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IMPORTANT NOTE :

Failure to read these instructions and follow them or any excuses for "not knowing" will not be entertained. 

 

Terms and Conditions

 

This AGREEMENT between OB21.com. (hereinafter referred to as "OB21"and “Site”) and Registered Member (hereinafter referred to as "Member", "you" and "your")

WHEREAS OB21 provides the services including but not limited to E-Procurement, E-Tender, World Business Directory, Seller Corner, Sponsor and/or featured Ads, Escrow Services (the "Services"); and

WHEREAS Member desires to subscribe to the Service(s) on the terms and conditions contained herein;

By selecting and/or clicking the “I Agree” button during the registration process, you and/or any individual or entity whom may have access to your account (with or without written notification to OB21 of such authorization) have agreed to register an account with us for our service(s) and acknowledge your acceptance of the terms and conditions of this Agreement and all revisions thereof. We may revise these terms including fees for Payment Service from time to time, at our sole discretion, by updating this posting. Your participation in our Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.

Any acceptance of your application(s) for our services and the performance of our services will occur at the location of our principal place of business at Lot 7B-4, Block F1, Jalan PJU 1/42, Dataran Prima, 47301 Petaling Jaya, Malaysia.  

 

ELIGIBILITY
The Site shall have absolute discretion as to whether or not it accepts an individual and/or business entity for participation in the services.

 

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the services offered by the Site, you agree to provide and/or to maintain true, accurate, current and complete information about yourself as requested in the Site (whichever is applicable). If you provide any information that is untrue, inaccurate, not current or incomplete, or OB21 has any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OB21 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

 

USER ACCOUNTS AND SECURITY

All individuals and/or entities are only authorized to create one (1) user account either as a buyer, seller or both at any given time. You are strictly prohibited from creating multiple user accounts under different usernames, identities and business entities. Any violations will result in full suspension of your user account(s) without any further notice and all credits in the escrow account will be forfeited.

 

Members are also entirely responsible for maintaining confidentiality of the password and account security settings; all consequences of voluntary and/or involuntary disclosure of password and account information; any and all activities that occur under Client's account.

 

OWNERSHIP
Members agree that all information contained on a website operated by the Site, and all information compiled by the Site through operation of the affiliate program, is the proprietary information of the Site. You are not allow to
sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose in full or any portion without prior written consent of OB21 or the rights holder.

 

REMOVAL FROM NETWORK

The Site reserves the right to terminate the participation of any Member or site without reason but expressly including any Member site that the Site judges to be in violation of the Terms and Conditions.

 

Notwithstanding anything contained in this Agreement to the contrary, the Site may, in its sole discretion, terminate your account, and discontinue your participation. Members in violation of the Site' Terms and Conditions will be immediately deactivated. The Site may deactivate Members with no prior notification, though every effort will be made to notify the deactivated Member via the email address provided by the Member. Members found in violation of the Terms and Conditions will not receive any credit or payment from the Site. Members that are terminated by the Site on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from the Site. Reasons for the Site's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if the Site believes that you violated this Agreement or other policies or guidelines of the Site or of a Third Party Product (or other Member of the Site Distribution Network) that uses, licenses or distributes the Site, or if the Site believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the Site. All decisions made by the Site in this matter will be final and neither the Site nor its licensees (or distributors) shall have any liability with respect to such decisions.

 

INTELLECTUAL PROPERTY

Any unauthorized use of intellectual property without the explicit written permission of their owners may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" being no more than 10% of the script's contents. This is meant to protect the author's rights.

 

E-MAIL ADDRESSES

Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by the Site at any other time. There should be no need to give anyone your e-mail address. Email addresses may not be exchanged in Private Message Board. Any messages may be monitored by the site admin. It is automatically provided if you choose a seller (or you are the seller chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.

 

BUYING AND SELLING ACTIVITIES ON OB21

Member agree:

 

1)  Not to violate any applicable law and/or regulation,

2) To provide comprehensive information on requirement of the project and/or order,

3)  Not to post false and/or misleading information,

4)  Not to post,

- illegal and/or unlawful services or merchandises

-  Sexually explicit materials and/or services (social escort, prostitution, pornography and its related products)

-  Weapons, firearm, amour and/or its related products or engaging hitman/assassin services
-  Hazardous Drugs such as cocaine, marijuana, ecstasy pills etc

-  Counterfeits, unauthorized replicas, unauthorized items and/or copies (software, publishing material etc) that violate intellectual properties rights and/or copyright

-  Artefacts/Fossil

-  Wagering activities

-  Stolen items such as precious metal, gems, jewellery, accessories, computer peripherals, mobile storage devices, car, machineries etc

-  Request on replicating and/or cloning

-  Protected (endangered) wildlife and/or plant

5)  Not to post content that possibly infringe copy right and/or intellectual  property right,

6)  Not to post contact information and inviting others to deal direct for avoiding commission and/or fees,

7)  Not to post or transmitting any content(s) and/or file(s) that is unlawful, untrue, fraudulent, harassing, libelous, defamatory,  abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or depreciating of OB21 or other users or otherwise objectionable,

8)  To maintain sufficient fund in the account for bidding purposes,

9)  Not to manipulate the bid price to bypass the commission calculation system and to get the attention from the Buyer,

10) Fail to respond to an email from regarding the violation, dispute or complaint,

11) Buyer must financially responsible to the purchases of services and/or goods published. Whilst the Seller or Service Provider must agree to provide the services and/or goods according to the terms of the final bid business terms agreed by both parties,

12) Do provide accurate and/or objective remarks in our Rating Service. Please note that under the Federal Law, OB21 is not legally responsible for any feedback and comments posted or made available on its site by any Member. You will be personally responsible to the damages suffered by Member or Third Party as a result of your comments,

13) Not to hold OB21 liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, Registered Users or visitors to the Web Site.

