firstname.lastname@example.org referring to your Shipment ID or Invoice Number and the amount transferred to enable our accounts to verify and issue a payment receipt and so our operations can release your shipment promptly.
- Payment can also be accepted by US PayPal and US Venmo for your convenience. There is a 2.9% + $0.30 per transaction fee for transfer made for goods or services via US Paypal or US Venmo. You MUST send it as Family and Friends. If you wish to transfer the money as goods or services payment, the additional transaction must be added to the invoice amount. Kindly forward the transaction info via email to email@example.com referring to your Shipment ID or Invoice Number, so our operations can release your shipment promptly. Insufficient amount from the invoice will be requested through your US Paypal or US Venmo account.
- Service fees for correctly executed services are non-refundable except at our discretion.
- We reserve the right to change prices for any service provided by us without advance notice.
- Customer is responsible for reviewing all charges from Exaira. Any suspected discrepancies in billing must be reported to us within 14 days of the billing date. After 14 days, no charges are refundable.
- We will advise you of the actual cost of duties, taxes and international shipping/handling and seek your instructions for shipping or storage of the packages once after we received the packages. We will not accept parcels or packages delivered on a COD (Cash-on-delivery) basis.
THE U.S. ADDRESS AND OUR FACILITIES
- Upon completing registration and email verification, you will be given U.S. shipping addresses for which you may then provide to the online Sellers or Merchants as a delivery address (“U.S. Shipping Address”) when making purchases. You must use the given full name and full address at checkout when ordering any items for delivery to our logistic partner’s warehouse (“Warehouse” or “Facility”).
- No Packages will be shipped until all shipping charges and storage costs (if any) have been paid in addition all applicable documentation has been approved. Exaira will not ship your packages to another reshipping company or freight forwarder.
- Exaira is not responsible for the actual shipping carrier services chosen by the customer (FedEx, USPS, UPS, DHL, Cosco, One etc.) Customers are subject to all terms and conditions of selected shipping service (FedEx, USPS, UPS, DHL, Cosco, One etc.). Customers are responsible for ensuring that the package can be shipped due to its size and volume. Any problem with a received package must be reported within 24 hours of delivery. Exaira is not responsible for any delays by carriers.
- As Exaira’s customers, you will be given a U.S. Shipping Address in Ankeny, Iowa and Sarasota, Florida where our facilities are located.
- You authorize us to accept delivery of packages or items at the U.S. Shipping Address on your behalf and appoint us as your freight forwarders or agents or representatives to ship the packages or items to the address designated by the Customer (“Shipment Address”) in accordance with these Terms of Service. Exaira has the right to open and inspect your packages without prior notice.
- In spite of any provisions in these Terms of Service, we reserve the right at all times to refuse or decline to accept delivery of any purchases or packages or consolidation or return of any items as we deem appropriate in our absolute discretion and without attributing any reason thereto.
- You are advised to fill out the Expected Packages details to us once you have made a purchase online. The Expected Packages page is used to identify the incoming packages to the Warehouse or the given address.
- Each package sent to the Facility must be addressed correctly. The given full name and full address must be written on each package. If a package arrives with an incomplete or incorrect address (for example missing suite number or misspelled name), Exaira will try to determine whom it belongs to by looking at the submitted Expected Packages. If the owner of the package cannot be identified or did not submit the Expected Packages, the package will be disposed of at the sole discretion of Exaira.
- We are not responsible for items missing a consolidated package without proof that the missing item was received by us. Correspondingly, we strongly urge you to submit a special request for us to check and photograph the contents of each package upon arrival to allow you to confirm that all expected items are accounted for. All photo requests need to be requested prior to consolidation.
- You are responsible for ensuring that items delivered to the Warehouse do not exceed the specified limits or maximum weight and dimensions. The weight of the items for Economy and Standard plans must not exceed 51 lbs (24 kg) and the linear dimension (total of Length + Width + Height) must not be greater than 80 inches (203 cm). Some large items may be impossible to ship using our shipping methods except our Super Saver plan. Oversized packages are required to be divided, reduced, disposed of or returned to the vendor if such packages are beyond the limits of our carriers. You will be solely responsible for any additional shipping charges or penalties billed to us by the carriers.
- You are solely responsible for communicating with Merchants or Sellers of items delivered to our Warehouse. However, we offer a simple mediation service for a fee of $5.00 per incident. If you elect to use our mediation service, we will communicate with you to establish all details of the inquiry, then contact the Seller on your behalf to discuss resolution options.
- Our obligations and Services begin when your packages or items are physically delivered to the Warehouse at the specified U.S. address on your Account. We are not responsible for items that are not delivered to the Warehouse for any reason.
- All incoming packages at our US addresses will be charged $2.00 per package. This will appear in your invoice as incoming package handling. All your incoming packages will be logged into the portal system and you may be able to view the package details and general inspection report. This charge is waived for all Shop4Me orders. Exaira will open and photograph the contents of a package, allowing you to confirm the merchandise is correct and in good condition before requesting to ship the package out.
- You are recommended to request for a detailed inspection so if there were to be any damage, Exaira can return it on your behalf. The charge for the detailed inspection with several photos is $5.00/package.
- All packages must be sent to our U.S. Shipping Address. If there is a requirement to pick up your items or packages from the courier center or stores, there will be an additional fee starting at $20.00/trip, maximum 15 packages per trip, the location within 5-mile radius from the Ankeny facility. You must provide all the information to us for the pick up event such as type of items, the pickup location and tracking numbers.
- Our Services are limited to handling, purchasing, returning, storage and shipment of your packages or items. All purchased items made by you are solely your property and the condition of those items is solely your responsibility. Any problems related to your items’ condition at the time of delivery to our logistic partner’s warehouse are solely between you and the Merchant of the items if you made the purchases.
- You will receive 30 calendar days of free storage in the USA. If a package needs to be stored longer than the allotted time, you may purchase up to 15 days of storage fee for $12. If you do not purchase the extra days when your package storage time expires, your account will be billed a storage fee at a rate $1 per day.
