Selamat datang ke E-bazaar khas untuk kitak urang Kuching berjual-beli. Maklumlah sejak penularan pandemik Covid-19 tok, kita menjalani PKP dan semua Bazaar Ramadhan, Aidilfitri dan Gawai sik boleh diadakan. Jadi, toklah platform untuk kitak urang berjual-beli
Terms of Service
The terms and conditions set out herein below govern the use of Syarikat Celik Niaga’s (‘the Company’) services offered and available on the website e-bazaar.com.my, all its official Android / iOS app and all related sub-sites (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.
The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by the company client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by e-bazaar and the company.
The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and E-bazaar is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. E-bazaar is not involved in the transaction between Users. E-bazaar may or may not pre-screen Users or the Content or information provided by Users. E-bazaar reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. E-bazaar cannot ensure that Users will actually complete a transaction.
The company reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. E-bazaar may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. E-bazaar may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
E-bazaar reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING E-BAZAAR SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
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.
The services herein are offered by the Company which has its registered office at Sublot 25, 1st Floor Lot 14464, Sec 65 KTLD, Pusat Komersil Swan, Batu 4 Jalan Matang, 93050 Kuching, Sarawak, Malaysia.
2. 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.
The person who joining us as our vendor, who has the authority to sell product and posting advertisement and listing of any items for sale on the site (‘the Vendors’) are independent individuals or businesses and they are not associated with e-bazaar in any way. E-bazaar is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed 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.
‘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.
3. 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”).
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 hereinabove 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 may obtain further information on the Content Code from the following link: http://cmcf.my/
The User shall comply with the Company’s Rules of Advertising.
The User is solely responsible for the accuracy of the said Information.
4. VIOLATION OF OUR TERMS OF SERVICE
a) Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
i) Account suspension and subsequent termination
ii) Limits placed on Account privileges
iii) Listing deletion
iv) Criminal charges
v) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
b) If you believe a User on our Site is violating these Terms of Service, please contact email@example.com
5. PURCHASE AND PAYMENT
a) E-bazaar supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (COD)
E-bazaar provides COD services in selected item and region/s. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our Company Account. Buyer must provide E-bazaar with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in E-bazaar’s app as payment confirmation. If payment confirmation is not received by E-bazaar within three (3) days, Buyer’s order will be cancelled.
b) Buyer may only change their preferred mode of payment for their purchase prior to making payment.
c) E-bazaar takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
d) At the moment, E-bazaar is only able to make payment to Users via bank transfer. Hence, Users are required to provide E-bazaar with his/her banking details in order to receive payments i.e. from the sale of item or refund from E-bazaar.
a) E-bazaar will inform Seller when E-bazaar receives Buyer’s Purchase Monies. Unless otherwise agreed with E-bazaar, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
b) Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the E-bazaar Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.
c) Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that E-bazaar will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
d) Currently, E-bazaar does not deliver its product across border or internationally. E-bazaar is currently serves as a marketplace that only fulfil the order within Malaysia
d) Where the Buyer elects to have a purchased item delivered by Poslaju or any other shipping method, all costs or fee payable to the delivery company (“Shipping Fee”) for delivering the purchased item shall be borne solely by the Seller or Buyer.
7. CANCELLATION, RETURN AND REFUND
a) Cancellation of purchase does not apply to any food and beverages products except in the condition as stated in E-bazaar’s Refunds and Return Policy
b) Buyer may only cancel his/her order within 2 days from the date of purchase
c) Buyer may apply for the return of the purchased item and refund prior to the expiry of E-bazaar Guarantee Period, if applicable, subject to and in accordance with E-bazaar’s Refunds and Return Policy. Please refer to E-bazaar’s Refunds and Return Policyfor further information.
d) E-bazaar reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into the Company Account.
e) E-bazaar does not monitor the cancellation, return and refund process for offline payment.
8. SELLER’S RESPONSIBILITIES
a) Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
b) The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
c) Seller agrees that E-bazaar may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
d) For the purpose of promoting the sales of the items listed by Seller, E-bazaar may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by E-bazaar.
e) Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and E-bazaar cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
f) Seller acknowledge and agrees that Seller’s violation of any of E-bazaar’s polices will result in a range of actions as stated in Section 4.a)
9. E-BAZAAR GUARANTEE
a) E-bazaar Guarantee is a service provided by E-bazaar to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by E-bazaar
b) After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held by E-bazaar until:
(i) Buyer sends confirmation to E-bazaar that Buyer has received his/her goods, in which case, unless 9.b) (iv) applies, E-bazaar will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below) in E-bazaar Guarantee Account to Seller;
(ii) E-bazaar Guarantee Period (or any approved extension under 9.c) expires, in which case, unless 9.b)(iii) or 9.b)(iv) applies, E-bazaar will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), and the Transaction Fee and Tax Amount (defined below) in E-bazaar Guarantee Account to Seller;
(iii) E-bazaar determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 9.b)(iv) applies, E-bazaar will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(iv) such other time as E-bazaar reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), and the Transaction Fee and Tax Amount (defined below is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
E-bazaar Guarantee is only offered to Buyers who have made payment through the channels provided by E-bazaar into E-bazaar Account. Offline arrangements between Buyer and Seller will not be covered under E-bazaar Guarantee.
