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My1STOP.com.my User Agreement

The following describes the terms on which My1STOP.com.my offers you access to our services.

Welcome to the user agreement (the "Agreement" or "User Agreement") for My1STOP.com.my. The services available at http://www.my1stop.com.my/ (the "Site") are provided by Carwin Solutions and Dagang NeXchange Berhad, located at Tower 3, Avenue 5, The Horizon, Bangsar South, No 8, Jln Kerinchi, 59200, Kuala Lumpur, Malaysia. This Agreement describes the terms and conditions applicable to your use of our services available on the Site and the general principles for the websites of our parent company and affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

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 My1STOP.com.my. 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 a My1STOP.com.my user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of our merchants' Websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by giving you notice by e-mail in accordance with your notification preferences and by posting the amended Agreement on our site. As a registered user, you obligate yourself to be aware of any future amendments to this Agreement. You also expressly acknowledge that your continued use of our services after the posting of any amended terms on the Site and e-mail notice in accordance with your notification preferences constitutes an acceptance of those amended terms. Once posted on the Site, the amended Agreement will apply to all new user registrations from the date of posting. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by My1STOP.com.my.

This Agreement is effective upon acceptance for new users and is otherwise effective on 31st January 2013.

1. Our rights.

Our services are not available to, and may not be used by persons under the age of 18 years or to temporarily or indefinitely suspended My1STOP.com.my members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. User ID.

You will be assigned a User ID on completion of registration. You are responsible for all actions taken under that User ID. You have no right to transfer your account or User ID to any other person.

3. My1STOP.com.my is Only a Venue.

3.1 My1STOP.com.my is not a seller. Although, we are commonly referred to as a shopping mall web site, it is important to realise that we are not the owner of the products on sale in this website nor a seller of these products. My1STOP.com.my acts as a venue which allows registered users to offer, sell, and buy just about anything, at any time, from anywhere. We are not involved in transactions 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 products, the ability of sellers to sell items or the ability of buyers to buy items. DO NOT ASSUME THAT THE OFFER, SALE, PURCHASE, EXPORT OR IMPORT OF ANY ITEM IS VALID AND LEGAL SIMPLY BECAUSE IT IS DISPLAYED ON OUR WEBSITE. We are not responsible for ensuring that buyers and sellers actually complete a transaction. YOU ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER LAWS APPLYING TO YOU.

3.2 Restricted Items. The following products and services CANNOT be sold or bought at My1STOP:

  1. Pornography & Adult Content (including any Adult subscription service and chat)
  2. Firearms, Ammunition, High Capacity Magazines, Tasers, Air Guns
  3. Fireworks or Pyrotechnic Devices or Supplies
  4. Unapproved Drugs
  5. Gambling Transactions
  6. Pre-Adult Content - Pictures, Videos, etc. of Individuals Under the Age of 18 Years
  7. Replica and Name Brand "Knock Off" Products (potential violation on counterfeit goods likes Channel, Burberry, etc.)
  8. Products from High Risk Industry (tobacco / electronic cigarette is not allowed in Malaysia)

 

My1STOP.com.my does not accept any obligation to protect you from unsafe items listed for sale on the My1STOP.com.my website. Please do not assume that items displayed will be harmless to people or property. Any attempt to sell above stated banned products will force My1STOP.com.my to issue a warning, or immediate My1STOP.com.my account termination if necessary. In the event that the nature of these products have been disguised from My1STOP.com.my and published for display on the My1STOP.com.my website, and if you have been found to sell or buy such banned products, your My1STOP.com.my account will be immediately terminated, and the payment transaction of such items will be cancelled, funds frozen or forfeited, and you may be fined, all without prior notice.

3.3 Identity verification. My1STOP.com.my cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. We encourage you to communicate with potential trading partners using the tools available on our website.

3.4 Postings. You must not take any actions that may undermine the integrity of our e-store tenants and their businesses. If My1STOP.com.my finds your postings in any of our e-store's message boards offensive, My1STOP.com.my reserves the right to remove your postings without prior notice, or your My1STOP.com.my account will be de-activated, and you will be unable to use our services.

