The terms and conditions set out below govern the use of the Tradelink Dotcom Trading SSM 202003311898 (SA0555280-T) (‘the Company’) services offered and available on the Buynears.com website, all official Android / iOS applications and all sub-websites related (‘Site’). Consumers are advised to read it carefully as it affects the rights and liabilities of Consumers under the law.
By using the Website, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (the ‘Agreement’), as well as the terms and conditions attached to the reference and / or implications thereof.
The Company may change the terms and conditions from time to time. Users will be notified of any changes through an announcement on the Website.
If the User continues to use the Website and / or the services provided by the Company on the Website (‘Services’) after the effective date of any amendment, the User will be deemed to have agreed to be bound by the changes to the terms and conditions. If the User does not agree to such amendments, the User will not continue to use the Website and / or the Services.
The services here are offered by Tradelink Dotcom Trading Company SSM 202003311898 (SA0555280-T) which has its registered office at 22a jalan batu muda tambahan, 51100 Kuala Lumpur, Wilayah Persekutuan, Malaysia.
USERS
Users must be Individuals or Corporate Entities as defined below, and include any person browsing and / or viewing the Site, as well as any person posting advertisements and listings of any items for sale on the Website.
‘Individuals’-The Services are only available to individuals who are able to enter into a legally binding agreement under Malaysian law. ‘Individual’ includes a parent or guardian of a child or ward who is under the age of 18 and who accesses the Website and uses the Services, where the User agrees to be a parent / guardian, both in the User’s personal capacity and on behalf of the child / the User’s ward, to be bound by the terms of this Agreement and be responsible for the actions and negligence of the User’s child or ward while accessing the Website and / or using the Services, and the User also agrees to ensure that the User’s child or ward complies with the terms of this Agreement .
‘Corporate Entities’ – Services available to companies and / or business entities. Any person using the Services on behalf of such corporate entity expresses that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
USER RESPONSIBILITY
Users are personally responsible for the use of the Site and / or its Services.
Users use the Website and / or Services at their own risk.
Users will use the Services in accordance with the terms and conditions of this Agreement and any laws currently in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).
Users may not list and / or advertise on the Site and / or advertise for sale on the Site any item that a) infringes the intellectual property rights of any third party including copyrights, patents, trademarks, trade names, designs, confidentiality trade, confidential information, knowledge, goodwill, privacy or publicity rights or other proprietary rights or publicity rights or privacy of any third party;
(b) otherwise causes lawfully recognized harm including but not limited to products containing defamatory statements; or
(c) violate or violate the law based on applicable laws, regulations, rules or regulations. Users may not provide and / or cause the information provided:
(b) involves the sale of counterfeit or stolen goods, or other acts of fraud;
(c) infringes on intellectual property rights including copyrights, patents, trademarks, trade names, designs, trade secrets, confidential information, knowledge, goodwill, privacy rights or other third party publicity;
(d) violate or violate the law;
(e)is slander;
(f) contains pornographic or obscene material.
(g)contains any computer viruses and / or other computer programming routines that could damage, adversely interfere with, surreptitiously intercept or use any system, data or personal information;
(h) creating liability for the Company or causing the Company to lose, in whole or in part, the services of its Internet Service Provider or other providers;
(i) introduce, disseminate or intend to introduce and / or disseminate content or propaganda of a religious, cultural or racist nature; or
(j) other prohibited content as provided under the Content Code.
The “information” mentioned above includes but is not limited to information provided by the User to the Company or to other Users in any public messaging area (such as community forums, photo areas and feedback areas) or via email.
The Company reserves the right to remove any item deemed to violate the above, at its absolute discretion.
The Company also reserves the right to remove content from the Website in accordance with the complaints procedure contained in Section 5, Paragraph 10.2 of the Content Code. Users can get more information about the Content Code from the following links: http://cmcf.my/
Consumers must comply with the Company Rules of Advertising.
Users are solely responsible for the accuracy of such Information.
INTELLECTUAL PROPERTY
Copyright
All content, organization, layout, text, documents, databases, graphics, designs, compilations, photographs, photographs, photographs, videos, sound recordings and other materials relating to the Site (“Content”) are protected works under Malaysian Copyright Act 1987.
Subject to the exceptions set forth in this Agreement, the User is strictly prohibited from performing any of the following actions without the prior written consent of the Company: –
No portion of the Content may be reproduced in any form or incorporated into an information retrieval system, electronic or mechanical, for reproduction, distribution, assignment, sub license, sale, and provision of derivative works or other uses other than for User’s personal use only. . The User further agrees that he or she will not infringe the Company’s copyrights by any method or manner that is now known or that may exist in the future.
