MMM test 4

MobileMegaMall.com TERMS OF USE

Welcome to MobileMegaMall.com, an online shopping portal that allows buyers and sellers to reach each other and trade and/or transact online via Web and WAP (“the Services’). The Services offered herein are operated by MAXOOM SDN. BHD.  (hereinafter referred to as “MAXOOM SDN. BHD. ” and/or “we”) and are provided by or through any website or co-branded website owned and controlled by MAXOON SDN. BHD.. IF YOU ( hereinafter interchangly referred to as the User)  DO NOT AGREE TO THE BELOW TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SERVICES.

TERMS OF USE

Your usage and subscription of the Services are subject to the following terms and conditions.

1. THE SERVICES

The Services offered to you are conditional upon your acceptance without modification to this Terms of Use. You acknowledge that, from time to time, it may be necessary for MAXOOM SDN. BHD.  to update or revise certain provisions of this Terms of Use. By signing up for the Services and by ticking the acceptance checkbox for the Terms of Use, you hereby accept and agree to the Terms of Use herein contained and you further agree that we may, at our sole discretion, change, modify, add, or delete portions of this Terms of Use without specific notice to you. If we do this, we will post the changes to this Terms of Use on this page and will indicate at the bottom of this page the Terms of Use’s effective date. It is your responsibility to regularly review this Terms of Use.

If you do not agree to the changes made by MAXOOM SDN. BHD., or to any terms in this Terms of Use, your sole and exclusive remedy is to cancel your MobileMegaMall.com account.

2. ELIGIBILITY

By using the Services or by accessing and/or subscribing to MobileMegaMall.com (“Site”), you represent and warrant that you are 18 years old or older. If you are under 18 years old, then you warrant that you have the permission of your parent or guardian to use, access and/or subscribe to MobileMegaMall.com. By using the Services or the Site, you also represent and warrant that you have the right, authority, and capacity and have obtained parental consent to enter into this Terms of Use and that you agree to abide by all of the terms and conditions of this Terms of Use.

3. TERM

This Terms of Use will remain in full force and effect at all times you use the Services and/or remain a member. You may terminate your membership at any time and for any reason by contacting us

We reserve our rights to terminate your membership for any reason whatsoever, at any time, without prior notification to you. If you are using a paid version of the Services, and we terminate your membership in the Services because you have breached any terms and conditions of this Terms of Use, you will not be entitled to any refund of any monies previously paid, including but not limited to the unutilised portion of the subscription fees, etc. Even after your membership has been terminated for any reason whatsoever, certain clauses of this Terms of Use will remain in effect. See clause 19 below for a list of the provisions of this Terms of Use that will survive the termination of your membership.

4. REGISTRATION

In consideration for using the Services, you agree to:

    * provide true, accurate, current and complete information about yourself (“Registration Information”) when prompted by our registration form and refrain from impersonating or falsely representing your affiliation with any person or entity.

    *  maintain and update the Registration Information to keep it true, accurate and current.

    * maintain a valid and active mobile number and email address at all times and promptly notify us by updating your Registration Information of any change to your mobile number or email address from time to time via the “Update Profile” page.

    * be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by other third party users given access to such account or password and be liable for any and all consequences of use or misuse of such account and password.

If you fail to log in to your account for a continuous and consecutive period of ninety (90) days or more, we reserve the right to suspend your account indefinitely or to terminate your account without further notice. You agree that we shall not be liable to you or any third-party for any financial or other loss which arise from our suspension and/or termination of your account in the manner aforementioned. If you are using a paid version of the Services, and we terminate your membership in the Services in accordance to the aforementioned, you will not be entitled to any refund of any monies previously paid, including but not limited to unutilised portion of the subscription fees, etc.

5. SHOP REGISTRATION
Regardless of Free Shop & Premium Shop

i). Shop Deposit Free – In order to enjoy ZERO shop deposit, you are limited to use the Safe Trade payment method ONLY.

ii). Shop Deposit (RM2000 one time charge) – You can opt to choose either your own banking details or Safe Trade payment method or both together. Please noted that the Safe Trade payment method is activated automatically. Please contact us if you wish to deactivate the Safe Trade payment method.