- You will receive 30 calendar days of free storage in the USA. If a package needs to be stored longer than the allotted time, you may purchase up to 15 days of storage fee for $12.00. If you do not purchase the extra days when your package storage time expires, your account will be billed a storage fee at a rate $1.00 per day.
- If a package is consolidated or combined with another package, the storage limit will be based on the date of the oldest or first package arrival. We will not reset the storage time when adding a package to a consolidated package.
- All packages or items will be considered abandoned if not shipped within 60 calendar days in the US or if not claimed or fully paid within 30 calendar days in Malaysia and they will be disposed of immediately.
- Packages that have been packed but not shipped or fully paid within seven (7) calendar days will be billed a storage fee at a rate of $2.00 per day. After 30 days, the packages will be considered abandoned and will be disposed of immediately.
SHIPMENT AND DELIVERIES
- We use standard U.S. units of measurement (i.e. pounds (lbs) and inches (in)). We may from time to time offer the equivalent measurements in metric units (i.e. kilogram (kg) and centimeter (cm)) for your convenience. However, the U.S. unit of measurement is used for all calculations.
- Exaira’s customers mainly use our Services only for packages and not for forwarding of letters, magazines, catalogs or items received by the U.S. Mail. Our default procedure is to discard or dispose of all mail that we receive because there are special requirements and handling for receiving and forwarding the U.S. Mail.
- We will prepare your items for shipment upon your request. Our standard packaging service includes a shipping box and shipping tape. Packing options for extra protection and additional safety, such as bubble wrap or stretch wrap, void fill and fragile stickers are available at extra cost. These options will be presented to you for selection at the time you submit your Pack Now request on the Incoming page. Any fees for extra packing options will be billed to your account at the time they are performed and the fees are not refundable once billed. Kindly refer to our Pricing page for the charges related to packing requirements.
- After we receive your request to ship, we will pack the requested items. You can cancel a pack request after submitting it by contacting us directly. If the pack request has been executed prior to your cancellation request, your account will be billed a cancellation fee of $5.00 per shipment. If the pack request has not been executed, you will not be billed.
- Exaira ships only by the shipping methods offered shown on the Pricing page of Exaira.com. Exaira is not responsible for the actual shipping carriers (FedEx, USPS, UPS, DHL, Cosco, One etc.) that is chosen by you. All terms and conditions of the selected shipping carrier may apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume.
- We reserve the right to reject pack requests that cannot be completed due to inadequate documentation, physical size limits, noncompliance with Exaira or carriers terms, or any other applicable cause at our discretion. We will inform you of the reason for cancellation and present you with options for resolving the situation.
- Exaira may provide estimated delivery time frames for your convenience. These are general estimates based on average times, and not guarantees. Some shipments may be delivered outside of these estimates. Keep in mind, shipping speed is not guaranteed, and there is no compensation for shipping delays or delivery timing.
- Acts of God, hazards of the air, weather conditions, technical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with real or apparent power are all outside Exaira’s control.
Loss or damage products
- Exaira will not be liable for Products lost or damaged in transit from the Merchant to any of the Exaira facilities. We reserve the right to refuse delivery, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, we will return the product to the sender and will notify you.
- We can provide a return service to the Merchant or Seller within the United States at your request in accordance with the Merchant’s return policy, especially for items that arrive damaged or received incorrect orders. You are responsible for all shipping costs associated with your return shipment plus a $3.00 return processing fee for every shipment we ship on your behalf. Any required Return Merchandise Authorization (RMA) documents or prepaid return shipping labels should be submitted to us for use on your return shipment. The same terms are also applicable for parcels that have departed for international shipping.
Inspection of Packages
- Exaira has the right (upon receipt, during storage, or in preparing for export shipment) to open and inspect any package, or part thereof, for security purposes and to verify compliance with export and import laws and to confirm the product description and other information you supply, without prior notice and without liability to you.
- We have no duty or responsibility to inspect packages for non-obvious damage or breakage, and we do not accept responsibility for the accuracy of product descriptions and other information provided by you.
- You are suggested to request for a detailed inspection so if there were to be any damage that are non-obvious for example minor cracks, we can return it on your behalf. The charge for the detailed inspection with several photos is $5.00/package.
Package refused/ Return to sender
- We are not able to refuse receipt of packages from carriers. Packages can be returned to vendors after they are processed into your account via a special request which has a nominal fee.
- We can return items to the Merchant or Seller within the United States at your request in accordance with the Merchant’s return policy especially for items that arrive damaged or received incorrect orders. You are responsible for all shipping costs associated with your return shipment plus a $3.00 return processing fee for every shipment we ship on your behalf. Any required Return Merchandise Authorization (RMA) documents or prepaid return shipping labels must be submitted to us for use on your return shipment.
- Packages requested for return to the Merchant or Seller within the United States due to other reasons than damaged items or received incorrect order, you are responsible for all shipping costs associated with your return shipment plus a $3.00 return processing fee for every shipment we ship on your behalf. This includes several reasons such as asking for refund, change order, items no longer needed, items not match description, items that did not meet expectations, mistakes during ordering. Any required Return Merchandise Authorization (RMA) documents or prepaid return shipping labels can be submitted to us for use on your return shipment.
- For shipment arrived at its final destination and has been delivered to you, we can arrange for the return to the Merchant or Seller back to the United States with additional international shipping fees based on the dimensional weight of the package. It is strongly recommended that you check our package condition report during incoming at our US address or request a detailed inspection before we pack them for international shipping. However, for this situation, it is possible that the Merchant’s return policy may have ended and you need to check with your Merchant or Seller for the refund.
Oversized & Overweight Packages
- Oversized packages are any package over the size or weight limits set forth by the specified carrier. Any packages that exceed 48 inches will be charged an additional $50 for Economy, Standard & Super Saver plans.
- For overweight packages, any packages that exceed 48 inches will be charged an additional $50 for the oversize charge for Economy & Standard plans.
