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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
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of icaremalls.com. If you do not accept these terms and conditions or have any questions that our frequently asked questions or help section cannot answer, please contact cs@icaremalls.com
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
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.
INTELLECTUAL
PROPERTY
Copyright
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.
Domain Name
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.
Trademark
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:-
Services; or
Site.
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.
PRIVACY
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.
The Company uses cookies so that the User does not have to
enter his or her login information each time they visit the Site.
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.
If the User is an Individual, information regarding the handling of the User's personal information by the Company is set out in our Privacy Policy.
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
profile page.
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.
COOKIES
This site uses cookies. You must have cookies enabled on your
computer in order for all functionality on this site to work properly. This is
the default setting for both Internet Explorer and Mozilla browsers. Please
refer to your browser's Help for more information about enabling cookies.
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.
NO WARRANTY
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
PARTY WEBSITES
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.
INDEMNITY
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.
RELEASE
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.
GOVERNING LAWS
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.
GENERAL PROVISIONS
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.
3. License. Solely to enable Icaremalls.com to use the information you supply us with, so that we are
not violating any rights you might have in that information, you 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) you have in Your
Information, in any media now known or not currently known, with respect to
Your Information. Icaremalls.com will only use Your Information in accordance with our
Privacy Policy.
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.
Notices.
Except as
explicitly stated otherwise, any notices shall be given by e-mail to cs@icaremalls.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.
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