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