- For Super Saver & Back For Good plans, a box that exceeds a weight of 51 lbs, a surcharge of $4.50/cft will be charged for every 25 lbs.
- If the customer fails to make the payment, the company has the right to hold the shipment.
Terms of carriage
- Exaira can combine, merge, split, and under certain circumstances change the packaging of your merchandise. Therefore, you consent Exaira Shippin’ to make the necessary packing arrangements for your parcels, in order to optimize their delivery to your shipment address.
- You appoint Exaira to act as your third party representative to manage all export, import and Customs clearance procedures and to ensure that Customs duties and taxes are paid to the relevant Customs and tax authorities. Exaira will perform these functions based on the information or invoice you provide and, accordingly, Exaira will not be responsible or liable for any additional duties or taxes that are assessed if the information you provide to us is inaccurate or incorrect.
- All air shipping will be calculated based on the volumetric weight or actual weight, whichever is higher. Volumetric weight is calculated by multiplying the length by width and by height in inches of the package and dividing by the current divider ratio stated on the shipping page. The divider ratio that will be used is 139.
- An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws. You are solely responsible for the correctness and accuracy of all information you provide to Exaira regarding the contents of your package and the value. You agree to indemnify and hold Exaira harmless from any liability for any under-declaration of value or other misrepresentations you might make. You acknowledge that:
- Packages may be inspected at any time by export and import authorities. Packages with misleading product descriptions or under-declared valuations may be delayed by the relevant Customs authorities, who may dispute and correct the declaration – in which case, you might possibly have to pay additional duty, fines or penalties.
- Assuming you have provided accurate information for the Duty Customs and Customs does not dispute the value, the amount of tax and duty actually charged by Malaysian Customs authorities may differ from the amount you paid us. Here’s why:
Tax and duty are based on the “dutiable value” of the goods. We calculate the tax and duty as accurately as we can, after your package is inspected, weighed and measured, and ready for dispatch at our export facility. You pay us those calculated amounts of tax and duty, along with our shipping charge, when Exaira releases your shipment. Your invoice includes a breakdown of the shipping charge, tax, and duty.
- Your final cost will include applicable Malaysia government-mandated clearance fees such as import permit and licenses in addition to duty, import tax, shipping, and fuel surcharges if applicable.
- You are responsible for payment of all actual international shipping and handling charges, even if they differ from the original estimated cost.
- Some items need to have import permission from related government agencies before they can be released by the Royal Malaysian Customs Department.
- Please review the resources below, or contact us to confirm you can legally ship an item to Malaysia. You are advised to contact Exaira personnel in advance before making purchases as Exaira will not be reliable the delay, costs, or issues related to the Customs clearance process.
- Limited items have reduced shipping options on quantity, limited to personal use only and may require special documentation or have extra fees associated with them.
- Customers are advised to purchase shipment insurance before paying for the invoice. If the customer did not insure his shipment, in the event when the entire parcel or any part of the parcel thereof has been lost or damaged during the transportation, the maximum limited liability on this shipment without additional shipment insurance is $100.00. This liability coverage is not applicable for consolidated shipment via Economy Air Shipping and Super Saver Shipping Plans.
- Customers are recommended to request for detailed inspection on incoming packages. If the customers opt in for the shipment insurance but did not request a detailed package inspection, in the event when the entire parcel or any part of the parcel thereof has been lost or damaged during the transportation, the shipment insurance will be considered as invalid and the claim request will be rejected.
- Customers are responsible to ensure insurance is purchased for posting out any item with correct value as per purchase invoice. The purchase invoice must be submitted to us prior to shipping the package on the Expected Packages page or via email at firstname.lastname@example.org.
- No further insurance can be purchased or accepted upon full payment of shipment fee or the shipping process commenced.
- Customers who purchased the insurance by Exaira must completely and accurately declare the contents and value of the insured item. Exaira shall not be responsible for any claim or freight charges or any other costs for, including but not limited to, any false, misrepresentation, inconsistent, misleading, illegal, incomplete and/or complex statement.
- Exaira will not be responsible for the insurance claim if the contents and value of the item conflict with the declared value. Any damage or loss to the content or part of the item so insured by the insurance shall be limited to any value determined by Exaira.
- Damage shipment or missing contents must be reported to Exaira within 24 hours after delivery. Reports received after this time frame will not be eligible for the compensation claim.
- Risky items are uninsurable. Please refer to 6c for the items.
- Insurance coverage of such purchases does not serve as a guarantee that the shipment is free from damage or guarantee of compensation; such insurance coverage shall only affect / vary the total amount of compensation.
- Shop4Me service serves to fulfill your personal shopping requests from any stores in the USA, including online, outlet and brick-and-mortar stores by providing the shopping assistance based on your preferences. Basically, we can assist you to purchase products or items in the U.S. on your behalf for delivery to our Facilities.
- However, we are not responsible for the quality of the goods, delivery issues, warranties, back up orders etc. Exaira is not responsible if the purchase cannot be made for any reason.
- All Shop4Me purchases will be delivered to Exaira addresses only, depending on the shipping plan. Requests for delivery Shop4Me items to addresses other than Exaira addresses will be denied.
- The Shop4Me fee is 6% of total purchase costs of the items including applicable sales tax and ground shipping cost charged by the Merchant or Seller, and the minimum chargeable amount is $10.00. In certain cases, some stores do not deliver orders to our Facilities and we can arrange for pick-up service at an additional cost of $20.00 per trip.
- You are responsible for submitting the Shop4Me Request Form to provide us all optional details, including sizes, colors, capacities, desired features, etc. We will then purchase only items that are matching exactly those that you have requested. If we cannot determine the correct configuration, we will not complete the purchase as well until we have confirmed the details of the items that you wish to purchase.
- Exaira will not complete the purchase if we do not receive the deposit minimum of RM200.00 or 50% of total purchase costs. A final invoice will be issued for the remaining amount due including the shipping charges to your account.
