| User Agreement |
THE FOLLOWING DESCRIBES THE TERMS ON WHICH LELONG OFFERS YOU ACCESS TO ITS SERVICES.
Welcome to Lelong's online auction and trading community (hereinafter known as the "Site"). Any person who wants to access the Site to sell, buy or bid 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 Interbase Resources Sdn. Bhd. (Reg no: 465435-U), owner of www.lelong.com.my ,or any subdomain, (hereinafter "www.lelong.com.my" or "we" or "our") located at 6th Floor, Tower 1 Puchong Financial Corporate Centre (PFCC)Jalan Puteri 1/2, Bandar Puteri, 47100 Puchong, Selangor Darul Ehsan. 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 Lelong. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Lelong user.
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 feedback@lelong.com.my
This Agreement helps to keep www.lelong.com.my a safe place to buy and sell items. We would like to build www.lelong.com.my 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.
This agreement was last revised on the 18th of Jan 2011
Eligibility for Membership.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Lelong members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Lelong account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining and bidding on items at Lelong is free. We do charge fees for listing
items for sale through our Site and when you list an item you have an
opportunity to review and accept the fees that you will be charged. We may
change our Fees and Credits Policy and the fees for our services from time to
time. However, we may choose to temporarily change our Fees and Credits Policy and the
fees for our services for promotional events (for example, free listing days)
and such changes are effective when we post the temporary promotional event on
the Site. 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.
Lelong 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.
Contacting Other www.lelong.com.my Users.
www.lelong.com.my provides you with features to enable you to e-mail or SMS
other users. However, there are limitations on your right to use such features.
You may not e-mail / SMS bidders in a currently open auction being run by a
different seller, offering similar or the same item as in that auction. You may
not collect e-mail addresses or User Ids of other users from
www.lelong.com.my's site in an automated way.
www.lelong.com.my hereby grants to you a license to use other users'
information only for:
(a) www.lelong.com.my-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), you must give 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
ly identifiable information about another user to any third party
without www.lelong.com.my's consent and the consent of such other user after
adequate disclosure.
Without limiting the foregoing, you are not licensed to add a www.lelong.com.my
user - even a user who has purchased an auction item from you - to your mailing
list (e-mail or physical mail) without their expressed consent after adequate
disclosure. Our current privacy policies, available at
www.lelong.com.my/Auc/Gen/privacy.asp, are incorporated herein by reference.
Lelong.com.my is Only a Venue
Lelong.com.my is not an auctioneer, although we are commonly referred to as an
online auction web site, it is important to realize that we are not a
traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to
offer, sell, and buy just about anything, at anytime, from anywhere, in a
variety of pricing formats, including a fixed price format and an auction-style
format commonly referred to as "online auctions" or "auctions." We are not
involved in the actual transaction between buyers and sellers. As a result, we
have no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to pay for items. We cannot ensure that a buyer or seller
will actually complete a transaction.
We do not control the information provided by other users that is made available
through our system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and
practice safe trading when using the Site. Please note that there are also risks
of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and
foreign nationals. By using this Site, you agree to accept such risks and Lelong
is not responsible for the acts or omissions of users on the Site.
We cannot control the information provided by other users which is made
available through our system. Note that all graphics displayed in listings may
reside on our servers, but we do not and cannot control the images that are
uploaded by our users. Information and images posted by a member may be
offensive, harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled. We expect that you will use caution and common sense when
using our site. We are not liable for any images that have been placed on our
servers, as they are beyond our control.
Fraud, Cheating or Scam
By using this website for transaction, you agreed that Lelong.com.my, as a
venue, are not responsible for any losses arise from Fraud, Cheating or
Scam from your bidding, buying, or direct negotiation or transaction
conducted within buyers or sellers.
We are not responsible for any lossess arise from Fraud, Cheating or Scam
which arise from you clicking any of the banners appears in lelong.com.my
and related site and re-directed to any third party website for any
transaction you done with third party.
Identity Verification
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Lelong cannot and does not confirm each user's purported identity. For verified member, we solely rely on Malaysia Identification Card (IC) submitting via FAX or E-mail. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or our safetrade services that provide additional safetry to your transaction.
