1. Welcome to IklanSesamainsan.com, Malaysia 's Free Classified Ad Services. These terms and conditions are intended to keep IklanSesamainsan.com a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on whichIklanSesamainsan.com Solutions offers you access to the services and the web site. By registering as a member of IklanSesamainsan.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by IklanSesamainsan.com from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
· SPECIFIC WARNINGS
2.1 The services: IklanSesamainsan.com provides a venue to introduce members who want to buy and sell items. IklanSesamainsan.com does not take any part in the sale of items other than by providing our web site as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that IklanSesamainsan.com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. IklanSesamainsan.com gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including:
1. about ownership of any item;
2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;
3. as to the accuracy or truth of listings;
4. that any item will meet your requirements or expectations; or
5. about the ability of members to complete a transaction.
2.3 Disclaimer: You expressly understand and agree that:
1. your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, IklanSesamainsan.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2. IklanSesamainsan.com does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable;
3. no advice or information that is obtained by you from IklanSesamainsan.com or anyone else shall create any warranty by IklanSesamainsan.com that is not expressly stated in the terms and conditions; and
4. responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute IklanSesamainsan.com's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of IklanSesamainsan.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. IklanSesamainsan.com's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of IklanSesamainsan.com's message boards, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.
2.6 Breach: Without limiting any other rights and remedies available to IklanSesamainsan.com, IklanSesamainsan.com may limit your activities on the web site, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where IklanSesamainsan.com considers it appropriate.
· BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Malaysia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by IklanSesamainsan.com to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). IklanSesamainsan.com may phone or mail you to verify these details.
3.3 Termination of membership: IklanSesamainsan.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, IklanSesamainsan.com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
1. not to permit any other person to use your user name or membership; and
2. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.
· GENERAL RULES
4.1 General
1. All listings, bids or communications made through IklanSesamainsan.com shall be made in good faith.
2. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
3. Iklansesamainsan.com memberships are not transferable and therefore can not be sold or traded.
4. You must list auctions and classifieds in Malaysian Ringgit. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
5. Contracts for the sale of land must be in writing to be legally enforceable. We recommend that, after the seller accepts the highest bid for real estate via the services, you and the other member should agree in writing the price and terms of sale for the real estate after each of you has obtained independent legal advice.
6. You should not use the services or the web site to promote items for sale outside the services.
4.2 Your obligations as a seller
1. Sellers must be located in Malaysia. Sellers outside of these countries are not permitted to sell on Iklansesamainsan.com.
2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
3. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. In the case of automobiles that are offshore or in transit to Malaysia you must hold clear proof of ownership of such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.
4. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause 4.2(d). You agree that Iklansesamainsan.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
5. When you list an item for auction on Iklansesamainsan.com, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum.
6. Iklansesamainsan.com classifieds may be used by individuals or businesses to sell specific items only and must not be used for multiple or generic item listings.
7. You must not charge unreasonable amounts for shipping and packaging costs.
8. You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.
9. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
10. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
11. For classifieds, you may choose to sell to any buyer at your discretion.
12. Listings are not pre-screened for content.Iklansesamainsan.com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
13. You must not link a listing to any page outside the web site unless the page directly promotes the sale of the items in the listing.
14. You must promptly forward the listed item to the successful buyer on completion of the transaction.
4.3 Your obligations as a buyer
1. You must be located in Malaysia to buy on Iklansesamainsan.com. People outside of these countries are not permitted to purchase items off Iklansesamainsan.com.
2. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
3. You must make full and prompt payment for an item bought by you.
· GENERAL PROVISIONS
5.1 System Integrity: Iklansesamainsan.com will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Iklansesamainsan.com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Iklansesamainsan.com assumes no responsibility for the corruption of any data or information held by Iklansesamainsan.com.
5.2 Resolution of disputes: As Iklansesamainsan.com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Iklansesamainsan.com in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
5.3 Force Majeure: Without prejudice to clause 2.3(a), Iklansesamainsan.com has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Iklansesamainsan.com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Iklansesamainsan.com.
5.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.6 Governing Law: These terms and conditions are governed by the laws of Malaysia . You submit to the non-exclusive jurisdiction of the Courts of Malaysia.
5.7 Intellectual Property Rights: Iklansesamainsan.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
2. Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.
5.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
5.10 Privacy: Iklansesamainsan.com collects personal information about you through your use of the services and the web site, including:
* your registration details; and
* information relating to your use of the web site and the content you access.
You agree that Iklansesamainsan.com may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Iklansesamainsan.com products and services to you, and for any other use that you authorize.
We will not sell or allow third parties to access your personal information without your consent, however you agree that Iklansesamainsan.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(c) at any time.
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