Welcome to Vendorgogo.com
The terms and conditions set out herein below govern the use of Kymara Tech Sdn Bhd's
('the Company') services offered and available on the website Vendorgogo.com,
all its official Android / iOS app and all related sub-sites ('the Site'). The
User is advised to read them carefully as they affect the User's rights and
liabilities under the law.
By using the Site, 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 those
terms and conditions incorporated by reference and/or implication.
The Company may amend the terms and conditions from time to time. The User will
be notified of any amendments via announcement on the Site.
If the User continues to use the Site and/or services provided by the Company on
the Site ('the Services') after the date on which any amendments come into
effect, the User shall be deemed to have consented to be bound by the amended
terms and conditions. In the event the User does not agree to the amendments,
the User shall not continue to use the Site and/or the Services.
The services herein are offered by the Company which has its registered office
at 28-B, Jalan Pluto AY U5/AY, Bandar Pinggiran Subang, 40150 Shah Alam Selangor
THE USER
The User 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.
RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with the terms and conditions of
this Agreement and any law at the time being 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").
The User shall not list and/or advertise on the Site and/or advertise for sale
on the Site any item which:-
(a) infringes the intellectual property rights of any third party including
copyright, patent, trade mark, trade name, designs, trade secret, confidential
information, know-how, goodwill, rights of privacy or publicity or other
proprietary rights or rights of publicity or privacy of any third party;
(b) otherwise causes legally-recognized harm including but not limited to a
product that contains a defamatory statement; or
(c) violates or is illegal under any applicable law, statute, ordinance or
regulation.
The User shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent
act;
(c) infringes the intellectual property rights including copyright, patent,
trade mark, trade name, designs, trade secret, confidential information,
know-how, goodwill, rights of privacy or publicity of other any other third
party;
(d) violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials.
(g) contains any computer viruses and/or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
(h) creates liability for the Company or causes the Company to lose, in whole or
in part, the services of its Internet Service Providers or other suppliers;
(i) introduces, spreads or is intended to introduce and/or spread contents or
propaganda of religious, cultural or racist nature; or
(j) any other prohibited content as provided under the Content Code.
"Information" referred to hereinabove includes but is not limited to any
information provided by the User to the Company or to other Users in any public
message area (such as community forums, photo area and feedback area) or through
email.
The Company reserves the right to remove any items that it deems in violation of
the above, at its sole discretion.
The Company shall also have the right to remove any content from the Site in
accordance with the complaints procedure contained in Part 5, Paragraph 10.2 of
the Content Code. The User may obtain further information on the Content Code
from the following link: http://cmcf.my/
The User shall comply with the Company's Rules of Advertising.
The User is solely responsible for the accuracy of the said Information.
INTELLECTUAL PROPERTY
Copyright
All content, organization, layouts, texts, documents, databases, graphics,
designs, compilations, photographs, pictures, drawings, videos, sound recordings
and other materials related to the Site ("Content") are works protected under
the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Agreement, the User is strictly
prohibited from carrying out any of the following acts without the prior written
consent of the Company:-
modifying, copying, distributing, transmitting, displaying, performing,
reproducing, publishing, licensing, transferring, downloading, posting, creating
derivative works from, framing and using on any other website, the Content; and
transferring and / or selling any information, software, user list, database or
other lists, compilations, products or services provided through or obtained
from the Company or from the Site including but not limited to, the texts,
graphics, logos, photos, audio files and visual files.
No part of the Content may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, for republication,
distribution, assignment, sublicense, sale, and preparation of derivative works
or other use other than for the User's personal use only. The User further
agrees that he or she will not infringe the Company's copyright by any method or
manner now known or as may exist in the future.
The User hereby agrees to assign absolutely to the Company all title and
interests relating to copyright in the listings and advertisements posted on the
Site, including but not limited to texts, graphics, drawings, layouts and
photographs ('the Assigned Works').
The User hereby warrants that he or she is the copyright owner in the Assigned
Works and any marks reproduced by the User on the Site and shall indemnify the
Company from any claims by any third party arising from the ownership of the
Assigned Works or marks.
All photographs used in any listings and advertisements and posted on the Site
will be endorsed with the Company's watermark seal (the "Watermark"). The
Watermark shall not at any time be removed, altered or tampered with.
