User Term & Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ICAREMALLS.COM OFFERS YOU ACCESS TO ITS SERVICES.
The User is advised to read them carefully as they affect the User's rights and liabilities under the law.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement ('the Agreement'), as well as those terms and conditions incorporated by reference and/or implication.
The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.
If the User continues to use the Site and/or services provided by the Company on the Site ('the Services') after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
Welcome to ICAREMALLS.COM online marketplace and trading community (hereinafter known as the "Site"). Any person who wants to access the Site to sell or buy for goods and use the services that are provided (hereafter known as the "Services") must accept the terms and conditions of this Agreement. The terms and conditions are binding for each and every time the Services are used.
The Service is operated by Global Inter Forces Sdn. Bhd.(Reg no: 1253061-W), owner of www.icaremalls.com ,or any subdomain, (hereinafter "www.icaremalls.com" or "we" or "our")
located No. 11-2D, Jalan 22A/70A, Desa Sri Hartamas, 50480 Kuala Lumpur at Malaysia
This Agreement helps to keep www.icaremalls.com a safe place to buy and sell items. We would like to build www.icaremalls.com on trust, and this Agreement helps ensure that trust amongst all members of our community.
We may amend this agreement at any time by posting the amended terms on our site. The amended terms shall automatically become effective after they are posted on our site. Your continued use of this site constitutes the following :
1. acknowledgment of this Agreement and any modifications; and
2. agreement to abide and be bound by this agreement, including any modifications.
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.
'Individual' - The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. 'Individual' includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User's personal capacity and on behalf of the User's child/ward, to be bound by the terms of this Agreement and to be liable for the User's child's or ward's acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User's child or ward observes the terms of this Agreement. If you do not qualify, please do not use our Site. Further, your Icaremalls.com account (including feedback) and User ID may not be transferred or sold to another party.
'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code ("Content Code").
Fees and Services.
Joining and bidding on items at ICAREMALLS.COM is free.
We do charge fees after item sold for platform administration in our market place. When you list an item you have an opportunity to review and accept the fees that you will be charged. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Icaremalls.com may from time to time review and change how members can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation.
The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
(b) otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
(c) violates or is illegal under any applicable law, statute, ordinance or regulation.
The User shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
(d) violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials.
(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
(j) any other prohibited content as provided under the Content Code.
"Information" referred to herein above includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.
The Company reserves the right to remove any items that it
deems in violation of the above, at its sole discretion.
The Company shall also have the right to remove any content from the Site in accordance with the complaints procedure contained in Part 5, Paragraph 10.2 of the Content Code.
The User shall comply with the Company's Rules
The User is solely responsible for the accuracy of the said Information.
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site ("Content") are works protected under the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-
1) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
2) transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User's personal use only. The User further agrees that he or she will not infringe the Company's copyright by any method or manner now known or as may exist in the future.
The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs ('the Assigned Works').
The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.
All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Company's watermark seal (the "Watermark"). The Watermark shall not at any time be removed, altered or tampered with.
The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
Icaremalls.com and its logos are trademarks or registered trademarks of the Company.
Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
CONTENT USE CONDITIONS
All information, materials, functions and other content ("Content") on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.
The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:-
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
ONLINE CONDUCT OF THE USER
The User undertakes:
to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);
not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
The Company collects information about its Users ('User Information') during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.
All User activities are logged. When the User requests pages from the Company's servers, it automatically collects information about the User's preferences, including the User's Internet Protocol address.
The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.
The new Ecommerce Regulation requires that any
Marketplace operators such as Icaremalls.com to have the full details of sellers with supporting
documents such as MyKad, business registration documents, bill statement etc.
We are required to have your details such as your full name, or business name,
registration and valid contact details to be published on the posting page or
Icaremalls.com can (and you authorize us to) disclose your user ID, full name, MyKad details, phone number, email, and company registration details to authorities and rights owner as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to post advertisements on the Site.
The email address of the User shall not be publicly displayed on the Site. Other Users may contact the User through the Site.
TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company's control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.
The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.
LINKS TO THIRD
The Site may contain links and/or references to other websites ('Third Party Websites').
The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.
EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees.
For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
Fraud, Cheating or Scam
By using this website for transaction, you agreed that www.icaremalls.com, as a market place, are not responsible for any losses arise from Fraud, Cheating or Scam from your buying, or direct negotiation or transaction conducted within buyers or sellers.
We are not responsible for any losses arise from Fraud, Cheating or Scam which arise from you clicking any of the banners appears in www.icaremalls.com and related site and re-directed to any third party website for any transaction you done with third party.
Listing and Selling
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category
We reserve the right to remove a members listing if found that :
(a) Seller's registration details and contact information is in-valid, not contactable, or misleading. (b) Seller has been suspended from trading for any other reason which against our guideline, rules and regulations.
You may not list on our site or sell any item using our site which:
(a) infringes any third party's copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or
(c) is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation.
Or anything prohibited in our Listing Policy
KIPLEBIZ PAYMENT GATEWAY
As a member, KIPLEPAY will be one of the default payment method, there's no option for seller NOT to offer KIPLEPAY to any members, however, as a seller, you have the right to reject each of the KIPLEPAY initiated by members.
1. Definition. "Your Information" is
defined as any information you provide to us or other 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.
You are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information.
2. Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or, (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Icaremalls.com (this does not prevent linking to or advertising an Icaremalls.com item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may 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.
Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Icaremalls.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
2) 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 of Icaremalls.com and the appropriate third party, as applicable
3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
4) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Message from Partners and Sponsors.
You acknowledge and agree that www.icaremalls.com may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. www.icaremalls.com will for all practical purpose allows members to unsubscribe from receiving such materials.
explicitly stated otherwise, any notices shall be given by e-mail to email@example.com (in the case of www.icaremalls.com) or to the
e-mail address you provided to www.icaremalls.com during the
registration process (in your case), 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. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to www.icaremalls.com during the registration process. In such case, the notice
shall be deemed to have been given 3 days after the date of mailing.
Icaremalls.com may from time to time work with party to offer our members certain products or services at our discretion. All 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.