3.5 Release. In the event that you have any dispute, right, claim or action against any other user arising from that user's use of our website, you agree to pursue such dispute, right, claim or action independently of and without recourse to My1STOP.com.my, and you release My1STOP.com.my (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) to the full extent allowed by applicable law from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

3.6 Information Control. We do not control the information provided by other users which 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 our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

4. Buying.

As a buyer, you will be obligated to complete a transaction with a seller if you purchase an item through My1STOP.com.my, unless the transaction is prohibited by law or by this Agreement.

5. Service Listing and Product Selling.

5.1 Listing and Product Description. If you are a seller, you must ensure that you are legally able to sell each item included in a catalog, and that it is lawful to sell such item to local residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. If you are a lister, you must ensure that you are authorized by the company that you represent, to list your services at My1STOP.com.my. All items and services must be displayed in an appropriate category. My1STOP.com.my reserves the right to interfere with the categorization of seller's items without prior notice, within the context of increasing user experience with My1STOP.com.my, in the event that the said items are found to be wrongly located, whether unintended or with the intention of misusing the system.

A seller must ensure all item images reflect the item on sale and in no way intended to mislead the customer, and not offensive or in any way negatively affect My1STOP.com.my's members' sensitivity. My1STOP.com.my reserves the right to issue a warning or remove item images that can be considered as close to pornography, even for genuine items such as lingerie, slimming products, or artworks.

A seller may include external hyperlinks to and media from other websites other than My1STOP.com.my into their content in My1STOP.com.my, but must ensure that the content, text, images and external widget codes are not malicious, offensive or in a condition liable to cause harm to people or property, including disrupting the proper functioning of the website or the website's system. A seller must ensure external hyperlinks inserted do not carry destination links that are similarly malicious that would severe users' experience with My1STOP.com.my. Any attempt to insert such content will force My1STOP.com.my to issue a warning, or immediate My1STOP.com.my account termination, or the enter the issue into the court of law if necessary.

A seller must ensure that only one (1) item can be described in one (1) item slot. Any attempt to publish multiple items in one (1) item slot will force My1STOP.com.my to issue a warning, or immediate My1STOP.com.my account termination if necessary.

5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have submitted your online application, and you recognise that you will not have the right to cancel your account registration unless agreed to by My1STOP.

5.3 Binding Purchase. A seller must complete the transaction with the buyer, unless: (a) the buyer fails to meet the conditions of the seller's terms (such as payment method); or (b) the seller cannot authenticate the buyer's identity.

5.4 Infringement. We are not responsible for verifying a seller's right to sell items.To assist in ensuring that displayed items do not infringe upon the copyright, trade mark or other rights of third parties, third parties can notify us in the event that they believe their intellectual property rights to have been infringed, and we may remove such infringing items and/or suspend infringing sellers. Please note that selected personal information which you provide to us may be made available to third parties as is described in our Privacy Policy.

5.5 Manipulation. You must not manipulate the price of any item or interfere with other user's catalogue. Without limitation, you must no make any payment using a false User ID.

6. Social

Please note that all user registrations will include provision of a Personal Profile and its inner content that is by default, set to be only viewable by other users that you, at your own will, may accept or decline as part of your user network in My1STOP.com.my.

Please refer to our Privacy Policy for further information (http://www.my1stop.com.my/about/terms/?doc=privacy).

7. Fees and Payment.

7.1 E-Store Rental. Registering with My1STOP.com.my for a customer account is free of charge. Seller account registration will be charged monthly (hereinafter referred to as rental) as displayed at http://www.my1stop.com.my/about/selling. The rental amount may change at anytime during seasonal promotions. If you create an account with My1STOP.com.my during this period, you agree to be bound to the terms set in such promotions. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the home page (or such later date as we may notify). Unless otherwise stated, all fees are payable in Malaysian Ringgit (RM). All seller account registrations come with a 30-days money back guarantee. If you shall choose to upgrade your seller package at anytime during your tenancy, you will be charged the fees difference between your upgraded package fees and and your current package fees, for the current package registration tenancy period.

7.2 Online Purchase Payment. All payments from the buyer will first be directed to My1STOP.com.my's account by the online payment provider, IPay88. The payment will be forwarded to the seller within 7 working days from the date of receipt of the online purchase proof of payment but may take longer for unusual potential-fraud cases.