- For all Shop4Me orders amounting more than $200.00, an invoice on the Shop4Me purchase will be issued to your account once the package arrives at our Facilities, and this invoice will exclude the shipping charges and other additional service fees. This Shop4Me invoice will be due within two (2) days after being issued to your account.
- For all Shop4Me orders more than $1,000.00 and above, the customer needs to pay a full amount of the purchase costs as a deposit. Exaira will not proceed to complete the purchase if there is no deposit payment made. A full payment is required, however if you wish to pay in installment, Exaira will only purchase the items based on the received payment.
- Infrequently, the price of the products or items may change between the time we receive your request and the time we attempt to purchase on your behalf. If the price of requested items at the time we attempt to purchase is higher than the price expected, we will not purchase the items without confirmation from you. If the price of requested items at the time we attempt to purchase is lower than the price expected, your Account will be billed for the lower amount.
- Shop4Me items are not sold to you by Exaira. Our role is acting as your proxy to purchase items which you specify on your behalf. Shop4Me items are sold to you by the vendor of your choice.
- We do not process any rebates or cash back offered by the Merchants or Sellers in any form to you.
- We provide no guarantee or warranty of any kind for any Shop4Me item. We will not be responsible under any circumstances for damage prior to arrival to our Warehouse, incorrect items, items in condition not described by the vendor, items lost before delivery to our Facilities, or any other issue related to the condition, characteristics or delivery to our Warehouse of a Shop4Me item. All product or item warranty issues must be taken up directly with the Merchant.
- In some occurrences, if the Shop4Me items received at our Facility are in bad condition or damage or incorrect, Exaira will immediately process the return or replacement to the Merchant or Seller at no cost to you. However, it is not applicable for items that have been shipped out from our Facilities.
- You agree that, in the event that you initiate a payment dispute or chargeback action against payment method used to fund Shop4Me purchases, you cede ownership of any such Shop4Me item to us, and your Account is subject to restricted access until the issue can be resolved.
- By using our Services, you agree to be bound by our policies regarding refunds, insurance and claim for compensation. Claims for compensation that fall outside our Terms of Service will be denied. You agree not to file a chargeback or other payment dispute for compensation not covered by our Terms of Service. In the event that a chargeback or other payment dispute is filed, your Account will be closed and we will not provide future Services to you.
- Once a Shop4Me order has been processed, we may not be able to cancel it with the websites or Seller. Please refer to the Merchant’s or Seller’s website for individual cancellation policies.
- Changes cannot be made once a Shop4Me order is successfully processed. If we are able to cancel the order, there may be a cancellation fee of $3.00 that will be charged to your account.
- We cannot refuse delivery of any unwanted package. If you decide that you do not want to receive the package(s), please notify Exaira to have the order returned when it arrives in the US. You will be responsible for all return shipping costs if the return is not covered by the vendor’s return policy.
- Any refund made by the vendor or additional costs associated with the return will be applied to your Account at the time the package is received by us.
- Exaira offers Live Shopping for Shop4Me service for personal shopping requests from physical stores in the USA such as outlets and brick-and-mortar stores.
- The customers have two options which are Group Live Shopping and Premium Live Shopping. Group Live Shopping consists of a minimum three to five members in a group while Premium Live Shopping is exclusively for one person.
- These two Live Shopping sessions will be assisted and entertained by our person-in-charge in the USA via Telegram.
- Just like Shop4Me service, the customer needs to pay a $15.00 fee to secure a seat in Live Shopping.
- Pricing might differ upon request but there will be a store visit fee starting at $15.00 per hour and $15.00 per store for all store locations.
- An appointment is required for all requests. This can be made via Shop4Me request form in Exaira.com or by contacting us via WhatsApp.
Local Money Order, Bank ACH and Wire Transfer
- Automated Clearing House (ACH) and wire transfers are used to move money between banks, whereas money order is a paper document, similar to a check, used as payment and sent to the receiver via mail.
- Customers who need access to the local money order or ACH or wire transfer to complete their purchases with the Merchant or Seller shall discuss with Exaira for the detailed process.
- This situation will be considered a Shop4Me order request, where the customer needs assistance to make payment to their Merchant or Seller. The customer must agree that the payment will be made by Exaira and/or its associates on behalf of the customer to the Merchant or Seller, and it is the responsibility of the customer to communicate with the Merchant or Seller about the pay arrangement in order to avoid confusion from all parties.
- We accept money order requests from the customer to make payment to the Seller or Merchant within the United States. Money order’s amount limit is up to $100.00 per request. The service charge fee for money order is $15.00 plus the Shop4Me fee ($10.00) and additional local mailing cost (Range between $4.00-$8.00, via USPS).
- Bank ACH and wire transfer is a more secure payment method compared to money order, hence customers are encouraged to persuade the Merchant or Seller to accept this payment method. The amount limit is up to $5,000.00 per request. The service charge for ACH and wire transfer is $15.00 per transaction plus the Shop4Me fee (6% or minimum $10.00 per transaction).
- Customers are strongly advised to provide detailed information to Exaira for processing. Exaira will not be held responsible for any risks of losses, missing information or delays associated with the money order, ACH and wire transfer processing.
- Exaira will provide a quote on the payment request to the customer based on their requirements. The customer must pay for the quoted amount to Exaira or the money order, ACH and wire transfer will not be processed until we have received the full amount.
- Exaira Buddy is an earning program offered by Exaira to the public who are looking to gain financial profits by promoting and closing the sales of Exaira Products and Services on behalf of the Company.
- By signing the Exaira Buddy application forms and other necessary forms (the “Forms”) the Exaira Buddy personnel (“you” or “Exaira Buddy” or “Agent”) acknowledges that he or she is acting as an agent of promoting Products and Services on behalf of the Company and has read and agree to be bound by all of the terms and conditions of this agreement and all documents incorporated by reference.
- The Exaira Buddy agrees to accept such appointment and to represent Exaira and to sell and market Exaira Products and Services and to provide after sale service to Customers who are eligible in the territory described therein, under the terms and conditions in the agreement.