In addition, you agreed to the following:

    * Shop Deposit of RM2000 (one time charge) shall only be refunded if the seller apply for shop termination. Please email us for shop termination application.

    * Shop Deposit should be refunded in 7 to 10 working days after the termination processes completed date and subjected to shop’s record clearance (explained in the following term).

    * We reserve the rights to hold or deduct the Shop Deposit if the seller having unresolved bad record or breach our Company rules as follow but not limited to it. The amount of deduction will be determined by the Company which the maximum deduction shall be RM2000.

       a). Did not deliver the item(s) to the buyer.
       b). Did not resolved the customer cases such as warranty, item unmatched & etc.
       c). Failure to response to company within 1 month if make contacted.

    * By paying the shop deposit, you are agreed to the Company rules, regulations and T&Cs which allowed the Company to hold your Shop Deposit with unlimited time.

Verification:

    * We require the photos & documents for shop verification purposes but not limited to it as follow.

     For personal account:-

     a). A clear photo of the IC taken along with the IC owner. The photo must showing clear face and IC details.
    b). At least two photocopies of the latest utilities bills (within 3 months of application / requested date). The name showing in the bills must be same with the applicant or the address same with the applicant. 

     For company account:-

     c). A clear photocopy of the company owner’s IC if possible. Not mandatory but application will subject to our approval.
     d). A clear photocopy of valid SSM certificate.
    e). At least two photocopies of the latest utilities bills (within 3 months of application / requested date). The company name showing in the bills must be same with the SSM cert.

6. USER CONDUCT

You understand that the Services is available and limited for your personal and commercial use only. Purchasing is at your own risk. You are allowed to make commercial transaction of the Classified items via this portal once our payment transaction facility is made available. At this stage, all purchasing are done outside the portal and between the seller and the buyer themselves. We are not responsible for any damages suffered by you in relation to the Classified feature or the purchasing made on the items displayed under Classified feature.

You represent, warrant and agree that no materials of any kind whatsoever submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You also understand that you have to comply with all the provision of the laws of Malaysia in using the Services including but not limited to Communications and Multimedia Act 1998.

Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "MobileMegaMall.com Content") for the purpose of re-selling or re-distributing the MobileMegaMall.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with MobileMegaMall.com, or otherwise commercially exploiting the MobileMegaMall.com Content. Systematic retrieval of MobileMegaMall.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MAXOOM SDN. BHD. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Terms of Use is prohibited.

In addition, you agree not to use the Services and/ or the Site to:

    * harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails and/or unsolicited text messages or other unsolicited communications;

    * use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

    * use automated scripts to collect information from or otherwise interact with the Services;

    * upload, post, transmit, share, store or otherwise make available any content that is or may be deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

    * upload, post, transmit, share, store or otherwise make available any videos unrelated to the classifieds item advertised;

    * register for a user account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

    *  impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

    * upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    * upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;

    * solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;

    * upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    * intimidate or harass another;

    * upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

    * use or attempt to use another's account, the Services or system without prior authorization from MAXOOM SDN. BHD., or create a false identity;

    *  upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type

MobileMegaMall.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such third party’s sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that we  have no control over such third party’s web site, do not monitor such sites, and we  shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

7. REGISTERED USERS

Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of MobileMegaMall.com (a "Registered User"). MobileMegaMall.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.

If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to MobileMegaMall.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without obtaining our prior written consent. We may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

Notwithstanding Section 4 above, we may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

8. POSTING AND SELLING

You must be legally able to sell the item(s) you post for sale on the Site. You must describe your item and all terms of sale on the posting page of the Site. Your postings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All posted items must be listed in an appropriate category

In your postings, you may not link to or include advertising for goods or services which:

    * describes an item that you are not trying to sell on MobileMegaMall.com;

    * you do not have a right to link to or include.

We reserve the right to remove a User’s posting if found that:

    * Seller's registration details and contact information is in-valid, not contactable, or misleading. Seller has been suspended from trading for any other reason which against our guideline, rules and regulations.