c) Payments made through E-bazaar channels will be held in the E-bazaar Account for a specified period of time (the “E-bazaar Guarantee Period”). Buyer may apply for a one-time extension of E-bazaar Guarantee Period prior to the expiry of the applicable E-bazaar Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, E-bazaar Guarantee Period may be extended for a maximum period of three (3) days unless E-bazaar in its sole discretion determines that a longer extension is appropriate or required.
d) If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, E-bazaar will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than twelve (12) months after they become due to the Seller, E-bazaar will deal with such unclaimed Buyer’s Purchase Monies in accordance with any applicable laws.
f) The E-bazaar Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the E-bazaar Guarantee. The E-bazaar Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and E-bazaar accepts no liability in connection with the same. Without limitation, the E-bazaar Guarantee does not constitute a product warranty.
g) Buyer and Seller acknowledge and agree that E-bazaar’s decision (including any appeals) in respect of and relating to any issues concerning the E-bazaar Guarantee is final.
h) For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by E-bazaar Guarantee.
10. COMMISSION AND FEES
a) E-bazaar charges an eight percent (8%) commission for all successful transactions completed and is calculated as eight percent (8%) of the Buyer’s Purchase Monies, rounded up to the nearest cent.
b) Following the successful completion of a transaction, E-bazaar shall deduct the commission from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 9.b).
c) E-bazaar charges RM2.00 fee for withdrawal processing fee to process the money transfer from E-bazaar to the vendor’s bank account. The charge of RM2.00 is applicable for each transaction regardless the amount of transaction. The fee will automatically deducted from the total amount of each transaction. Therefore the actual amount to be transferred to vendor’s bank account will be the amount applied to be withdrawn minus the processing fee of RM2.00
11. INTELLECTUAL PROPERTY
i) 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.
ii) 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:-
iii) 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.
iv) 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’).
v) 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.
vi) All photographs used in any listings and advertisements and posted on the Site may/will be endorsed with the Company’s watermark seal (the “Watermark”). The Watermark shall not at any time be removed, altered or tampered with.
vii) 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.
b) 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.
i) E-bazaar.com.my and its logos are trademarks or registered trademarks of the Company.
ii) Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
12. CONTENT USE CONDITIONS
a) 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.
b) 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:-
c) 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.
d) 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.
13. ONLINE CONDUCT OF THE USER
The User undertakes:
a) 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);
b) 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
c) 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.
14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
15. FRAUDULENT OR SUSPICIOUS ACTIVITY
If E-bazaar, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect E-bazaar, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
b) We may suspend your eligibility for E-bazaar Guarantee;
c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to E-bazaar;
d) We may refuse to provide the Services to you now and in the future;
e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to E-bazaar or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Buyer or Seller files directly with E-bazaar.
“Reversal” means the reversal of a payment by E-bazaar because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by E-bazaar, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other E-bazaar policy, or (e) E-bazaar decided a Claim against you.
a) 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.
b) 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.
c) 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.
e) 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.
b) 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.
c) 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.
18. EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to post advertisements on the Site.
The company may display email address of the user publicly on the Site.
19. 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.
20. NO WARRANTY
a) 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.
b) 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.
c) 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.
d) 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.
21. LINKS TO THIRD PARTY WEBSITES
a) The Site may contain links and/or references to other websites (‘Third Party Websites’).
b) The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
c) Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
d) 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.
e) 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.
22. 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.
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.
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.
25. 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.
26. GENERAL PROVISIONS
a) E-bazaar and the Company reserve all rights not expressly granted herein.
b) E-bazaar may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
c) 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.
d) 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.
e) 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.
f) The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
g) Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and the Site, nor does it authorise you to incur any costs or liabilities on the Site or the Company’s behalf.
h) Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
i) Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
j) Words importing one gender shall include any other gender unless stated otherwise.
k) Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
Notices to the Company may be sent by registered post to the following address:
Syarikat Celik Niaga
Reg no: 117869
Sublot 25, 1st Floor Lot 14464, Sec 65 KTLD,
Pusat Komersil Swan, Batu 4 Jalan Matang,
93050 Kuching, Sarawak,
Notices to the User shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the User’s address, shall be deemed to be received after 14 days from the date of posting.
Please note that in posting your advertisement on e-bazaar.com.my, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the “Regulations”) as follows :-
(1) Your name or the name of your business or company;
(2) The registration number of your business or company, if applicable;
(3) Your email address, telephone number and address;
(4) A description of the main characteristics of the goods or services offered;
(5) The full price of the goods or services including transportation costs, taxes and any other costs;
(6) The method of payment;
(7) Any terms and conditions governing the sale of goods or provision of services; and
(8) The estimated time of delivery of goods or services to the buyer.
Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and e-bazar.com.my or Syarikat Celik Niaga shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, e-bazar.com.my or Syarikat Celik Niaga shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.
Effective from 15 April 2020