| Lelong
iPayment Terms of Use |
User Agreement for Lelong.com.my's iPayment Service This Agreement applies
to your use of Lelong.com.my's iPayment payment service and any related products
and services (collectively the "Service"). This Agreement affects your rights
and you should read it carefully. In this Agreement, "you" or "your" means any
person or entity using the Service ("Users"). Unless otherwise stated, "Lelong.com.my"
will refer collectively to iPayment, Lelong.com.my Corporation and their respective
parent or subsidiary companies, affiliates, officers, employees and agents.
By checking the consent box on the account signup page, you represent that you
understand and accept the terms and conditions of this Agreement. We may amend
this Agreement at any time by posting the amended terms to our site, and your
continued use of the Service will constitute acceptance of the amended terms.
I. User Responsibilities
- Eligibility - In order to use the Service, you must register as a
Lelong.com.my Verified
Member
. You agree
that you will register for and maintain no more than one Personal Account.
Lelong.com.my reserves the right to terminate duplicate accounts. You must
be at least 21 years of age to register for an account.
- No Multiple Accounts. Should you register for more than one Personal
Account, Lelong.com.my reserves the right to terminate all of your accounts
and will restrict you from the system going forward.
- Registration Information. You agree to provide true, accurate and
complete registration information and to maintain and promptly update your
information as applicable. You agree not to impersonate any person or use
a name that you are not authorized to use. If any information you provide
is untrue, inaccurate, not current, or incomplete, without limiting other
remedies, Lelong.com.my has the right to terminate your use of the Service
and Lelong.com.my, its agents, suppliers, and subcontractors have the right
to recover from you any costs or losses incurred as a direct or indirect result
of the inaccurate or incomplete information. You authorize Lelong.com.my and
its agents, suppliers and subcontractors to make any inquiries they consider
necessary to validate your registration.
- International Use. You must be a resident of Malaysia to use the
Service. Accepting international payment will be offered soon.
- Spending Limits. Each Lelong verified member will be limited to RM2000.00
of spending. These limits are subject to change.
- Minimum Transaction Size. The minimum transaction amount for any
payment between Users is RM10.00.
- No Cash Advances. You agree not to engage in behavior that could
reasonably be construed as providing yourself a cash advance from your credit
card, and agree not to assist users who engage in behavior that could reasonably
be construed as providing themselves a cash advance from their credit cards.
Such behavior includes, but is not limited to, a User paying someone by charging
a credit card, then receiving the funds back from the original Recipient and
attempting to withdraw the funds from an iPayment account. Lelong.com.my reserves
the right to reverse all such transactions and to terminate any accounts that
are associated with such behavior.
- Correct E-mail. You agree that you have access to the Internet and
to a current e-mail address. You have sole responsibility for providing Lelong.com.my
with a correct and operational e-mail address. Lelong.com.my will not be liable
for any undelivered e-mail communications or any costs you incur for maintaining
Internet access and an e-mail account. You must promptly notify Lelong.com.my
of any change in your e-mail or postal mailing address.
- Electronic Communications. To the fullest extent permitted by applicable
law, this Agreement and any other agreements, notices or other communications
regarding your account and/or your use of the Service ("Communications"),
may be provided to you electronically and you agree to receive Communications
in an electronic form. Electronic Communications may be posted on the pages
within the Lelong.com.my website and/or delivered to your e-mail address.
You will print a copy of any Communications and retain it for your records.
All Communications in either electronic or paper format will be considered
to be in "writing," and to have been received no later than five (5) business
days after posting or dissemination, whether or not you have received or retrieved
the Communication. Lelong.com.my reserves the right but assumes no obligation
to provide Communications in paper format. Your consent to receive Communications
electronically is valid until you revoke your consent by notifying Lelong.com.my
of your decision to do so, by sending an email message to support@lelong.com.my
or by telephoning customer sevice. If you revoke your consent to receive Communications
electronically, Lelong.com.my may terminate your right to use the Service.
- No Spam. You agree not to use unsolicited email, usenet, message
board postings, or similar methods of mass messaging (spam) to gather referral
bonuses. The use of spam to promote the Service has strict negative consequences.
We will immediately and permanently terminate the account of any User who
has used unsolicited email to gain referrals. In addition, you may be subject
to state or cyberlaw penalties and other legal consequences under applicable
law if you send unsolicited email. Our Anti-Spam Policy is intended to protect
our users, the Internet, and us.
- Privacy. Our Privacy Policy is posted here. You agree that you have
had an opportunity to review, download or print our Privacy Policy. You consent
to have your name, email address, date of sign-up, and whether you have verified
(or not verified) an account at another financial institution made available
as identification to anyone whom you have paid or who is attempting to pay
you through the iPayment service.
- Not a Bank. You acknowledge that (i) the Service is not a banking
service (ii) Service accounts are not insured by any government agency, (iii)
the Service is not subject to banking regulations and (iv) Lelong.com.my shall
there be any interest earned on those assets will be the property of Lelong.com.my
- Passwords. You may not divulge your account password(s) to anyone
else, nor may you use anyone else's password. Lelong.com.my is not responsible
for losses incurred by Users as the result of their misuse of passwords.
- Close Account. You may close your account at any time, provided all
applicable fees for services and account management have been paid in full.
Upon closure of an account, any monies remaining in the account, less any
applicable fees, will be automatically paid in full by month ends. You will
remain liable for all obligations related to the account even after such account
is closed.
- Hacking. If you use, or attempt to use the Service for other purposes
including but not limited to tampering, hacking, modifying or otherwise corrupting
the security or functionality of Service, your account will be terminated
and you will be subject to damages and other penalties, including criminal
prosecution where available.