You may not post/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, alcohol beverage or items of a pornographic nature. 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. We reserve the right to remove any items that we deem, according to our own discretion.

9. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS

Through the Site, we provide an electronic web-based platform for exchanging information between buyers and suppliers of products and services. We or MobileMegaMall.com does not represent the seller nor the buyer in specific transactions. As a result, MobileMegaMall.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

We charge an Admin fee to seller for every transaction which is using MobileMegaMall.com Credit Card (via iPay88) payment and Offline Banking payment gateways which also called SAFE TRADE. MobileMegaMall.com uses several techniques to verify the accuracy of every transaction via iPay88 payment gateway. Seller is advised to contact the Mall administrators for every iPay88 transactions before ship the item. MobileMegaMall.com reserve the rights to reverse or stop the payment to seller if there is a charge back by providing a detail charge back report from iPay88. Please refer to "Safe Trade - MobileMegaMall.com Credit Card Payment (iPay88) and Offline Banking Payment Gateway" for more details. Please be advice that you are obligate to agree the stated terms and conditions as well if you agreed herein after.

Admin Fees - Merchant Charges for every transaction:

• RM0 for transaction with amount less than RM10.

• RM2 for transaction with amount from RM10 to RM499.

• RM5 for transaction with amount from RM499 to RM999.

• RM10 for transaction with amount above RM1000.

We shall surcharge buyer 3.5% of total selling prices who is using MobileMegaMall.com Credit Card (via iPay88) payment gateway. We shall surcharge buyer 1% of total selling prices who is using MobileMegaMall.com Offline Banking payment gateway. We will automatically initiated the Safe Trade if the buyer is paying via either MobileMegaMall.com Credit Card (iPay88) Payment or MobileMegaMall.com Offline Banking payment gateways. Please refer to "Safe Trade / Payment Options" for more details. Please be advice that you are obligate to agree the stated terms and conditions as well if you agreed herein after.

We do not charge seller who is using COD, Manual Bank Transfer and Paypal payment method. However, We may reserve the right to charge for shop listing. A Fees Table will be put up once our Services are available. We may change our Fees and Credits Policy and the fees for our services from time to time. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free shop listing for 2 years) 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 services at any time.

Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. MobileMegaMall.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MobileMegaMall.com cannot and does not confirm each User’s purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

Each User acknowledges that he/ she will fully bear the risks of purchase and sale transactions when using the Site to conduct transactions, and that he/ she will fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.".Each User agrees that MAXOOM SDN. BHD., its business partners and/ or MobileMegaMall.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify MAXOOM SDN. BHD., its business partners and/ or MobileMegaMall.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

10. MOBILE SERVICES

The Services includes certain services that are available via your mobile phone, including, but is not limited to:

    * the ability to receive and reply to text messages,

    * the ability to browse the Site from your mobile phone (Mobile WAP/Web), and

    * the ability to access certain MobileMegaMall.com features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services")

11. TRADEMARKS

MAXOOM SDN. BHD., MobileMegaMall.com, and other Company graphics, logos, designs, page headers, button icons, scripts and Services names are registered trademarks, trademarks  of MAXOOM SDN. BHD. in Malaysia. The trademarks of the third party as contained in the Site are registered trademarks of that such third party and are protected. Our trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or Services in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission from us.

12. AVAILABILITY OF SERVICES

While we make reasonable efforts to ensure that the Services is available at all times, we do not guarantee, represent or warrant that the Services will be uninterrupted or error-free, and we do not guarantee that users will be able to access or use all of the features of the Services all the time. We also do not guarantee or warrant that the content that you may have stored with your account will not be subjected to inadvertent damage, corruption or destruction. You are responsible for backing up images and other content. If any data, messages, images, videos, audio clips or any other content in your account and/or which is stored on the Services is lost or corrupted in any way, we will have no obligation or liability to you.

13. CONTENT POSTED BY YOU TO THE SERVICES

Copyright Protection Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the portal in a way that constitutes copyright infringement, please contact us.