 

 

PROVIDING CONTACT INFORMATION

You are prohibited from making direct contact with another Member, unless it's for a project you (a seller) have been picked for, or you (a buyer) have picked a seller for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. The Site provides you with Private Message Boards, which should be sufficient for pre-project planning.

 

AVOIDING COMMISSIONS

You are strictly prohibited from contacting members or attempting to negotiate the fee for a project with another Member directly (outside of the Site) at anytime. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on the Site.

 

RIGHT TO REJECT

All requested projects, descriptions and bids are subject to the Site's approval. The Site reserves the right to reject, cancel or remove any projects, descriptions and bids at any time for any reason whatsoever.

 

FEES, PAYMENTS AND REFUND

As consideration for the PAID services (e.g. Verified Member, Banner Ads or Featured Listing) you have selected, you agree to pay OB21 the applicable service(s) fees set forth on our Web site at the time of your selection unless otherwise contracted. All fees are due immediately and we reserve our right on all refund and/or remittance of fund matters, including the pre-funding of your account. OB21 may take all remedies available to collect fees owed including using your credit card/cards on file, funds in your account, including to report, publish and/or broadcast your name to authorities.

 

Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal. You agree that OB21 is authorized, but not obligated, to automatically charge and bill to your account on or before their renewal date, unless you have notified us (as provided herein) that you do not wish to participate in our automatic renewal process. You may "opt out" of our automatic renewal process. You are solely responsible for the account information you provide to OB21 and must promptly inform OB21 of any changes thereto (e.g., change of bank account including payment gateways account or billing address). In addition, you are solely responsible for ensuring the services are renewed. OB21 shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

 

Upon receipt a written request from the Member, the Site will shall remit the payments from the Member’s account in 7 working days. The minimum remittance amount is MYR 50 (for Malaysia Domestic Trade) or USD 25 (for International Trade). Member are further agreed to bear all fees and/or commission related to the remittance.

 

OB21 shall not return any funds to any Member of the Site or Payment Service if

 

1)  Directed not to such funds by competent international, federal, state or local authorities or if so would violate or, in OB21’s reasonable discretion, would reasonably likely violate, any international, federal, state or local laws, regulations or other legal restriction,

2)     Member that removes from the service due to violation of the Terms and Conditions, and

3)     Refund on paid services such as Verified Membership fees, Banner Ads and Featured Listing.

 

OB21 acts solely as the Service Provider’s agent for the purposes of facilitating all payment transactions through the integrated Payment Services and is not a bank and/or financial institution. Funds will be parked and deposited in a separate account in the OCBC Bank (A/C. No. ___) – regulated by Bank Negara Malaysia (Central Bank of Malaysia).

   

YOUR REPRESENTATIONS AND WARRANTIES TO US – PAID AND/OR FREE LINK

You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold the Site or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from the Site. You further represent that your site is not unsuitable for the Our program. Unsuitable sites include those that promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights.  

  

YOUR INDEMNIFICATION OBLIGATIONS

Member agrees to indemnify and hold the Site and its consultants, contractors, agents, attorneys and employees, affiliates, licensees, licensors, harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Member's website content or Member's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.

 

Under no circumstances that OB21 is responsible and/or oblige to ensure timeliness, accuracy, completion or workmanship of any job you give/award to a Service Provider.

 

 

GOVERNING LAW AND JURISDICTION

 

The OB21 (excluding linked sites) is operate by us from our office within Malaysia. You agree that this Agreement and your use of the Web Site, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws of Malaysia. Member, without regard to conflict of laws provisions and shall not be governed by the Untied Nation United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the state and federal courts located in Malaysia and further agree that any cause of action you may bring arising under your use of the Web Site shall be brought by you exclusively in a state or federal court located in Malaysia. We make no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE SITE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF PROJECTS OR BIDS WHICH WILL BE DELIVERED. THE SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY MEMBER INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO MEMBER. IN NO EVENT SHALL THE SITE'S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO THE SITE BY MEMBER HEREUNDER. IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN SUBMITTING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

 

MISCELLANEOUS

This agreement supersedes all prior and/contemporaneous agreements and Member has relied upon no representations, oral or otherwise, not contained within this agreement. The Site reserves the right to change the terms upon which it offers its bid program to the public and may change this agreement by posting such changes. Member's continued participation in the bid program following such changes shall be deemed an assent to such changes. Breach of these Terms and Conditions will result in legal action under local copyright and trademark laws and international treaties. The Site, may at any time revise the contents and these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.

 

 

 
 
 
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