- The Exaira Buddy agrees to abide by any additional terms and conditions published in the website of the Company which constitute an essential part of this agreement.
- In consideration of the payment of commission stipulated herein (“the Commission”) to be paid by the Company to the Exaira Buddy, the Company hereby appoints the Exaira Buddy and the Exaira Buddy hereby accepts the appointment by the Company to be and act as an independent agent and to sell and market the Products and Services and to provide after sale service to Customers who are eligible in the territory described therein, under the terms and conditions in the agreement.
- For avoidance of doubt, this appointment does not confer any exclusivity and the Company shall be entitled to appoint any other similar agent to enter into a similar agreement in the Territory described herein.
Payment of Commission
The Exaira Buddy who has successfully marketed Exaira’s Product and Services to eligible Customers shall receive the Commission as described herein:-
- Any commission or payment will be paid on or before the 7th day after one (1) month’s transactions are closed, eg. If the transactions are made within 1st January to 31st January then the commission will be paid to the Exaira Buddy by 7th February.
- The Exaira Buddy will be rewarded $1.00 per cubic foot of shipping volume for each Customer who has completed a transaction for the first time. For a second time the Customer completed the transaction, the Exaira Buddy will be rewarded $0.50 per cubic foot of shipping volume. For the third time the Customer completed the transaction, the Exaira Buddy will be rewarded $0.25 per cubic foot of shipping volume.
- The conditions in which such Commission payment will be made to the Exaira Buddy are as the following: The eligible Customers sent a package to one of Exaira Facilities and/or a package from the Shop4Me order has arrived at one of Exaira Facilities; and the Customer opt to ship their packages via Super Saver Sea Shipping Plan.
- Eligible Customers requirements are as follows: A person who is representing himself/herself or an organization has signed up an account on Exaira.com and the person agrees to accept all Exaira’s terms and conditions herein.
- The Exaira Buddy must inform the Company if there are any changes to their bank account and contact details. The Company will not bear any responsibility if the Exaira Buddy fails to receive commission or any other notices.
- The Company reserves the right to stop payment of future commission in the event it is satisfied that the Exaira Buddy has failed to provide the necessary after sale service to the Customers.
- For Exaira Buddy who is an employee of the Company, the Company reserves the right to transfer all the Customers from the Exaira Buddy to another Exaira Buddy in the event the Exaira Buddy has left the employment with the Company or breach the employment agreement with the Company. In such an event, the Exaira Buddy shall not be entitled to any payment of future commission.
- The Exaira Buddy shall promote Exaira Products and Services to Customers who are eligible in the United States and Malaysia (“the Territory”).
- Eligible Customers from outside this Territory will be subjected to discretion by the Company.
Requirements and Self-Responsibilities
- The Exaira Buddy agrees and undertakes to comply with and act in accordance and subject to the requirements and responsibilities as an Exaira Buddy.
- An Exaira Buddy must be a Malaysian citizen who is above 18 years old but not exceeding 65 years old OR a foreigner who possesses a valid passport.
- An Exaira Buddy must maintain an active bank account in Malaysia or in the United States.
- The Exaira Buddy must submit a softcopy of his identity card (for Malaysian) or passport (for foreigner) or all other necessary documents whenever required by the Company.
- The Exaira Buddy are not required to pay any registration fees upon signing up for the Exaira Buddy Program.
- The Exaira Buddy must have the necessary Marketing Tools described herein before approaching any potential Customers. The Company is not responsible for the costs related to acquiring such Marketing Tools.
- Exaira Buddy has no power or authority to incur any debt, obligation or liability on behalf of the Company.
- The Exaira Buddy are self-employed independent contractors, who are responsible for operating their own business, making their own decisions with regard to buying and selling products available through the Company.
- The Company shall bear no legal responsibility for the actions taken by an Exaira Buddy. Furthermore, both the Company and its Agents must acknowledge that Exaira Buddy are not employees of the Company hence will not be treated as employees with respect to their agreement for local tax purposes, or otherwise.
- The Exaira Buddy will be responsible for payment of any self-employment and other income taxes where applicable. It will be the Exaira Buddy’s sole responsibility to account for such income on his/her individual income tax returns.
Permitted Use of Name, Marketing Tools and Advertisement
- All Exaira Buddy are obliged to promote Exaira Products and Services to their circle of family and friends or end Customers.
- The Exaira Buddy shall only use the standardized name cards, buntings, banners, T-shirts, caps and any other necessary trade or promotional or marketing tools (hereinafter collectively referred to as “the Marketing Tools”) designed and produced by the assigned panel designers or producers of the Company.
- All Exaira Buddy must protect the Exaira trademarks and trade name and obtain the company’s written permission prior to use in any advertisement (including but not limited to) on internet, literatures other than company-published, logos, images, and other marketing promotional devices.
- The Exaira Buddy shall not publish, advertise or circulate information and/or documents regarding “Exaira” or “Exaira Global” or any other name related to the Company or this Agreement unless specifically authorized in writing by the Company and subject to the terms of this Agreement.
- All business activities including the selling of products and marketing plans must be presented in compliance with Exaira’s official plans as such and also in compliance with Exaira Buddy’s agreement.
- The Exaira Buddy shall not hold any promotional booth, event or activity without prior written approval from the Company or its Service Agency or against the standard being imposed by the Company or its Service Agency.
- The Exaira Buddy shall not do any of the following acts without having obtained prior written approval from the Company and/or the Service Agency to do so:- (i) insert or display any advertisement in respect of the Company and/or the Service Agency in any mass communications media and or electronic transmitted devices; or (ii) issue or cause to be issued any circulars or publications or write any letters to mass communications media and or electronic transmitted devices in respect of the Company and/or the Service Agency.
- The Exaira Buddy shall indemnify and keep indemnified the Company and/or the Service Agency from and against all actions, demands, claims, damages, penalties and costs which may arise out of any unauthorized action, utterance, publication and or statement whatsoever by the Exaira Buddy and/or his servants or agents howsoever.