- Assignability. You may not transfer any rights or obligations you
may have under this Agreement without the prior written consent of Lelong.com.my
. Lelong.com.my reserves the right to transfer any right or obligation under
this Agreement without your consent
- Indemnification. You agree to indemnify and hold Lelong.com.my ,
its affiliates, officers, directors and employees harmless from any claim,
action, demand, loss, or damages (including attorneys' fees) made or incurred
by any third party arising out of or relating to your use of the Service.
- Choice of Law. This Agreement is governed by the laws of Malaysia
as such laws are applied to agreements entered into and to be performed entirely
within Malayisia by Malaysia residents.
Rights & Disclaimers
- Processing - Lelong.com.my shall make reasonable efforts to ensure
that requests for electronic debits and credits involving bank accounts and
check issuances are processed in a timely manner. However, a number of factors,
several of which are outside of our control, will contribute to when the funds
are received. We make no representations or warranties regarding the amount
of time needed to complete processing, such as delays in the banking system
or the Malaysia mail service, nor shall we be liable for any actual or consequential
damages arising from any claim of delay.
Miscellaneous Disclaimers.
- Lelong.com.my reserves the right to hold funds beyond the normal distribution
periods for transactions it deems suspicious to ensure integrity of the funds.
- Lelong.com.my shall not be responsible for payments made to unintended
Recipients due to the input of incorrect information by Senders or for payments
made in incorrect amounts. Lelong.com.my shall not be responsible for the
verification of the identity of Users.
- Lelong.com.my shall not be responsible for any information lost due to
malfunction or loss of a handheld device or server.
- Lelong.com.my shall not be obligated to pay a User for any Payments for
which Lelong.com.my has not been fully paid by the Sender's credit card issuer.
- Lelong.com.my will not have any liability in connection with any unauthorized
interception or use of data relating to you or the iPayment service; any inability
to use or access the service or the Lelong.com.my iPayment website for any
reason; any actions or transactions by an individual that uses your user name
and password; or any cause over which Lelong.com.my does not have direct control,
including problems attributable to computer hardware or software (including
computer viruses), telephone or other communications, or Internet service
providers.
- In no event shall Lelong.com.my be liable (A) for damages caused other
than by intentional misconduct or (B) for any indirect, special, incidental,
consequential or punitive damages whatsoever (including, but not limited to,
damages for lost profits, disclosure of confidential information, or loss
of privacy), arising out of or in any way related to the use of or inability
to use business service or the Lelong.com.my iPayment website or any of the
associated services, even if Lelong.com.my has been advised of the possibility
of such damages. In no event shall Lelong.com.my be liable for any act or
omission of any third party (such as, for example, any provider of telecommunications
services, internet access or computer equipment or software) or any circumstances
beyond our control (such as, for example, a fire, flood, or other natural
disaster, war, riot, strike, act of civil or military authority, equipment
failure, computer virus, or failure or interruption of electrical, telecommunications
or other utility services).
- Termination. Lelong.com.my iPayment, in its sole discretion, reserves
the right to terminate this Agreement, access to its web site, or access to
Service without notice for any reason and at any time. Excessive disputes,
charge backs, refunds, complaints, and claims from other customers, or other
abuses of the Service are, without limitation, grounds for restricting your
account and/or terminating your right to use the Service.
- Contact and Refund Information. Each user of the iPayment Service
will be required to display its contact information into the upon receipt
of payment. You agree to clearly identify your contact information, including
but not limited to your business name, address, telephone number, fax number
and e-mail address. You further agree to update such information to keep it
true, accurate, current, and complete
- Trademarks. Lelong.com.my, iPayment and all related logos, products
and services described in this website are either trademarks or registered
trademarks of Lelong.com.my,s or their licensors, and (aside from "Use of
Logos" below) may not be copied, imitated or used, in whole or in part, without
the prior written permission of Lelong.com.my. In addition, all page headers,
custom graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of Lelong.com.my and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of Lelong.com.my.
Use of Logos. Notwithstanding the above, HTML logos provided by Lelong.com.my
through its Affiliate Program, or Auctions Tools features ("Logos"), may be
used without prior written consent for the purpose of directing web traffic
to the Service. These Logos may not be altered, modified, or changed in any
way, or used in a manner that is disparaging to Lelong.com.my or the iPayment
service. Logos may not be displayed in any manner that implies sponsorship
or endorsement by Lelong.com.my. Lelong.com.my is a payment service, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. III. Insurance Against
Unauthorized Access
- Taxes. Each user iPayment Service is required to determine what,
if any, taxes apply to the payments you make or receive and to collect, report
and remit the correct tax to the appropriate tax authority. Lelong.com.my
is not obligated to determine whether taxes apply, and is not responsible
to collect, report, or remit any taxes arising from any transaction.
- Account Use. By accepting the terms as outlined in this Agreement
and using your iPayment services, you attest that you hold all the necessary
licenses to engage in the advertising and sale of the goods and services offered
for sale or use through your iPayment Account, and that you do not provide
unlawful or illicit products or services. You will not use the Business Service,
the website or any of the services offered therein for any unlawful, fraudulent
or improper activity. If Lelong.com.my has reason to believe that you may
be engaging in or have engaged in fraudulent, unlawful, or improper activity,
including without limitation any violation of any terms and conditions relating
to the iPayment Service, the website or any related services, your access
to the website and any services contained therein may be suspended or terminated.
You will cooperate fully with Lelong.com.my to investigate any suspected unlawful,
fraudulent or improper activity.
- Fees. Lelong.com.my's current Fee Schedule for using the iPayment
Service is available upon request. Unless otherwise stated, all fees quoted
are in Ringgit Malaysia (RM). Users are responsible for paying all fees associated
with the use of their iPayment Accounts.
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