ADBUY Terms of Use

Introduction

These terms and conditions govern the use of this website; by using this website, you accept these terms and conditions in full.

 

The User

 

The User (referred to hereinafter as “User” or “Advertiser”), must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

'Individual' - The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. 'Individual' includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User's personal capacity and on behalf of the User's child/ward, to be bound by the terms of this Agreement and to be liable for the User's child's or ward's acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User's child or ward observes the terms of this Agreement.

'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

 

 

License to use website

 

Unless otherwise stated, ADBUY owns the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution]

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ADBUY express written consent.

 

You must not use this website for any purposes related to marketing without ADBUY’s express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted. ADBUY reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at ADBUY’s discretion.

 

If ADBUY provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

[ADBUY may disable your user ID and password in ADBUY’s sole discretion without notice or explanation.]

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ADBUY or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

ADBUY reserves the right to edit or remove any material submitted to this website, or stored on ADBUY’s servers, or hosted or published upon this website.

 

[Notwithstanding ADBUY’s rights under these terms and conditions in relation to user content, ADBUY does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  ADBUY makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, ADBUY does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

ADBUY will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;]

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if ADBUY has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ADBUY’s liability in respect of any:

 

l  death or personal injury caused by ADBUY’s negligence;

l  fraud or fraudulent misrepresentation on the part of ADBUY; or

l  matter which it would be illegal or unlawful for ADBUY to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, ADBUY has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against ADBUY’s officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect ADBUY’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ADBUY.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify ADBUY and undertake to keep ADBUY indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ADBUY to a third party in settlement of a claim or dispute on the advice of ADBUY’s legal advisers) incurred or suffered by ADBUY arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to ADBUY’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ADBUY may take such action as ADBUY deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

ADBUY may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

ADBUY may transfer, sub-contract or otherwise deal with ADBUY’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and ADBUY in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

 

 

 

Confidentiality

Every ADBUY user (“receiving party”) shall hold any proprietary information received by it in connection with participation in ADBUY, in the strictest of confidence and shall use its best efforts to protect such proprietary information from exposure to third parties. The receiving party shall not use, abstract, copy or summarize this proprietary information. In the event of breach, the violating party shall not be allowed to participate in future ADBUY, transactions. ADBUY is not liable for any breach of confidential information by either party.

 

Payment Information

ADBUY, accepts payment of the pre-paid funds for advertising spots in direct bank transfer or credit card. Upon receipt by ADBUY of confirmation of spots running as awarded by RIMAKMUR SDN BHD (referred to hereinafter as “Seller”), all transactions will be considered completed and not subject to refund or credit.

Credit Card Transactions


If an advertiser chooses to use a credit card to make such payment, the fee for the advertising spots will be charged to the advertiser’s credit card immediately upon booking confirmation. Upon receipt by ADBUY of confirmation of spots running as awarded by Seller, any credit card transaction will be considered completed and not subject to refund or dispute. In the event an advertiser or agency initiates any procedure to charge back a credit card transaction, ADBUY shall be entitled to recover all costs associated with defending the charge back effort from the advertiser or agency. ADBUY.SRG.MY may collect user credit card information, including without limitation billing addresses and expirations dates (collectively “credit card information”) when users place a booking with ADBUY or any of its affiliates or subsidiaries through their web site. Users’ credit card information will be encrypted and protected with SSL encryption software. ADBUY.SRG.MY will use users’ credit card information for processing and completing purchase transactions, and will disclose such information to third parties only when necessary to complete the purchase transaction. ADBUY.SRG.MY will take reasonable safeguards to protect this information, but is not liable for its accidental loss or dissemination.

 

Performance Requirements

Advertisers release ADBUY from any liability to advertiser for failure of a Seller to run any advertisements for which spots were confirmed by the Seller, and the sole recourse of such advertiser(s) shall be against the Seller.

In rare circumstances the Seller will not be able to run spots as awarded. In these cases the funds will be used for future bookings.

Creative Materials

In an effort to assist advertisers with creative materials, advertisers may engage Seller to develop creative. However, should an advertiser want to work with their respective creative agencies, they are welcome to do so. All aspects of the relationship relative to the creation of advertising or other materials then is strictly between the advertiser and the vendor selected by that advertiser. 

Limitation of Liability

Seller will not hold ADBUY responsible for Advertiser’s content, actions, or inactions. Our site allows advertisers to buy advertising from the Seller. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the truth or accuracy or nature of buyer’s content. 

Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services, and tools. 

Seller and Advertiser are solely responsible for any transaction. ADBUY, acts as an intermediary between advertisers and Seller. ADBUY, makes no warranty, expressed or implied, on behalf of any advertiser, including warranties as to the merchantability or quality of any advertiser’s goods or services, or their fitness for any specific purpose. No advertiser is authorized by ADBUY, to make representations or warranties on behalf of ADBUY, or to indicate that ADBUY warrants any advertiser’s goods or services. Advertisers shall be responsible for transmission of all creative materials necessary for advertisements to Seller and ADBUY shall have no responsibility therefore. 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 

 

Indemnification

You agree to indemnify and hold harmless ADBUY, and the officers, directors, employees, partners, principals, agents and representatives of ADBUY, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made by you in this agreement. 

 

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

 

Governing Law/Jurisdiction:

This agreement shall be governed and construed in accordance with the laws of Malaysia.

 

WE RESERVE THE RIGHT TO UPDATE THE PRIVACY POLICY AND THESE TERMS OF USE WITHOUT NOTICE. USERS SHOULD REVIEW THE PRIVACY POLICY AND TERMS OF USE FREQUENTLY.