1.1 This Terms and Conditions agreement (hereinafter referred to collectively as the “T&C”) will explain the terms on which iBanding provides its services to you regarding all matters relating to the Website, Mobile Applications and Services.
1.3 This T&C shall be effective immediately upon your acknowledgment of it, and shall continue to be in effect unless terminated by either Party in accordance with this T&C.
1.4 iBanding and its sub-domains (hereinafter collectively referred to as the “Sites”) is managed by iBanding (hereinafter referred to as the “Company”).
2.1 It is advised that All users of the sites or its business partners and business networks are requested to read thorough the Terms and Conditions carefully before using or accessing the site/sites.
2.4 It is to note that these Terms and Conditions govern your use of the website, mobile applications and the services provided, all orders and purchases made through only on our website, mobile applications and your relationship with us.
2.5 This does not apply to any third party websites you may access through, or directly on our sites. Your rights in relation to those third parties will be governed entirely by the privacy statements and/or terms and conditions of those third party websites.
2.7 You are advised to visit this page regularly to check on the changes and amendments of the T&C applicable to you. Your use and/or access to the Site and the Services (as defined below) will be terminated upon receipt of your notice to the Company that any revision to the T&C is unacceptable.
3.1 Rules of Registration
3.1.1 In order to use our Services, you must register on the Website or mobile applications as a natural person above 18 years old and residing or domiciled in Malaysia. If you are under 18, you should ensure that you obtain the consent of your parents or legal guardian before using our services and/or products.
If you are a firm, corporation or entity supplying personal data of your partners, directors, shareholders, employees, officers and/or other persons to us, please do ensure that you have obtained their consent and bring this T&C agreement to their attention.
3.2 Using the Site
3.2.1 The Site has been provided as an online platform for you, whether as an individual, a partnership, a company or an organization, who register or not-register with the Site (collectively referred to as the “Users” and each a “User”) to:-
3.2.2 post listings, messages and services or products which you wish to advertise or offer to other Users, whether in the form of text, graphics, audio, video or otherwise (hereinafter referred to as “Materials”),
3.2.3 view other Users’ Materials,
3.2.4 buy other Users’ Materials,
and all other services which the Company may provide from time to time (collectively, the “Services”).
3.3 After posting as a not-register User, you can start to submit information such as reviews and ratings of business, products or services.
3.4 After register as a Registered User, you can start to list your business, products or services.
4.1 You undertake that:-
4.1.1 Password and Security: you will not violate or to attempt to violate the security of the Site including, without limitation, by accessing data not intended for you or logging into a server or account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with the provision of Services to any User, host or network or sending unsolicited e-mail. You acknowledge that any violation of system or network security may result in civil or criminal liability and you understand that the Company shall not hesitate to take all necessary steps to enforce its rights against you in its sole discretion;
4.1.2 you will not use the Site to post, transmit, distribute or store material in violation of any applicable law or regulation, including without limitation any material that will infringe the rights including without limitation proprietary rights of other persons or entities, regardless of whether such persons or entities are Users;
4.1.3 you will not print, download, duplicate, reproduce or otherwise copy, or adapt or modify any personally identifiable information about other Users as obtained from the Site;
4.1.4 you will not use the Site to post, transmit, distribute or store Material that is false, inaccurate, misleading or libelous;
4.1.5 you will not post, transmit, distribute or store Material that contain viruses, bugs, worms, time bombs, Trojan horses, trap doors or anything which may affect the Site in any way whatsoever;
4.1.6 you will not collude with or against another person or entity in restraint of trade or competition, regardless of whether such person or entity is a User;
4.1.7 you will not do anything to affect the Company’s standing and goodwill with its partners including without limitation its service providers.
4.2 you shall not use the Site if you have not reached the age of majority in your jurisdiction and/or if you do not have legal capacity to enter into legally binding contracts.
4.3 you warrant that all information provided that you have submitted at the Site are true, accurate, current, and complete and that you will update such information to keep it true, accurate, current and complete. Any information provided which is untrue, inaccurate, not current and/or incomplete shall be rectified immediately upon discovery failing which the Company shall have the right to suspend or terminate your rights hereinunder.