- The Exaira Buddy shall not use the name of “Exaira” or “Exaira Global” or any other names related to the Company to raise funds in whatsoever manner or for any other purposes.
Participation and Attendance in Training, Meetings, Activities and Events
The Exaira Buddy shall participate and attend meetings held by the Company or the Service Agency from time to time. The regular meeting shall be at least once a month.
The Exaira Buddy shall participate and attend activities, events or promotions organized by the Company or the Service Agency.
Standard Operating Procedure (“SOP”)
- The Exaira Buddy shall abide by the Standard Operating Procedure (“SOP”) imposed by the Company on customer service support, recruitment of agents and other relevant issues in selling and marketing the Products and Services. Issues on customers’ complaints shall be resolved by the Exaira Buddy within forty eight (48) hours after being notified by the Company failing which, reasons must be provided by the Exaira Buddy to the Company, as the case may be.
- The Exaira Buddy shall resort to FAQs in the portal when encountering problems or convey any predicament, difficulty or issue relating to Customers or in selling and marketing of Exaira Products and Services during the regular meeting.
- The Company may implement changes at any point in time with regards to shipping rates, service charges, product prices, standard discounts, commission schedules, contest rules and promotions. All Exaira Buddy will be notified of such changes by postings on the Company’s website and on the Company’s official communication channel, and all Exaira Buddy must be aware of such changes.
Benefits and Rewards
- Performance will be reviewed every month. The Exaira Buddy shall be rewarded for best performance every quarter of the year.
- All Exaira Buddy must submit their report to the Company every 1st date of each month.
- The Parties irrevocably undertake and covenant with each other that it shall not during and after the subsistence of this Agreement divulge, replace, copy, duplicate, reverse engineer, modify, tamper, exploit, disclose, and/or transmit to any person whosoever or otherwise make use of and to prevent the publication or disclosure of any confidential information unless prior written approval of the other has been obtained or where such disclosure is required by law.
- For the purposes hereof, the term “Confidential Information” shall mean and include the following:- (i) information or material which is marked as “Confidential”, “Proprietary”, or “Restricted”; (ii) information or material not generally known outside of the Parties or otherwise not available to the general public at the time of the disclosure; and (iii) business plans, models, methods, and strategies, client and customer lists, client and customer data, technical specifications, drawings and documents, and trade secrets shall be deemed confidential.
- On request from a Party (hereinafter referred to as the “Disclosing Party”), the other Party (hereinafter referred to as the “Recipient Party”) shall forthwith return to the Disclosing Party any Confidential Information which the Disclosing Party had previously supplied to the Recipient Party. Where such Confidential Information cannot for any reason be returned to the Disclosing Party, then the Recipient Party shall destroy such Confidential Information in such manner as the Disclosing Party shall prescribe.
- The confidentiality obligations herein shall not apply to information that: (i) is or becomes public knowledge through no fault of the Recipient Party; (ii) is known to the Recipient Party without restriction prior to the receipt from the Disclosing Party in furtherance of this Agreement, from its own independent sources as evidenced by the Recipient Party’s written records, and which was not acquired, directly or indirectly, from the Disclosing Party; (iii) the Recipient Party receives from a third party known to have a right to transmit such information and under no obligation to keep such information confidential; (iv) is independently developed by the Recipient Party’s employees, agents, or representatives provided that the Recipient Party is able to show that such employees, agents, or representatives had no access to Confidential Information; or (v) is Confidential Information required to be disclosed by virtue of a court order or statutory obligation provided that prior written notice is given to the Disclosing Party to enable the Disclosing Party to take steps to protect its interests in the information.
- The obligation of confidentiality herein shall continue notwithstanding the termination or expiry of this Agreement.
Compliance with Personal Data Protection Act (PDPA)
- The Parties shall recognise that in the course of carrying out the covenants or obligations of this Agreement, a Party may have access to the Confidential Information belonging or pertaining to the Customers, agents or employees (hereinafter referred to as “the Personal Data”) and in this respect, the Recipient Party hereby undertakes that: (i) it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out the covenants or obligations under this Agreement; and (ii) it shall comply with all applicable laws pertaining to confidentiality and the privacy of Personal Data including the Personal Data Protection Act 2010 of Malaysia.
- For the avoidance of doubt, in respect of Personal Data received from the Exaira Buddy, the Company shall be entitled to assume that the Exaira Buddy shall have duly procured all necessary consents from the Customers, agents, or employees or otherwise the individual to whom the Personal Data belongs in performing the Services or for the purposes of carrying out the covenants or obligations under this Agreement.
Investigation of Distributor Activities
- The Company reserves the right to investigate all Exaira Buddy’s activities. Exaira Buddy are required to fully cooperate during the investigation process.
Termination of Agreement
- Exaira Buddy may terminate the Agreement at any time and for any reason by giving thirty (30) days written notice to the Company. The Company may also terminate the Exaira Buddy Agreement without prior notice and with immediate effect as a result of breach of any of the provisions herein. In determining what actions to take in the event of breach of the Agreement, the Company may consider without limitation the nature and severity of the breach. If Exaira Buddy does not agree with the action taken by the Company, supporting evidence may be submitted to appeal for the Company to decide.
- The Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of God, natural disasters, curtailment of a party’s source of supply, or government decrees or orders.
- Exaira offers public to earn more income with Exaira Buddy with the reward of every:
- 1cft closed = $1
- 1cft closed = $0.50 (second time)
- 1cft closed = $0.35 (third time)
- Besides free class and monitoring, Exaira Buddy will be provided with the marketing tools.
- If Exaira Buddy insists and has the idea to self-produce the tools, they have to go through the Marketing Department first.
- Quarterly rewards will also be included.
The requirements are:
- Exaira Buddy has to sign up first at our website
- Fills in the application form at _____
- Attends bi-weekly meeting with the managment
- Well aware about our pricing and services
- Has to submit a report on the first of every month.
