Any amendment, addition or variation to any part of this Web Store User Agreement if necessary, shall be made in writing upon mutual consent between the Parties by way of supplementary agreement. The supplementary agreement shall form part of this Agreement upon execution between the Parties. The supplementary agreement shall form part of this Agreement upon execution between the Parties.The Lelong.my Web Store service is operated by Interbase Resources Sdn. Bhd. (Reg no: 465435-U), owner of www.lelong.com.my, www.lelong.my ,or any subdomain, (hereinafter "www.lelong.com.my", “www.lelong.my” or "we" or "our") located at 6th Floor, Tower 1 Puchong Financial Corporate Centre (PFCC) Jalan Puteri 1/2, Bandar Puteri, 47100 Puchong, Selangor Darul Ehsan, Malaysia.
Our services are available only to, and may only be used by individuals/merchants who can form legally binding contracts under applicable law. Without limiting the foregoing, our services is not available to persons under the age of 18, or to temporarily or indefinitely suspended Lelong.my members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Lelong.my account (including feedback and ratings) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Quantum of Fees and Services
Certain fees may apply to list and sell through our Site. In our sole discretion, we may change our Fees structure, and the service fees from time to time. However, we may choose to temporarily change our Fees structure and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our fees structure and services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Fees paid will not be fully refunded or prorated in the event that your Lelong.my Web Store is suspended for breaking our rules, terms and conditions. Your fees paid for the subscription of the Web Store will be refunded if your subscription application is rejected. Lelong.my has the all rights to reject any applications.
We may from time to time review and change how Lelong.my Web Store merchants can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation. The changes will instantly become effective after they are posted on our site.
Right To Suspend or Terminate by Lelong.my
Lelong.my may terminate any auction, sale or use of the service if:-
You significantly changes the scope of the API / program / application without prior written consent of Lelong.my
You breached any part of this Agreements and Lelong.my's Terms and Conditions
You failed to update the valid shipping tracking (courier tracking code) within seven (7) days the order is paid
Lelong.my reserves the sole right to terminate or refuse to provide the service to any business or individual without any assigned reason. Store fees will be refunded prorated accordingly to the number of months a member operated the web store
The system will automatically suspend your web store account if you receive two (2) or more bad ratings from your buyer(s). You will have to resolve all the bad ratings with your buyers by contacting them personally.
Listing and Selling
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item(s) and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures, videos and other content relevant to the sale of that item. All listed items must be listed in the appropriate categories. Lelong.my will not be liable and held responsible for items your list for sale on the Site.
All items sold in quantity must be identical (the size, color, make, and model must be the same for each item). In your listings, you may not link to (or link out) or include advertising for goods or services which:-
describes an item that you are not trying to sell on www.lelong.my;
you do not have a right to link to or include. No external URL or sites other than Lelong.my should be included in your posting
You may not list on our site or sell any item using our site which:
infringes any third party's copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or
is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation.
Without limiting the foregoing, you may not list on our site or sell through our site, drugs or narcotics, tobacco and items of a pornographic nature, which includes the sale of sex and adult toys or services. Furthermore, you may not list on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation. Such items include, without limitation, any real estate, stocks or bonds, insurance or other financial services. Lelong.my reserves the rights to remove any items/listing that it deems, according to its own discretion.
For the sale of alcohol beverages, the merchant will have to provide the sale of alcohol license or "lesen arak (Lesen Minuman Keras)".
We reserve the rights to temporarily restrict the Merchant's listing without notice if found that :
the Merchant's registration details and contact information is in-valid, not contactable, or misleading.
the Merchant has been suspended from trading for any other reason(s) which is against our guideline, rules and regulations, or any other reasons deemed reasonable by us.
the Merchant has included any external URL or website which would re-direct to a different site other than Lelong.my.
the Merchant's payment does not got through NetPay payment services.
the Merchant mislead or impersonate messages/text to promote sale or the "number of items sold".
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site, and will be updated regularly.
It is compulsory for the Merchant to update all paid orders with valid shipping tracking details (courier tracking code) within seven (7) days the order is paid, or within the days as described in the listing. The Merchant is responsible to bear the cost of all courier services, shipping charges, merchandise taxes and duty charges.
The new Ecommerce Regulation requires that any Marketplace operators such as Lelong.my to have the full details of sellers with supporting documents such as MyKad, business registration documents, bill statement etc. We are required to have your details such as your full name, or business name, registration and valid contact details to be published on the posting page or profile page. (URL: http://bbs.lelong.com.my/bbs/showthread.php?t=38224)
Lelong.my can (and you authorize us to) disclose your user ID, full name, MyKad details, phone number, email, and company registration details to authorities and rights owner as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Promotional and Marketing
From time to time, Lelong.my have the rights to send you advertisements, promotional and marketing materials. The materials may be from us or from 3rd parties. Lelong.my has the rights to use any of your product pictures in Lelong.my, marketing campaigns, newsletters, Lelong.my's mobile apps and any promotional campaigns. Lelong.my will notify merchant for such request prior to approval.
You and Lelong.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
If you receive one or more bids above your stated reserve price, you are then obligated to complete the transaction. You may not use an alias or agent to place bids to make your auction a hot auction.
While using Lelong.my sites, services and tools, you will not:
post content or items in inappropriate categories or areas on our sites and services;
Infringe on any copyrights or intellectual property rights;
violate any laws, third party rights or our policies;
use our sites, services or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Lelong.my;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Lelong.my);
circumvent any Lelong.my policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions; transfer your Lelong.my account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes via sms, PM and email;
distribute viruses or any other technologies that may harm Lelong.my, or the interests or property of Lelong.my users;
copy, modify, or distribute rights or content from the Lelong.my sites, services, or tools or Lelong.my copyrights and trademarks; or
harvest or collect information about users, including user ID and email addresses without their consent.
contact customers to request they pay you via means other than the supported Lelong.my payment services. Providing customers bank account details which other than the registered bank details as your Lelong.my Web Store will lead to your Web Store being suspended and terminated.
Log in, or attempt to log in, to a Web Store which is not maintained by yourself.
To protect against the risk of liability, Lelong.my may request, and may continue to request, that NetPay Payment Services hold seller funds available in the NetPay account. The hold can base on certain factors, including, but not limited to, seller selling history, seller performance, risk factors, delivery factors, products or the filing of Lelong.my Buyer Protection Program (BPP). Please refer to NetPay's Term of Use.
Registration and Password
Your password is the key to your account. Use unique numbers or letters and do not disclose your Web Store password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and your Web Store account, and may be subject to legally binding actions taken on your behalf. You agree to immediately notify us if your password has been compromised for any reason or any unauthorized use or your registration, user account or password.
The Lelong.my Web Store Merchant is solely responsible for the content and everything else contained on their own site and listings Lelong.my Web Store Merchants may be held legally liable for the contents of their own site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner.
Lelong.my is not responsible for the delivery or the quality of any goods and product, or services sold or advertised through the Lelong.my Web Store member's site.
The content(s) (text,graphics and images) appearing on Lelong.my website may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of Lelong.my.
Because Lelong.my is a portal, in the event that you have a dispute with one or more users, you release Lelong.my (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. Lelong.my does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with/by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. 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 Web Store Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
I/We agree that:
I/We accept and understood the Terms and Conditions of Lelong.my.
I/We may receive communications from Lelong.my at any time.
All payment shall be made through NetPay Payment Services.
Lelong.my has the rights to restrict (block /suspend) Merchant's account if found to have violated any of the Terms and Conditions of Lelong.my.
* Last updated: 20th June 2016 (Web Store User Agreement will change from time to time. Please refer to the latest version which will be updated online.)