14. USER RESPONSIBILITY FOR CONTENT

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Services that you did not create or that you do not have permission to post. You understand and agree that we may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content that in our sole discretion, for any reason or no reason, including without limitation, User Content that in our sole judgment (a) violates this Terms of Use, (b) might be offensive or illegal, (c) might violate the rights of, harm, or threaten the safety of any other member, (d) poses a potential risk to other members or the community at large or (e) may cause public nuisance, etc. without any prior notice. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. By posting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. However, you acknowledge that we may retain archived copies of your User Content.

15. PROHIBITED CONTENT

Below is a partial and non exhaustive list of the content that is illegal or prohibited on the portal. Posting of any of this content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action we deem fit, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offensive content from the portal and reporting such violators to the appropriate legal authorities.

Prohibited content includes, but is not limited to, content which, in our sole judgment:

    * is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    * is against laws of Malaysia which governs the Services;

    * harasses or advocates harassment of another person;

    * involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;

    * includes any information that (a) you know is false or misleading, (b) promotes illegal activities or conduct that is abusive, or (c) is threatening, obscene, defamatory, or libellous;

    * constitutes or includes any illegal or unauthorized copy of another person's copyright, including, but not limited to, (a) pirated computer programs or links to them, (b) information which circumvents manufacturer-installed copy-protect devices, (c) pirated music or links to pirated music files;

    * displays pornographic or sexually explicit material of any kind;

    * includes material that exploits people, including but not limited to persons under the age of 18 in a sexual or violent manner, or is intended to solicit personal information;

    * provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    * solicits passwords or personally identifying information for commercial or unlawful purposes from other members;

    * constitutes or includes any other commercial activity such as contests, sweepstakes, , or pyramid schemes; or

    * solicits people you don't know to add you or accept you as a friend on the Services.

Even though all of the above content is strictly prohibited, there is a small chance that you might become exposed to such items while using the portal or the Services. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers or corporate or business partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Clause 16 below for further limitations on our liability.

16. FURTHER RESTRICTIONS ON YOUR USE OF THE PORTAL AND THE SERVICES

You must use the portal and the Services in a manner consistent with any and all applicable laws and regulations.

It is a violation of this Terms of Use to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without the prior explicit consent of such member and MAXOOM SDN. BHD..

17.  MEMBER DISPUTES

You are solely responsible for your interactions with other members. We reserve the right, although we have no obligation, to monitor disputes between you and other members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Terms of Use, including the termination of the membership of one or more members.

18. PROPRIETARY RIGHTS IN CONTENT

RIGHTS IN CONTENT POSTED BY MOBILEMEGAMALL.COM OR OTHER MEMBERS

We own and retain all proprietary rights in the portal and the Services. The portal contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of MobileMegaMall.com, our members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.

19. RIGHTS IN CONTENT POSTED BY YOU

We claim no intellectual property rights over the material or any User Content you provide to the Services. However, by setting your pages and/or User Content to be shared with other members of the Services, you irrevocably agree to allow them to view, download and/or share your User Content and waive your legal and/or beneficial rights attached to the User Content. You shall be responsible for the content uploaded to the MobileMegaMall.com’ website and you hereby undertake you have all the necessary rights and consent to all your content and you shall not infringe other third party’s Intellectual Property Rights.

20. DISCLAIMERS

We are not responsible for any incorrect or inaccurate content posted on the portal or in connection with the Services whether caused by users of the portal, members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the portal or the Services.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE PORTAL. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, DIRECTLY OR INDIRECTLY RESULTING FROM ANYONE'S USE OF THE PORTAL OR THE SERVICES, ANY CONTENT POSTED ON THE PORTAL OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE PORTAL, WHETHER ONLINE OR OFFLINE.

We shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any portal or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the portal, any member, or any other person related to or resulting from use of the portal, viewing, playing, purchasing or downloading any materials on or from the portal, or otherwise in any way in connection with the Services.

21. LIMITATIONS ON LIABILITY

You agree and expressly understand that:

    * your use of the Services is at your sole risk. We and our partners (if any) provide the Services, including all content, software, functions, materials and information made available on or accessed through the Services, “as is” and without any warranty or condition of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement;

    * We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; and (c) the quality of any products, Services, information or other material purchased or obtained by you through the Services will meet your expectations;

    * any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

    * in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the portal or the Services, even if we have been advised of the possibility of such damages.

