Terms & Conditions

Terms of Use

Welcome to www.ASEAN2U.com (hereinafter referred to as “Website” or “ASEAN2U.com”). By accessing or using this Website (including ASEAN2U.com and its related sites, services, tools and Microsites), you agree to the following terms, including those available by hyperlink, and the general principles for the websites of our subsidiaries and affiliates. If you have any questions, please contact our Customer Service.

This Agreement is effective on 1st March 2016 for current users, and immediately upon acceptance by new users.


Scope

Before you may become a member of ASEAN2U.com, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use, Privacy Policy and the Terms & Conditions of ASEAN2U.com.  We strongly recommend that, as you read this Terms of Use, you also access and read the linked information. By accepting this Terms of Use, you agree that this Terms of Use, Privacy Policy and Terms & Conditions of ASEAN2U.com will apply whenever you use the Website and services, or when you use the tools we make available to interact with the Website and services.

 

TERMS OF USE


General

The Website provides an interactive online e-commerce service operated by Obor Net Sdn Bhd (hereinafter referred to as “Obor Net Sdn Bhd“) on the World Wide Web of the Internet (the “Web“), consisting of information services, content and transaction capabilities facilitated through the Website, affiliates of ASEAN2U.com / Obor Net Sdn Bhd or sellers (hereinafter referred to as “E-Seller“) offering products or services for sale (“Products“).

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit to the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Website. You should check this Agreement each time you access to our Website so as to be aware of the most recent applicable version of the Agreement; any use of the Website by users after such amendments have been publish in our Website shall be deemed to constitute acceptance by users of such amendments. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services / Tools (with respect to fees owed for our services), Content License and Indemnity.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Website. However, if you are at least 13 years old but not yet 18, you may use the Website in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Website.


Accessing and Using the Website

ASEAN2U.com contains robot exclusion headers; much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to Obor Net Sdn Bhd by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission from Obor Net Sdn Bhd.

While accessing and using the Website, services and tools, you agree not to:

  • transfer your ASEAN2U.com account (including feedback) and user ID to another party without our written consent;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • distribute or post spam, chain letters, or pyramid schemes;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of Obor Net Sdn Bhd and the appropriate third parties, as applicable;
  • copy, modify, or distribute content from the Website and Obor Net Sdn Bhd, copyrights and trademarks; or
  • harvest or otherwise collect information about other users, including but not limited to email addresses, without Obor Net Sdn Bhd’s written consent; or
  • use existing .com accounts or create new ASEAN2U.com accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Obor Net Sdn Bhd;
  • violate any laws, third party rights, or other policies stated in the Website.


Buyer Conduct

  • Buyer shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Obor Net Sdn Bhd’s express prior, written approval, contains advertising or any solicitation with respect to products or services.
  • Buyer shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other online or offline services directly or indirectly competitive or potentially competitive with ASEAN2U.com.
  • Buyer must and shall pay all relevant fees or taxes or duties required by law.
  • Buyer shall comply with all policies, terms and conditions, rules and guidelines of ASEAN2U.com; and cannot:
    • fail to deliver payment for Products purchased by you, unless the E-Seller has materially changed the Products’ descriptions after you made purchase(s), a clear typographical error is made, or you cannot authenticate the E-Seller identity; or
    • purchase Products when you do not meet the E-Seller’s terms as outlined in the Products listing, or purchase with the intention of disrupting a listing.
  • Violations of these policies may result in a range of actions, including but not limited to:
    • Purchase cancellation
    • Limit on account privileges
    • Account suspension


E-Seller Conduct

  • E-Seller must honour transaction contract / order. E-Seller cannot fail to deliver Products for which payment was accepted, significantly misrepresent Products by not meeting the terms and Products’ description outlined in the listing, or refuse to accept payment for Products at the end of a successful sale.
  • E-Seller must and shall pay all relevant fees or taxes or duties required by law.
  • Products / advertisement posted by E-Seller shall comply with ASEAN2U.com‘s policies, terms and conditions, prevailing laws, guidelines and rulings required by law.
  • E-Seller shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Obor Net Sdn Bhd’s express prior, written approval, contains advertising or any solicitation with respect to products or services.
  • E-Seller shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other online or offline services directly or indirectly competitive or potentially competitive with ASEAN2U.com.
  • E-Seller shall comply with all policies, terms and conditions, rules and guidelines of ASEAN2U.com; and cannot:
    • fail to deliver Products purchased from you, unless the buyer fails to make payment, fails to meet the posted terms, or you cannot authenticate the buyer’s identity; or
    • post products or services that you are unable to supply or deliver.
  • Violations of these policies may result in a range of actions, including but not limited to:
    • Purchase cancellation
    • Listing cancellation
    • Limit on account privileges
    • Account suspension
    • Forfeit of any affected ASEAN2U.com’s fees due to cancelled listing(s)
    • Loss of Premier E-Seller’s status


Copyright and Trademarks

Everything located on or in this Website, including the Microsites, is the exclusive property of Obor Net Sdn Bhd or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Website or any of the Microsites without the express written permission of Obor Net Sdn Bhd or copyright and/or trademark owner is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject users to civil and/or criminal penalties.