8. Your Information

8.1 Definition. "Your Information" is defined as any information you provide to us or other users in relation to the My1STOP.com.my service including the registration, buying, or selling (including, without limitation, any description of items displayed), your postings on the message boards and any other content that you post within our website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

8.2 Restrictions. Your Information and your activities on our Site must not:

a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

You must not display any item on our website (or complete any transaction 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.

8.3 Licence. To enable My1STOP.com.my to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known. Our Privacy Policy (http://www.my1stop.com.my/about/terms/?doc=privacy) will govern use of Your Information.

9. Access and Interference

Our website contains robot exclusion headers and you agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our website or any auction being conducted on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to My1STOP.com.my by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of My1STOP.com.my or the relevant My1STOP.com.my user.

10. Breach

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.

11. Privacy

Please note that Your Information will be stored and processed on our computers in Malaysia. My1STOP.com.my will never sell or rent your personal information to third parties except as described in the Privacy Policy. IF YOU OBJECT TO YOUR INFORMATION BEING TRANSFERRED OR USED IN THIS WAY PLEASE DO NOT REGISTER.

Please refer to our Privacy Policy for further information (http://www.my1stop.com.my/about/terms/?doc=privacy).

12. Warranty

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. The Site and our services are provided "as is" and as and when available, without any warranty of any kind either express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law we exclude 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. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

13. Limitation of Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. SUBJECT TO THE FOREGOING, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE UNDER ANY CIRCUMSTANCES, WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), ANY LOSS OF GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We are not liable and we will not be liable (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) MALAYSIAN RINGGIT RM2,000.

14. Indemnity

You agree and undertake fully and effectively to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, at all times harmless from any actions, proceedings, costs, claims or demands, liabilities and expenses whatsoever, (including reasonable attorneys' legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly, due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

15. Notices

Unless otherwise explicitly stated, notices to My1STOP.com.my must be sent by registered mail to:

Carwin Solutions,
Auditorium 1, 3C Complex,
Jalan PJS 11/2,
Sunway City,
46150 Petaling Jaya,
Selangor,
Malaysia.

Notices to you will be sent to the email address that you provide to My1STOP.com.my during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 14 days following the date of mailing.

16. Governing Law and Legal Compliance

This Agreement shall be governed by and construed in accordance with Malaysian law and subject to the non-exclusive jurisdiction of Malaysian courts.

The laws of your country may be different from Malaysian law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services, listing, purchase, solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

17. Dispute Resolution

In the event a dispute arises between you and My1STOP.com.my, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and My1STOP.com.my regarding our services may be reported to My1STOP.com.my Crew at http://www.my1stop.com.my/about/my1stop/?p=contact. We encourage you to report all disputes between users to your local law enforcement body. If such dispute or difference, which may arise between the you and My1STOP.com.my in connection with or arising out of the Agreement remains unresolved, it shall be settled by arbitration in accordance with the Reseller Terms and Conditions for Arbitration of the Kuala Lumpur Regional Arbitration Centre ("KLRAC"); there shall be one arbitrator, the language of the arbitration shall be English, the place of arbitration shall be at KLRAC, Kuala Lumpur. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The judgment on the arbitration award may be entered into any court having jurisdiction thereof.

18. Third Party Rights

A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

19. General

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. You agree that this Agreement and all incorporated agreements may be automatically assigned by My1STOP.com.my, in our sole discretion, to a third party in the event of a merger or acquisition. You and My1STOP.com.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 its subject matter.

This Agreement will prevail over any user terms imposed by a seller and our
Privacy Policy http://www.my1stop.com.my/about/terms/?doc=privacy, and
Return Policy http://www.my1stop.com.my/about/terms/?doc=return.

Our policies may be amended from time to time by posting the changes on the home page and except for the Privacy Policy for which we will provide you with thirty days notice, changes to the other policies, if any, shall be effective immediately.

Sections, 7 (Fees), 8 (Your Information), 9 (Access and Interference), 13 (Limitation of Liability), 14 (Indemnity), 16 (Governing Law), 17 (Dispute Resolution) and 18 (Third Party Rights) shall survive any termination of this Agreement.

If you have any questions, please contact My1STOP.com.my Crew http://www.my1stop.com.my/about/my1stop/?p=contact.

As a condition of being a Subscriber of My1STOP.com.my, you hereby acknowledge that you are bound to the Personal Data General Notice as written in http://www.my1stop.com.my/about/terms/?doc=pdpa

 


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