    * No advice or information, whether oral or written, obtained by you from us, or from or through the Services shall create any warranty not expressly stated herein.

22. INDEMNITY

You agree to indemnify, keep indemnified and hold MAXOOM SDN. BHD., its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, demand or damages including reasonable attorneys fees, arising out of or relating to:

    * your use of the portal or the Services (including the posting by you of any content on the portal) in violation of this Terms of Use;

    * any other breach of this Terms of Use by you;

    * any breach and/or misrepresentation of your representations and warranties set forth above; or

    * claim by a third party against us and/or our business partner alleging that the User Content infringes any intellectual property rights

You agree to indemnify and hold MAXOOM SDN. BHD., and our subsidiaries, affiliates, officers, agents, co-branders or other partners (including any person or entity with which we have Services and/or other contractual relationship, whether such relationship is evidenced in writing or otherwise), and employees and/or servants, harmless from any claim or demand and claims (including legal fees), made by any third party due to or arising out of your User Content, your use of these Services, your connection to these Services, your violation of this Terms of Use, or your violation of any rights of another user and/or third party. You agree to pay any legal fees incurred by MAXOOM SDN. BHD. due to or arising out of your User Content, your use of these Services, your connection to these Services, your violation of this Terms of Use, or your violation of any rights of another user and/or third party.

23. CHANGE OF OWNERSHIP

You expressly agree that notwithstanding any provisions herein contained, we may and have the full rights to, at anytime, at our sole and absolute discretion, transfer, sell, dispose, assign and/or novate all of our rights, entitlements, benefits and/or obligations herein contained (as the case may be) in connection with or pertaining to the Services and/or the MobileMegaMall.com portal (or any part thereof) to any third party, without first giving you notice thereof or obtaining your prior consent for the same. You further acknowledge and agree that following the completion of such sale, disposal, assignment and/or novation (as the case may be), the terms of use of the Services and/or the MobileMegaMall.com portal as imposed by such third party acquirer may not necessarily conform with (and in fact may be materially different in nature from) the Terms of Use herein contained and you hereby acknowledge that we shall not in such event be liable to you in any manner whatsoever.

24. SURVIVAL

Although this Terms of Use may be terminated by you or us at any time and for any reason, the terms of the following clauses of this Terms of Use will survive any such termination, and you and we will continue to be bound by such terms indefinitely: clause 3 (Term), clause 13 (Member Disputes), clause 14 (Proprietary Rights in Content), clause 15 (Disclaimers), clause 16 (Limitations on Liability), clause 17 (Indemnity), clause 19 (Survival), clause 20 (Law and Jurisdiction) and clause 21 (Other).

25. LAW AND JURISDICTION

This Terms of Use and the provision of the Services by us are governed by and shall be interpreted in accordance with Malaysian Law. In the event of any dispute arising in relation to this Terms of Use or in relation to the provision of the Services by us, the Malaysian Courts will have exclusive jurisdiction over such dispute.

26. RETURN OF CHANGE (BALANCE OF PAYMENT)

We reserve the right not to return the change in normal circumstances (The balance of money returned when an amount given is more than what is due). Under adnormal circumstances, we shall charge RM10 processing fees per transaction for the balance returned.

27. OTHER

You will be deemed to have accepted the terms of this Terms of Use upon use of the portal or by becoming a member or by subscribing to the Services and by ticking the acceptance box herein. This Terms of Use, together with our Privacy Policy and any notices regarding the portal or the Services sent to you or posted on the portal, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the portal or the Services. Our failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use is held invalid or unlawful, the remainder of this Terms of Use shall continue in full force and effect. The clause titles in this Terms of Use are for convenience only and have no legal or contractual effect.

We encourage you to periodically review our Privacy Policy and this Terms of Use to be informed of changes or revisions to the terms and conditions of use.

If you have any questions or concerns regarding this Terms of Use, please contact us at:

MAXOOM SDN. BHD.

Email: [email protected]