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WELCOME TO OUR BESTLELONG’S ONLINE COMMUNITY!
WE OFFER YOU ACCESS TO OUR SERVICES WITH THE FOLLOWING TERMS:
Our Bestlelong’s online community shall
hereinafter be known as the "Site". Any user who
wants to access the Site to use the services
that are provided (hereafter known as the
"Services") must accept the terms and conditions
of this Agreement in which shall be binding for
each and every time the Services used.
The Services as offered at our Site is operated
by Bestlelong.com Sdn Bhd (Reg no: 817353-A),
owner of www.bestlelong.com,
www.bestlelong.com.my or any subdomain,
(hereinafter "Bestlelong” or “Company” or “we"
or "our") located at Malaysia.
All users
are to read, agree with and accept all of the
terms as stipulated in this User Agreement and
also in the Privacy Policy, which shall include
the terms expressly set out below and those
incorporated by reference, before the user may
become a member of Bestlelong.
If user do
not accept these terms and conditions or have
any enquiries, please contact
customer_service@bestlelong.com
The
purpose of this Agreement is to keep our Site a
safe place to use our services. We trust this
Agreement shall help to ensure that the trust
amongst all users/members of our community.
We reserve the right to amend this agreement
at any time by posting the amended terms on our
site. Should there be any amended terms, the
amended terms shall automatically take effect
once posted at our Site. Your continued usage of
our Site shall constitutes the following :
1.
agreed & acknowledged this Agreement of any of
its modifications; and
2. abide and be bound
by this agreement, including any modifications.
This Agreement enact on the th of 2008
Membership
Our Services shall only be
available only to user who are at least of age
18, who are able to form legally binding
contracts under applicable law. If user are
under the age of 18, the user can use this
service only in conjunction with, and under the
supervision of his/her parents or guardians. If
you do not qualify, please do not use our Site.
The user account (including feedback) and User
ID may not be transferred or sold to another
party. If users are registering as a business
entity, the user must represent that he/she has
the authority to bind the entity to this
Agreement.
Services & Fees
We do not
charge any fees for services at our Site.
However, we do charge fees for sale through our
Site. When user choose to buy/list an item,
he/she has an opportunity to review and accept
the fees that will be charged.
We reserve the
right to change any of our Fees and its relevant
policy and the fees for our services from time
to time.
However, options may be made by our
Company to temporarily change our Fees and its
relevant policy and the fees for our services
for any of our promotional events (for example,
free listing days) and such changes shall take
effect once posted at our Site. We reserve the
right in our sole discretion to change any of
our services at any time.
Should we introduce
a new service at our Site, the fees for that
service shall take effect at the time of the
launch of the service.
All our fees are
quoted in RM (Ringgit Malaysia) unless otherwise
stated. Users are responsible for all fees
payment as well as applicable taxes for our
Services.
We shall reserve the right to
review and change how members can access the
site from time to time. Such changes shall be
posted on our Site and shall be deemed binding
to all users/members upon its implementation.
Contacting Among Users
We shall provide
users the features to enable user to e-mail or
SMS other users. However, such features shall be
limited. Users may not e-mail / SMS bidders in a
currently open sale being run by a different
seller, offering similar or the same item as in
that sale. Users are not allow to collect e-mail
addresses or User IDs of any other users from
our Site in an automated way.
We shall hereby
grant users the right to use other users'
information only for:
(a) on Site -related
communications, and
(b) any other purpose
that such user expressly opts into after
adequate disclosure of the purpose(s).
In
the case of (b), the user must give the other
users an opportunity to remove themselves from
your list and a chance to review what
information you have collected about them. In
addition, under no circumstances can you
disclose personal identifiable information about
another user to any third party without our
consent and the consent of such other user after
adequate disclosure. You are also not allowed to
add another user – even for a user who has
purchased an item from you - to your mailing
list (e-mail or physical mail) without their
expressed consent after adequate disclosure.
Site as Only a Venue
The Site acts as a
venue to allow users to use our services, at
anytime, from anywhere.
The information
provided by other users that is made available
through our Site system as well as all graphics
displayed in listings may reside on our servers,
but uploaded images by our users are beyond our
control. You may find other user's information
to be offensive, harmful, inaccurate, or
deceptive and its images posted may be
offensive, harmful or inaccurate, and in some
cases will be mislabeled or deceptively labeled.