Hold

To protect against the risk of liability, payments that E-Seller receive from ASEAN2U.com’s transactions through PayPal may be subject to holds.  PayPal has held, and will continue to hold, E-Seller’s funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.

 

Fees and Services / Tools

Joining and register at ASEAN2U.com either as E-Seller or Member (buyer) is by completing of our Business Matching Registration. Furthermore there is fees that would be charge for using other services, such as, Premium E-Seller, premium listing or when you use other services or tools that may be provided by ASEAN2U.com. Before we charge any fees, you will have the opportunity to read the fees information and relevant terms and conditions as specified on our Website; the decision to accept the charges is solely sole discretion by E-Seller or Member (buyer). We may change the fees from time to time to coordinate with ASEAN2U.com‘s activities e.g. festive days, promotion campaign or for new services / tools; all changes take immediate effective, thus you are advise to read the fees information and terms and conditions before making any decision.

Unless otherwise stated, all fees are quoted in Malaysia Ringgit (MYR). You are responsible for paying all fees and applicable taxes associated with our Website and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed by you using other collection mechanisms and may at any time and at our sole discretion, limit, suspend, or terminate our service and your user account(s), prohibit access to our Website and their content, delay or remove hosted content for any sums due from you to Obor Net Sdn Bhd (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance).


Content License

You agree that when you provide us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.


Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third parties due to or arising out of your breach of this Agreement, or your violation of any law or the rights of any third parties.


Privacy

We use your information only as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the Malaysia that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object to your Information being transferred or used in this way, please do not use access to our Website or use our services / tools.


No Agency

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


Notices

Except as explicitly stated otherwise, any legal notices shall serve on to Obor Net Sdn Bhd via registered mail at the address: Legal Department, Block L-3A-3A, No 2 Jalan Solaris, Solaris Mont Kiara, 50480 Kuala Lumpur, Malaysia. (in the case of Obor Net Sdn Bhd) or to the email address you provide to ASEAN2U.com during the registration process (in your case). Notice shall be deemed given upon the email being sent, unless the sending party is notified that the email address is invalid.  Alternatively, we may give you legal notice via registered mail to the address provided during the registration process.  In such case, notice shall be deemed given after acknowledged receipt.


Arbitration

By using this Website, the Parties (“refer to both E-Seller and Member”) agrees that:

(1)   any claim, dispute, or controversy the Parties may have against Obor Net Sdn Bhd arising out of, relating to, or connected in any way with this Agreement, this Website, or any Microsite, or the purchase or sale of any Products, shall be resolved exclusively by final and binding arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) and conducted by a single arbitrator jointly appointed by the Parties and Obor Net Sdn Bhd in accordance with the Arbitration Act 2005 (“Rules and Procedures”). If the Parties fail to agree on the appointment of the arbitrator, the arbitrator shall be appointed by the Director of the KLRCA, whose decision shall be final and binding on the Parties;

(2)   the arbitration shall take place in Malaysia and shall be held at a location determined by KLRCA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by the Parties and Obor Net Sdn Bhd;

(3)   the language of the arbitration proceedings, reports and documentation submitted or distributed by the arbitration panel shall be in English;

(4)   there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Parties’ and/or Obor Net Sdn Bhd’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;

(5)   the arbitration expenses shall be borne by the losing party unless otherwise determined in the award;

(6)   the award of the arbitrator shall be final and binding upon the Parties and Obor Net Sdn Bhd;

(7)   with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by KLRCA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither the Parties nor Obor Net Sdn Bhd shall be entitled to arbitrate their dispute. For more information on KLRCA and its Rules and Procedures, the Parties may visit the KLRCA website athttp://www.klrca.org.my; and;

(8)   notwithstanding the foregoing provisions, the Parties and Obor Net Sdn Bhd may seek injunctive or other equitable relief against the other Party in any court of competent jurisdiction prior to or during the arbitration.