User hereby agrees to assign to the Company all rights and interests relating to copyright in listings and advertisements posted on the Site, including but not limited to text, graphics, drawings, layouts and illustrations (‘Assigned Works’) .
The User hereby warrants that he is the owner of the copyright in the Assigned Work and any marks published by the User on the Website and will indemnify the Company from any claims by any third party arising from the ownership of the Assigned Work or marks.
All images used in any listings and advertisements and posted on the Website will be backed with the Company’s watermark (“Watermark”). Watermarks may not be removed, altered or altered at any time.
The Company takes intellectual property rights infringement seriously and will not hesitate to take action including initiating legal proceedings against any person for such infringement. The company aggressively enforces its intellectual property rights to the fullest extent of the law.
Domain name
The domain name on which the Website is hosted is the property of the Company and you may not use or use a similar name for your own use.
Trademarks
Buynears.com and the logo are trademarks or registered trademarks of the Company.
The names, marks and logos of all other products, services and companies mentioned on the Website may be the trademarks of their respective owners.
CONDITIONS OF USE OF CONTENT
All information, materials, functions and other content (“Content”) on the Site including sound, music, text, graphics, data, photographs, images, and moving pictures are the copyright of the Company.
Users may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcasts, webcasts, distribute, sell, trade or exploit for commercial or other purposes, any part of, or access to: – Services; or Website.
Without prejudice to the foregoing, User agrees not to reproduce, display or provide access to the Services or Content on other websites or servers, for example through framing, mirroring, linking, spidering, scraping or other technological means (including any technology) available on future), without the prior written permission of the Company.
You may not decompile or attempt to find source code from any Content found on the Website or Services except in specific circumstances permitted by law or the Company in writing.
ONLINE USER ACTION
User created:
to comply with this Agreement, and other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated with reference to this Agreement); to not use any Services or Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright laws; and does not properly hijack, interfere with, interfere with, disable, overload or damage the work of the Site or Services properly, which includes but is not limited to denial of service attacks, false attacks, session hacking, operation, interruption, or reprogramming.
PRIVILEGES
The Company collects information about its Users (‘User Information’) during the posting process, where Users are asked to create a password before posting their listings and / or advertisements on the Site. Users can only edit listings or ads posted on the Website by entering the specified password.
All User activities are recorded. When a User requests a page from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.
The Company uses User Information to help diagnose problems with its servers and to administer the Website. If necessary, the Company may provide the User Information as provided by the User to the relevant authorities to assist in any research and / or compliance with any laws or regulations.
The Company uses cookies so that Users do not have to enter their login information each time they visit the Website.
Except as above, User Information will not be disclosed or released by the Company to third parties except with the User’s consent.
If the User is an Individual, information on the Company’s handling of the User’s personal information is set out in Privacy Policy.
COOKIES
This website uses cookies. You must enable cookies on your computer for all functions on this website to function properly. This is the default setting for Internet Explorer and Mozilla browsers. Please read your browser’s Help for more information on enabling cookies.
Cookies are small data files that are written to your hard drive when you visit certain websites. The cookie file contains certain information, such as a random numbered user ID given by the website to visitors to track the pages visited. The only information that can contain a cookie is the information you provide yourself. Cookies cannot read data from your hard drive or read cookie files created by other websites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to identify any user. Only information provided voluntarily is retained, but this information is not personally identifiable.
USER ADDRESS Email
Users are requested to submit a valid email address to the Company in order to post advertisements on the Site.
The User’s email address may not be publicly displayed on the Website. Other Users may contact the User through this Website.
TERMINATION AND SUSPENSION
The Company reserves the right to immediately suspend or discontinue its services to the User without warning and / or notice for breach of any of the terms and conditions in this Agreement.
NO GUARANTEE
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and the operation of the Website may be disrupted due to many factors beyond the Company’s control and the Company will not be liable for any loss, liability or damage that Users may incur. As a result.
The Website and Services are provided “as is” and when and when available, without warranties of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permitted by law, the Company excludes all implied warranties, conditions or other conditions, whether implied by law or otherwise, including without limitation any conditions regarding skill and care or timeliness of performance.
User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor, and has no control over any products or services advertised on the Website through the Services, and the Company hereby expressly disclaims all responsibility and liability arise in connection with a product or service whether available or advertised through the Website through the Service.
User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on the Site shall be used, accepted and assumed only with care and discretion . and at the User’s own risk, and the Company shall not be liable for any loss, damage or liability suffered by the User arising from such use or reliance.