Please use caution, common sense, and practice
safe trading at all times when using the Site.
Please note that there are also risks of dealing
with underage persons or people acting under
false pretense in which we have no jurisdiction
of. Additionally, there may also be risks
dealing with international trade and foreign
nationals. By using this Site, you agree to
accept such risks and we are not responsible for
the acts or omissions of users on the Site.
Verification of Identity
Verification of
the accuracy of the information our users
provide us when they register on the Site shall
be done. However, due to verification on the
Internet being difficult, we are not able to
fully confirm each user's purported identity.
The Malaysia Identification Card (NRIC) shall be
used as purpose of verification. It shall be
submitted either via FAX or E-mail. We trust
with this way we should be able to established a
system to help users evaluate with whom they are
dealing. Direct communication with potential
trading partners through the tools available on
the Site are encouraged.
Dispute
Should there be any event of a dispute among two
or more users, we (and our officers, directors,
agents, subsidiaries, joint ventures and
employees) reserve the right to be release from
claims, demands and damages (actual and
consequential) of every kind and nature, known
and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in
any way connected with such disputes.
Best Lelong
In the case of a Best Lelong
auction, the SOLE (only one) winning bid of the
item shall be at it’s lowest & unique successful
bid amount on the described amount as stipulated
for that particular bid.
User’s
Information
1. Information as defined are
provided by users in the registration, bidding
or listing process, in any public message area
(including the community forum, photo or the
feedback area) or through any email feature.
Users are solely responsible for Your
Information, and we act as a passive conduit for
your online distribution and publication of Your
Information.
2. Your Information (or any
items listed) and users activities on the Site
shall not be false, inaccurate or misleading; be
fraudulent or involve the sale of counterfeit or
stolen items; infringe any third party's
copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity
or privacy; violate any law, statute, ordinance
or regulation (including, but not limited to,
those governing export control, consumer
protection, unfair competition,
antidiscrimination or false advertising); be
defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; be obscene
or contain pornography or, contain any viruses,
Trojan horses, worms, time bombs, or other
computer programming routines that may damage,
detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or
personal information; create liability for us or
cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
link directly or indirectly to or include
descriptions of goods or services that are
prohibited under this Agreement; are identical
to other items you have up for auction but are
priced lower than your item's reserve or minimum
bid amount; are concurrently listed for sale on
a web site other than our Site (this does not
prevent linking to or advertising an item at our
Site from another web site). Users may also not
list any item on the Site (or consummate any
transaction that was initiated using our
service) that, by paying to us the listing fee
or the final value fee, could cause us to
violate any applicable law, statute, ordinance
or regulation, or that violates our current
Prohibited, Questionable and Infringing Items.
3. We reserve the right to use the information
users supply us with, so that we are not
violating any rights users might have in that
information, users agree to grant us a
non-exclusive, worldwide, perpetual,
irrevocable, royalty- free, sublicensable
(through multiple tiers) right to exercise the
copyright, publicity, and database rights (but
no other rights) users have in Your Information,
in any media now known or not currently known,
with respect to Your Information. We shall only
use Your Information in accordance with our
Privacy Policy.
4. Our information on the
Site are updated on a real time basis and is
proprietary or is licensed to us by our users or
third parties. Users agree that they will not
use any robot, spider, scraper or other
automated means to access the Site for any
purpose without our express written permission.
Users also agree that they will not take any
action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately
large load on our infrastructure; copy,
reproduce, modify, create derivative works from,
distribute or publicly display any content
(except for Your Information) from the Site
without the prior expressed written permission
by us and the appropriate third party, as
applicable; interfere or attempt to interfere
with the proper working of the Site or any
activities conducted on the Site; or bypass our
robot exclusion headers or other measures we may
use to prevent or restrict access to the Site.
Feedback
Users may not take any actions
which may undermine the integrity of the
feedback system, such as leaving positive
feedback on themselves using secondary User IDs
or third parties; leaving negative feedback for
other users using secondary accounts or third
parties; leaving negative feedback if a user
fails to perform some action that is outside the
scope of the auction or placing a bid or
arranging to have a bid placed on the user’s
auction solely for the purpose of enabling
positive feedback to be left about themselves.