- The roles of an Exaira Buddy are to:
- Advise shipping options to the potential customers and customers
- Follow up customers
PROHIBITIONS, RESTRICTIONS AND RISKY ITEMS
By registering for our Services, you agree not to use our Service to store or ship any prohibited items. Some items cannot be legally exported from the US and legally imported into Malaysia due to Customs laws, air and sea transport restrictions.
Prohibited items include, but not limited to, the following;
- Guns and explosives, including parts, ammunition, and imitations. Example: rifles, pistols, gun holsters, scopes, mounts, stocks, barrels, grips, rings, magazines, reloading presses and press kits, any other materials or equipment used for making guns or ammunition, dynamite, firecrackers, replica guns, toy guns, BB guns, paintball guns, etc
- Weapons and weapon parts. Example: swords, axes, bayonets, knives, bows and arrows.
- Alcohol, tobacco, prescription drugs, any illicit or controlled substance or paraphernalia. Example: narcotics, psychotropic substances, cigarettes, cigars, pipes, hookah, hookah accessories, rolling paper, liquors, beer, wine, any equipment or materials used for making alcohol and tobacco products.
- E-cigarettes, vaporizers, any related parts or paraphernalia. Example: vape pens, vape kits, box mods, vape juices, e-liquids, liquid flavors, coils and wires.
- Nail polish, paints & other flammables
- Lithium metal batteries
- Loose Lithium-ion batteries may only ship to certain countries (see Restricted Items section) Examples: power banks, phone cases with built-in batteries, spare batteries for consumer electronics
- Flammable and combustible substances of any kind. Example: paint, nail polish, gasoline, other fuels, matches, lighters, fire-starter kits, used tools or car parts that contain fuel fumes
- Pressurized substances. Example: spray deodorant, hair spray, spray paint, or any other aerosols.
- All substances in powdered form
- Chemical, corrosive, radioactive, and toxic substances of any kind. Example: pesticide, herbicide, poison, acid, hazardous waste.
- Animals, animal organs or substances.
- Human organs and/or substances, and blood and blood parts.
- Perishable items.
- Plants of any kind and in any form, including seeds
- Precious stones of any kind, except for jewelry
- Drones or drone parts of any kind.
- Banknotes, securities, traveler’s checks, currency, cash equivalents of any kind
- Materials of a pornographic nature, or intended to spread hate propaganda
- Currency / money / cheque / coin / cash / gold.
- Any item prohibited by the carrier company.
- Copyright infringing materials.
- Any item prohibited by any law, regulation, state, or local government.
- Any other item that we, at our discretion, believe to be potentially dangerous, hazardous, or illegal.
In case of customers insisting on getting the prohibited items shipped, customers will be charged additional cost for packaging, sticker, Sirim and NPRA.
The following items can be shipped only under specific conditions and may require special fees, permits, and procedures:
- Products under the cosmetics category can be shipped only with special packaging and will require additional fees. Example: Perfumes, body wash, soap, lotion, deodorant, body mists, shampoo, compact powder, lipsticks, blusher, eyeshadow and many more. A maximum of two (2) items quantity is allowed in a shipment for import into Malaysia. For large quantities, a special import permit must be obtained from the National Pharmaceutical Regulatory Agency (NPRA) prior to the import.
- Devices with Lithium-ion or Lithium-metal batteries can be shipped only if the battery is installed inside the device or packed with the device in its original manufacturer packaging. We will not combine or pack devices with batteries that have been purchased and received separately.
- Loose lithium-ion batteries and power banks may only be shipped with additional fees
- Smartphones and tablet devices must have an import permit, additional permit application fees will be required
- Jewelry and watches can be shipped only if their value does not exceed $1,000
- Vehicles and motorcycle parts must have an import permit, additional permit application fees will be required
- Materials of erotic nature are strictly prohibited in Malaysia.
The following items can be shipped only under your own responsibility. Risky items are uninsurable. Exaira will not be responsible for any financial loss resulting from damage to these items in transit:
- Cosmetic and beauty products. (Eyeshadow palettes, lipsticks, etc )
- Any items that can be damaged as a result of temperature fluctuations.
- Containers with oil.
- Extremely fragile items. Example: glass containers, musical instruments, electronic items, kitchenware, sculptures, framed painting, antique, canvas print, car panel, confectionery, detergent, diamonds and documents.
- If we receive any prohibited items on your behalf, we will inform you of the situation immediately. You will have a period of ﬁve (5) business days to remove the item from our warehouse using a supported method, including returning the item to the original point of sale or other address within the United States. After the expiration of this ﬁve-day period, any items will be considered abandoned and will be disposed of. Any prohibited items which cannot be shipped within the United States due to carrier restrictions or local laws will be disposed of immediately. We are not liable for ﬁnancial damages resulting from such disposal.
IMPORT AND EXPORT
- You must acknowledge and agree that our Services do not include Customs or taxes (except where clearly stated). We may pay any and all Customs, duties, tariffs, taxes, or other charges or fees of any nature relating to your shipment on your behalf based on the bill that we receive from the carriers or the Royal Malaysian Customs Department (RMC) due to our nature of business, however, you are solely responsible for the payment. All Customs and taxes related payments will then be billed to your Account. We reserve the right to hold your packages until you have fully paid any and all Customs and taxes related payments.
- You are responsible for determining and following the regulations for your shipments, including all Customs requirements. Exaira does not guarantee delivery of packages that do not comply with U.S. export regulations or Malaysia import regulations.
- You are responsible for ensuring that the values and description are complete and accurate before shipping your items. You must provide a Customs description and Customs value for each item in your outbound shipment. We will not be responsible for delays, penalties or damages of your packages caused by inaccurate Customs declarations.
- In cases where packages are returned to us due to issues related to Customs documentation or import regulations, duties or taxes, you will be responsible for call return shipping charges. If we are billed for such charges by the carrier, we will apply the charges to your account.
- Your packages are subject to inspection by RMC authorities and United States export authorities. You agree that you are solely responsible for the accuracy of Customs documentation for your packages, and you are solely responsible for adherence to all applicable laws of the United States and Malaysia jurisdiction.