4.4 if you have registered as a User on behalf of a partnership, a company or an organisation, you warrant that you have the authority to agree to accept the T&C on its behalf and that you shall cease use of this Site when you no longer have such authority, or if the partnership, company or organisation is no longer live and/or ceases to exist and notify the Company of the same.
4.5 you may not send unsolicited communications, whether in bulk or otherwise, to any other User or non-User, whether via the Site or otherwise.
4.6 you are solely responsible for keeping your user identification and password confidential and for all activities that occur under your user identification and password.
4.7 if you are an individual, you agree not to pose your social security number, NRIC, your identity card number, or passport number on the Site. If you do so, you do it at your own risk.
4.8 you acknowledge that you will comply with all applicable laws and regulations which may apply to you in your jurisdiction.
By posting Materials on the Site, you hereby agree to grant to the Company a non-exclusive, worldwide, irrevocable, royalty-free licence to the unconditional use, reproduction, modification and/or adaptation of the Materials whether in whole or in part.
6.1 All rights in and to the text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Site belong to the Company or are used by the Company with permission.
6.2 These materials may be protected by applicable laws and regulations and you agree not to use, reproduce, modify and/or adapt such materials in anyway whatsoever without the express written permission of the Company.
6.3 Permission will be granted to you to download, print or use the Content, and to create links to the Content for personal, non-commercial purposes, provided that you do not modify the Content and that you do not attempt to revise, remove, or appropriate all copyright and other proprietary notices contained in the Content.
7.1 You acknowledge that the Company does not have control over the Materials posted by Users and is under no obligation to screen or monitor any Materials. You agree and acknowledge that the Company does not take any responsibility whatsoever for the truthfulness, accuracy or reliability of the Materials or the merchantability or fitness for particular purpose of the services and products.
7.2 You agree and acknowledge that the Company may, at its sole option, screen and/or monitor Materials posted on the Site and the Company shall have the right to, without assigning any reason whatsoever, modify the Materials or remove such Materials permanently or until such time as you have modified it to the satisfaction of the Company in its sole discretion.
7.3 You acknowledge that the Company has no control over the Users and their actions or inactions, and the Company does not warrant that the Materials will be viewed by any specific number of persons or that it will be viewed by any specific persons or class of persons.
7.4 The Company is not responsible for any improper use of the Materials you post on the Site. You agree and acknowledge that you are solely responsible for the Materials you post.
7.5 The Company is not a party of nor is it involved in any actual transaction between you and other Users.
7.6 The Company shall have the right to limit your use and/or access to the Site and to the Services, including the period of time that Materials are posted on the Site, the amount of Materials posted, the size of the contents of the Materials, email messages or any other contents. You acknowledge that the Company shall not be held liable to you or any party for any modification, suspension or discontinuance of the Services and/or Site.
8.1 The Site may contain links to Linked Sites which have been provided solely for your convenience and is not in any way a recommendation or endorsement by the Company of such Linked Sites and the contents therein and you acknowledge that the Company has no control over such Linked Sites.
8.2 We assume no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing such websites, mobile applications or content or any actions taken in reliance thereon, and we disclaim liability for any and all forms of loss or damage arising out of the use of those websites, mobile applications and their content.
8.3 Under no circumstances shall it be construed that, in case of your access to and use of the Third Party Systems, iBanding is a party to any transaction, if any, between you and such third party.
8.4 You acknowledge and agree that you will be solely responsible for any access to or any use of Third Party Systems through the Website, Mobile Applications or Services. If you access or use any Third Party Systems through the Website, Mobile Applications or Services, you must comply with the relevant terms and conditions of the access or use of such Third Party Systems, and be responsible for the registration and use of any user names or passwords required to connect to any Third Party Systems.
9.1 The Company does not warrant that the Site will operate error-free or that it is free of viruses or other harmful codes or programmes. The Company shall not be responsible for any equipment or data that is damaged or lost pursuant to your use and/or access of the Site or Linked Sites.
