|
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.
|