- You agree that in Exaira’s sole discretion, may terminate your access to any of the Services, and/or discard, remove or modify any content within the Services, for any reason, including, without limitation, for lack of use or if Exaira believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
- You agree that any termination of your access to our Services may be affected without prior notice, and acknowledge and agree that Exaira may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
- If you use the Site in violation of this Agreement, Exaira may in its sole discretion, retain all data collected from your use of the Site.
- You agree that Exaira shall not be liable to you or any third party for the termination or discontinuation of your access to the Site and the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
- If Exaira terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold Exaira harmless and your agreement that any claims you have against Exaira will be barred after one year from the date they accrue, will survive such termination.
- You can cancel your account at any time by contacting us. We can cancel your Account or otherwise refuse the Services to you at any time for any reason (including repeat infringement).
By choosing to use Exaira.com, you agree to indemnity Exaira, its teams, officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through the Site; 2) your use of or connection to ExairaShippin.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.
Disclaimer of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY EXAIRA GLOBAl (M) SDN BHD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EXAIRA GLOBAL (M) SDN BHD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXAIRA GLOBAL (M) SDN BHD ENTERPRISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXAIRA GLOBAL (M) SDN BHD ENTERPRISE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM EXAIRA GLOBAL (M) SDN BHD ENTERPRISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXAIRA GLOBAL (M) SDN BHD ENTERPRISE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS. SUCH LIMITATIONS MAY APPLY TO YOU. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES SURVIVE INDEFINITELY AFTER THE TERMINATION OF THIS AGREEMENT.
The Website uses a “cookie” file that is transferred to your computer’s hard drive, which can identify details of your IP address, operating system (e.g. Microsoft Windows, Mac O/S, Linux), browser (e.g. Internet Explorer, Safari, Firefox, plus the version of the Browser), locale (to determine which country you are accessing the Website from), and other user information (e.g. your username).
Exaira may use the information generated by cookies to:
(a) track traffic patterns to and from the Website;
(b) ensure any advertising is being shown to the most appropriate person; and
(c) enable you to enter the Website and use certain services and to visit registered user only areas of the Website.
How do I disable cookies?
If you want to disable cookies, you need to change your website browser settings to delete or reject them. Depending on the web browser used, further details on how to disable cookies for the most popular browsers are set out below:
Microsoft Internet Explorer:
1. Choose the menu “tools” then “Internet Options”
2. Click on the “privacy” tab
3. Select the setting the appropriate setting
For Google Chrome:
1. Choose Settings> Advanced
2. Under “Privacy and security,” click “Content settings”.
3. Click “Cookies”
1. Choose Preferences > Privacy
2. Click on “Remove all Website Data”
For Mozilla Firefox:
1. Choose the menu “tools” then “Options”
2. Click on the icon “privacy”
3. Find the menu “cookie” and select the relevant options
For Opera 6.0 and further:
1. Choose the menu Files”> “Preferences”
What happens if I disable cookies?
This depends on which cookies you disable, but in general, this will restrict your use of the website and/or delay or affect the way in which it operates. If you only disable third-party cookies, you will not be prevented from making purchases on our sites. If you disable all cookies, you will be unable to complete a transaction on our websites. Finally, you can also delete any cookies that have been installed in the cookie folder of your browser.
The Cookies We Set
Exaira uses several types of cookies, and each performs different functions.
- Account related cookies
- Login related cookies
- Order processing related cookies
This site offers payment facilities, and some cookies are essential to ensure that your transaction is remembered between pages so that we can process them correctly.
Third Party Cookies
- This site uses Google Analytics to help us understand how you use the site and ways that we can improve your experience. These cookies may track transactions and connections such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
- Service provider cookies allow our affiliate partners to provide any bonus that they may offer you for making a purchase or transaction.
- We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work, Facebook, Instagram, Google+ and Twitter will set cookies through our site which may be used to enhance your profile on their site, share or contribute content to their site. Each site holds for various purposes outlined in their respective privacy policies.
Social Media Features and Widgets
Information Sharing and Disclosure to Third Parties
Non-Personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-Personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.
Personal Information. Exaira may share or disclose your Personal information:
- To affiliated companies or other trusted businesses or persons who work on behalf of or with . Exaira may use third party service providers to host the Website or perform other Website functions, to help Exaira administer our business, or to communicate with you about offers or other information relevant to your relationship with Exaira. For example, we may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
- In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- If Exaira believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
- With a potential acquirer or buyer, if Exaira becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- To fulfill the purpose for which you provide it;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
- We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
- We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
When User uses Exaira to purchase merchandise or services from someone else, Exaira asks User to provide information related to each transaction, including the transaction amount and a brief description of the purchase. Exaira retains this information for each of User’s transactions through Exaira.
Exaira also collects the Internet address (IP address) of the computer or device User uses to access User’s Exaira account, in order to help detect possible instances of unauthorized transactions. To facilitate customs declarations when Exaira couriers User’s purchases to User, Exaira will disclose information of User’s purchase to the relevant authorities on User’s behalf.
Customer Service Correspondence
If you send us correspondence, including e-mails, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from Exaira to you.
We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our User Agreement. We may, over time, delete these records if permitted by law.
Questionnaires, Surveys and Profile Data
From time to time, Exaira offers optional questionnaires and surveys to our Users for such purposes as collecting demographic information or assessing Users’ interests and needs.
The use of the information collected will be explained in detail in the survey itself. If Exaira collects personally identifiable information from our Users in these questionnaires and surveys, the Users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
This Website may collect, use, and share User location Data in order to provide location-based services.
Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Website.
Further information about Personal Data
Selling goods and services online
The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery. The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by this Website depends on the payment system used.
Our website and mobile application may contain “beacons” or “pixels” from third-party service providers to help compile aggregated statistics on how Reship is used by our user base as a whole, as well as to gauge the effectiveness of our customer communications and marketing campaigns.
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
- Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
- Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
- Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.