Feedback ratings are not designed for any
purpose other than for facilitating trading
amongst our Site users, and we reserve all
copyright to the collection of information on
our site, users may not market or promote our
Site’s feedback rating in any venue other than
our site.
For users who earn a net feedback
rating of -3 (minus three), their membership may
be suspended, and they may be unable to list or
bid.
We reserve the right to remove any
members’ positive or negative comment on our own
discretion.
We reserve the right to limit
users activities, immediately remove users bids
or item listings, warn our community of certain
users’ actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate
users’ membership and refuse to provide our
services to any user if the user breach this
Agreement or the documents it incorporates by
reference;
(b) we are unable to verify or
authenticate any information that the user
provide to us; or
(c) we believe that the
user’s actions may cause financial loss or legal
liability for the user, our other users or us.
Privacy
We shall not sell or rent users’
personal information to third parties for any
marketing purposes without users consent and we
only use users’ information as described in the
Privacy Policy. We view protection of users'
privacy as a very important community principle.
We understand clearly that the user and his/her
information is one of our most important assets.
We store and process users information on
computers located in the Malaysia that are
protected by physical as well as technological
security devices by our service providers. If
the user object to his/her Information being
transferred or used in this way please do not
use our services.
NO Warranty
We
and/or our subsidiaries, officers, directors,
employees and our suppliers shall provide the
Site and our services "as is" and without any
warranty or condition, expressed or implied or
statutory. We, our subsidiaries, officers,
directors, employees and our suppliers
specifically disclaim any implied warranties of
title, merchantability, fitness for a particular
purpose and non- infringement.
We and/or our
subsidiaries, officers, directors, employees or
our suppliers shall NOT be liable for any lost
profits or any special, incidental or
consequential damages arising out of or in
connection with our site, our services or this
agreement (however arising, including
negligence).
Indemnity
Users shall
agree to indemnify and hold us and (as
applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by
any third party due to or arising out of your
breach of this Agreement or the documents it
incorporates by reference, or your violation of
any law or the rights of a third party.
Additional Terms.
a) Privacy Policy
b)
Member Registration Policy
c) Posting Policy
General Compliance
Users shall comply
with all applicable laws, statutes, ordinances
and regulations regarding your use of our
servers or your bidding on, listing, purchase or
sale of items.
Our Partners and Sponsors.
Users shall agreed and acknowledged that our
Site may from time to time work with our
partners to send you promotional messages, great
deals or information from our sponsors. We shall
however allows members to unsubcribe from
receiving such materials should they chose to.
NO Agency.
Users and our Site as well as
Services are independent contractors, and no
agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created by this
Agreement.
Notices.
Notices shall be
given by e-mail to us via our
customer_service@lelong.com or to the e-mail
address users provided to our Site during the
registration process, or such other address as
the party shall specify. The notice shall be
deemed to have been given 24 hours after the
e-mail is sent, unless the sending party is
notified that the e-mail address is invalid.
Notices shall be also be given by certified mail
with postage prepaid and return receipt
requested, to the address provided to our site
during the registration process. In such case,
the notice shall be deemed to have been given 3
days after the date of mailing.
We
reserve the right to offer our members certain
products or services at our discretion from time
to time. All users/members will be informed of
such offers through email and certain
information such as name and handphone numbers
maybe made available solely for this purpose.
General.
This Agreement shall be governed
in all respects by the laws of Malaysia. As
such, laws are applied to agreements entered
into and performed entirely within Malaysia and
between Malaysian residents. Both parties submit
to jurisdiction in Malaysia and further agree
that any cause of action arising under this
Agreement shall be brought exclusively to a
court in Malaysia. We do not guarantee
continuous, uninterrupted or secure access to
our services, and the operation of our site may
be interfered with by numerous factors that are
beyond our control. If any provision of this
Agreement is held to be invalid or
unenforceable, that provision shall be struck
and the remaining provisions shall be enforced.
Headings are for reference purposes only, and in
no way define, limit, construe or describe the
scope or extent of such sections. Our failure to
act with respect to a breach by users or others
does not waive our right to act with respect to
subsequent or similar breaches. This Agreement
sets forth the entire understanding and
agreement between us with respect to the subject
matter hereof.
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