Links to THIRD PARTY websites
This website may contain links and / or references to other websites (‘Third Party Websites’).
The Company will not be responsible for the content, accuracy and / or opinions expressed in Third Party Websites.
Third Party Websites are not researched, monitored or inspected for accuracy or completeness by the Company.
Entries and / or references to links or internet addresses on this Website do not indicate the Company’s consent or endorsement of such website.
If the User decides to leave the Site and access the Third Party Site, the User does so at his own risk.
EXCLUSION OF LIABILITY
To the extent permitted by applicable law, the Company, its parent company, subsidiary, associate, director, officer, employee, servant, supplier, agent or assigned person shall not be liable under any circumstances for:
(a) any penalty, incidental, indirect or consequential damages and losses associated with this agreement including economic loss (including, without limitation, loss of income, profits, contracts, business or savings expectations);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damages arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under acts of negligence, defamation, copyright infringement, trademark infringement, transfer, design infringement registered industry, patent infringement, breach of trust;
(d) any responsibilities in common law; or
(e) in another way.
Subject to the limitations set forth above, nothing in this Agreement is deemed to limit or exclude the Company’s liability for misuse of false information, or death or personal injury as a result of the Company’s negligence or the negligence of Company officers, agents or employees.
For the avoidance of doubt, the Company is not responsible and will not be liable for the actions or negligence of other telecommunications service providers or for the faults or failures of their networks and equipment.
REPARATION
Consumer at all times agrees and undertakes to indemnify, harmless and defend the Company, its parent company, subsidiaries, associates, directors, officers, employees, servants, suppliers, agents or recipients from any actions, claims, requests, proceedings, costs, liabilities and expenses (including reasonable costs and legal expenses) incurred, incurred or paid by the Company directly or indirectly, caused or arising from a breach of this Agreement by the User (including documents attached to the reference), or arising from the User violate any law or the rights of third parties.
RELEASE
If a User has a dispute, claim and / or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associates, directors, officers, employees, servants, suppliers, agents or assigns who fully permitted by applicable law from all claims, claims, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees- law) arising out of or in any way connected with the dispute.
GOVERNMENT LAW
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
GENERAL PROVISIONS
Any person who is not a party to this Agreement shall have no right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be revoked and the remaining provisions shall prevail.
User agrees that this Agreement and all merger agreements may be automatically assigned by the Company, in its absolute discretion, to third parties in the event of a merger or acquisition.
The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchise relationship is intended or created by this Agreement.
The failure of the Company to act in respect of a breach by the User or another person shall not constitute a waiver of its right to act in respect of subsequent or similar breaches.
The title and description of this Agreement are included for ease of reference only and in no way define, limit, interpret or describe the scope or extent of the provisions in this Agreement.
Words importing one gender shall include the other gender unless otherwise stated.
Words in the singular shall include the plural and words in the plural shall include the singular unless otherwise stated.
NOTICE
Notifications to the Company may be sent by registered mail to the following addresses:
Tradelink Dotcom Trading
22a, Batu Muda Tambahan 51100 Kuala Lumpur, Malaysia. Email: buynears.com@gmail.com Contact: 6010-4395629
Notifications to Users will be sent to the email address provided to the Company. Notices are deemed sent within 24 hours from the time of email delivery unless the Company receives notification that the email address is invalid, or if sent by regular mail to the User’s address, will be deemed received after 14 days from the date of posting.
DISCLAIMER
Please note that in posting your advertisement on Buynears.com, you are required to disclose certain information as specified under the Consumer Protection (Electronic Commerce Transactions) Regulations 2012 (“Rules”) as follows: –
(1) Your name or the name of your business or company;
(2) Your business or company registration number, if any;
(3) Your email address, phone number and address;
(4) A description of the main features of the goods or services offered;
(5) The full price of the goods or services includes transportation costs, taxes and other costs;
(6) Payment method;
(7) Any terms and conditions governing the sale of goods or the provision of services; and
(8) Estimated time of delivery of goods or services to the buyer.
Failure to disclose or provide the required information will be an offense under the Consumer Protection Rules and Act 1999. You understand and acknowledge that providing information that you know or have reason to believe is false or misleading is an offense under the Rules and Buynears.com will will not be liable, whether criminally or otherwise under the Rules, for your failure to provide accurate information as required. In addition, Buynears.com will not be liable for any loss, damage, claim or liability arising, directly or indirectly, from a violation of the Rules as a result of your failure to disclose or provide the required information.
Effective from 09 April 2021