Release
Because we are a venue, in the event that you have a dispute with one or more users, you release Lelong (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
Bidding and Buying
By bidding on an item you agree to be bound by the conditions of sale included
in the item's description so long as those conditions of sale are not in
violation of this Agreement or unlawful. Unless you and the seller agree
otherwise, or unless the item is listed in a category that is prohibited by law
or by this Agreement. you will become the item's lawful owner upon physical
receipt of the item from the seller. Bids are not retractable except in
exceptional circumstances, such as: when the seller materially changes the
item's description after you bid; a clear typographical error is made.
If you bid on an item, it is an irrevocable offer to buy the item at the bid
price. You are obligated to complete the transaction. The winning bidder is the
one who places the highest bid on an item that meets or exceeds the minimum
price as stipulated by the seller, or, if the auction contains a reserve, that
meets or exceeds the reserve price set by the seller.
In the case of a Dutch Auction, the winning bid or selling price of the item(s)
is the lowest successful bid amount on the list of bidders on the auction item
description page.
For the Markdown Auctions, the all bids that have been accepted by the system
are winning bids.
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
You may list your auction only in appropriate categories. All auction items sold
in quantity must be identical (the size, color, make, and model must be the same
for each item). In your listings, you may not link to or include advertising for
goods or services which
(a) describes an item that you are not trying to sell on www.lelong.com.my;
(b) you do not have a right to link to or include.
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.
Without limiting the foregoing, you may not list on our site or sell through our
site, alcohol beverage or items of a pornographic nature. Furthermore, you may
not list on our site or sell through our site any item that, by paying to us the
listing fee, could cause us to violate any applicable law, statute, ordinance or
regulation. Such items include, without limitation, any real estate, stocks or
bonds, insurance or other financial services. www.lelong.com.my reserves the
right to remove any items that it deems, according to its own discretion.
If you receive one or more bids above your stated reserve price, you are then
obligated to complete the transaction. You may not use an alias or agent to
place bids to make your auction a hot auction.
Safetrade
As a member, safetrade will be one of the default payment method, theres no option for seller NOT to offer safetrade to any members, however, as a seller, you have the right to reject each of the safetrade initiated by members.
Your Information
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, antidiscrimination 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, cancelbots, 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 Lelong's (this does not prevent linking to or advertising an Lelong
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 Lelong 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. Lelong 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 Lelong 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: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) 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 Lelong and the
appropriate third party, as applicable; (iii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent
or restrict access to the Site.
Feedback
You may not take any actions which may undermine the integrity of the feedback
system, such as: leaving positive feedback on yourself 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 your auction solely for the purpose of
enabling positive feedback to be left about you.
Because feedback ratings are not designed for any purpose other than for
facilitating trading between www.lelong.com.my users, and because we reserve
all copyright to the collection of information on our site, you may not market
or promote your www.lelong.com.my feedback rating in any venue other than
www.lelong.com.my.
If you earn a net feedback rating of -3 (minus three), your membership may be
suspended, and you may be unable to list or bid.
We reserve the right to remove any members positive or negative comment on our
own discretion.
Breach Without limiting other remedies, we may limit your activity, immediately
remove your bids or item listings, warn our community of your actions, issue a
warning, temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your
information as described in the Privacy Policy. We view protection of users'
privacy as a very important community principle. We understand clearly that you
and your information is one of our most important assets. We store and process
your information on computers located in the Malaysia that are protected by
physical as well as technological security devices by our service providers. If
you object to your Information being transferred or used in this way please do
not use our services.
The new Ecommerce Regulation requires that any Marketplace operators such as Lelong.my 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 fullname, or business name, registration and valid contact details to be published on the posting page or profile page.
Updates: Lelong.my 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.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WWW.LELONG.COM.MY WEBSITE 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.
Limit of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR 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).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnity. You 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.
The following policies are incorporated into this Agreement by reference and
provide additional terms and conditions related to specific services offered on
the Site:
a) Privacy Policy
b) Member Registration Policy
c) Posting Policy
d) Forum / Usage Policy
General Compliance with Laws.
You 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.
Message from Partners and Sponsors.
You ackowledge and agree that www.lelong.com.my may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. www.lelong.com.my will for all practical purpose allows members to unsubcribe from receiving such materials.
No Agency.
You and www.lelong.com.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given by e-mail to
feedback@lelong.com.my (in the case of www.lelong.com.my) or to the e-mail
address you provided to www.lelong.com.my 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.lelong.com.my during the registration
process. In such case, the notice shall be deemed to have been given 3 days
after the date of mailing.
Lelong 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.
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. www.lelong.com.my does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of 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 you 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.