9.2 The Site is provided on an “AS IS” basis without any warranties of any kind and the Company disclaims all warranties, guarantees of any kind including the accuracy, reliability, completeness or timeliness of the Site and the Materials to the fullest extent permitted by law and any reliance thereon by you shall be at your sole risk.
9.3 You agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, actions, demands, losses or damages arising from your use, inability to use, access and/or inability to access the Site, the Services, the Materials and Linked Sites, whether directly or indirectly.
10.2 In the event of your breach of any obligations hereinunder or for violating any applicable laws or regulations, the Company reserves the right to remove any Materials posted on the Site, and/or suspend or terminate your rights to the use and/or access of the Site or part thereof in the Company’s sole discretion without any notice, compensation or recourse to you.
10.3 Neither Party shall be liable for any damages resulting from the termination of this T&C, provided, however, the termination of this T&C shall not affect any claim arising prior to such termination.
10.4 Each Party shall be responsible for its own expenses relating to any such termination.
10.5 The termination of this T&C shall not affect the term, validity or enforceability of any separate agreement between both Parties in effect as of the date of termination of this T&C, including any other IBanding agreement entered into by you. All obligations under this T&C of a continuing nature shall survive termination.
11.1 Any failure or delay by the Company to enforce any clause, right, power or privilege of this T&C or any forbearance, delay or indulgence granted by the Company in favour of you shall not be construed as a waiver by the Company of its rights hereinunder.
11.2 A single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.
This T&C shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in herein.
The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of Malaysia. Both users and the Company shall submit to the exclusive jurisdiction of the courts of Malaysia.
14.1 All disputes, controversies or differences arising from, out of or in relation to the clauses in this T&C shall be finally settled by arbitration in Malaysia before a single arbitrator in accordance with the rules of the Kuala Lumpur Regional Centre for Arbitration that may be in force from time to time.
14.2 The decision of the arbitrator shall be final and binding. The language of the arbitration shall be proceedings are conducted in English.
14.3 For the avoidance of doubt, nothing herein shall prevent the Company from commencing proceedings for the purposes of obtaining an injunction against you in the event that you fail to comply with any provisions of this T&C, and you hereby expressly consent to the same, and agrees to not raise objections to the application for such injunction by the Company.
A person or entity who is not a party to this T&C shall have no right under the Contracts (Rights of Third Parties) Act or any equivalent statute under any other relevant laws to enforce any term of this T&C, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or successor-in-title of this T&C.
You understand that any violation of the T&C herein may lead to serious consequences and that you will report any incidents of violation to us.
iBanding reserve and may execute its discretion right to remove or delete any listing which it feel the listing has violating the T&C or public law in Malaysia without giving any prior notice and reason and the company’s decision is final. iBanding disclaims any responsibility on such listing and no refund of payment will be made under such circumtances.
iBanding reserve and may execute its discretion right to remove or delete user account which it feel is violating the T&C or public law in Malaysia without giving any prior notice and reason and the company’s decision is final. iBanding disclaims any responsibility on such user accounts and no refund of payment will be made under such circumtances.
18.1 Save as provided for in this T&C, iBanding undertakes, in the course of providing the Services, not to use, divulge or allow to be used or divulged to anyone, any confidential and privileged information belonging to you.
18.2 Notwithstanding the above, iBanding cannot guarantee the confidentiality of such data, as it may be lost during transmission, or changed, or accessed by unauthorized third parties.
19.1 You agree to be solely responsible for your operations in acting under this T&C, including, without limitation, the legality of your operations and materials created and used in connection with this T&C.
19.2 Neither iBanding nor any Indemnified Person shall be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, for
(i) any loss of profit, business or revenue
(ii) any costs or expenses, or any special, indirect or consequential damages of any nature whatsoever, suffered or incurred by you as a result of or in connection with the provision of the Services, except to the extent that the final judgment of a court of competent jurisdiction holds it to have resulted directly and solely from the willful default or gross negligence of the relevant Indemnified Person in performing its Services.
iBanding may, at any time, without prior notice, provide updates to the Website or Mobile Applications for the purposes of technical repair, software maintenance, or to improve its Services as a whole. This may result in a temporary disruption and/or denied access to the Website or Mobile Applications, which iBanding will not be liable for.
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