The Company takes a serious view of intellectual property right infringement and
will not hesitate to take action including commencing 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 Site is hosted on is the sole property of the
Company and you may not use or otherwise adopt a similar name for your own use.
Trademark
Vendorgogo.com and its logos are trademarks or registered trademarks of the Company.
Names, marks and logos of all other products, services and companies mentioned
on the Site may be the trademarks of their respective owners.
CONTENT USE CONDITIONS
All information, materials, functions and other content ("Content") on the Site
including any sounds, music, text, graphics, data, stills, photographs, and
moving images are copyrighted property of the Company.
The User may not reproduce, modify, adapt, translate, publish, display,
communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or
exploit for any commercial or other purposes, any portion of, or any access to
the:-
Services; or
Site.
Without prejudice to the above, the User agrees not to reproduce, display or
otherwise provide access to the Services or Content on another website or
server, for example through framing, mirroring, linking, spidering, scraping or
any other technological means (including any technology available in the
future), without the prior written permission of the Company.
You may not decompile, reverse engineer or otherwise attempt to discover the
source code of any Content available on the Site or the Services except under
the specific circumstances expressly permitted by law or the Company in writing.
ONLINE CONDUCT OF THE USER
The User undertakes:
to comply with this Agreement, and such other notices or guidelines that may be
posted on the Site by the Company from time to time (which are hereby
incorporated by reference into this Agreement);
not to use the Services or any Content for any unlawful purpose, and to comply
with all applicable laws and regulations, including without limitation,
copyright law; and
not to hack into, interfere with, disrupt, disable, over-burden or otherwise
impair the proper working of the Site or the Services, which shall include but
is not limited to denial-of-service attacks, spoof attacks, session hacking,
sniffing, tampering, reverse engineering or reprogramming.
PRIVACY
The Company collects information about its Users ('User Information') during the
posting process, where Users are required to create a password before posting
their listings and/or advertisements on the Site. A User will only be able to
edit a listing or advertisement posted on the Site by keying in the designated
password.
All User activities are logged. When the User requests pages from the Company's
servers, it automatically collects information about the User's preferences,
including the User's Internet Protocol address.
The Company uses the User Information to help diagnose problems with its servers
and to administer the Site. When necessary, the Company may provide User
Information as provided by the User to the relevant enforcement authorities to
assist in any investigation and/or in compliance with any law or regulation.
The Company uses cookies so that the User does not have to enter his or her
login information each time they visit the Site.
Save as aforesaid, the User Information shall not be disclosed or released by
the Company to any third party except with the consent of the User.
If the User is an Individual, information regarding the handling of the User's
personal information by the Company is set out in our Privacy Policy.
COOKIES
This site uses cookies. You must have cookies enabled on your computer in order
for all functionality on this site to work properly. This is the default setting
for both Internet Explorer and Mozilla browsers. Please refer to your browser's
Help for more information about enabling cookies.
A cookie is a small data file that is written to your hard drive when you visit
certain Web sites. Cookie files contain certain information, such as a random
number user ID that the site assigns to a visitor to track the pages visited.
The only information a cookie can contain is information you supply yourself. A
cookie cannot read data off your hard disk or read cookie files created by other
sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by
themselves, cannot be used to find out the identity of any user. Only
information provided voluntarily is stored, but this information is not
personally identifiable.
EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to post
advertisements on the Site.
The email address of the User shall not be publicly displayed on the Site. Other
Users may contact the User through the Site.
TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service
to the User without warning and/or notice for violation deemed by the Company of any of the terms and
conditions in this Agreement. Furthermore any form of explanation on the User's account termination or suspension is at the discretion of the Company.
NO WARRANTY
The Company does not guarantee continuous, uninterrupted or secure access to the
Services, and operation of the Site may be disrupted due to numerous factors
outside the Company's control and the Company shall not be liable for any loss,
liability or damage which the User may incur as a result.
The Site and the Services are provided "as is" and as and when available,
without any warranty 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 permissible by law the Company excludes all
implied warranties, conditions or other terms, whether implied by statute or
otherwise, including without limitation any terms as to skill and care or
timeliness of performance.
The User acknowledges and agrees that the Company does not endorse or recommend,
is not an agent, reseller or distributor of, and has no control over any
products or services advertised on the Site through the Services, and the
Company hereby expressly disclaims all liabilities and responsibilities arising
in relation to any products or services whether available or advertised via the
Site through the Services.
The 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 this Site should be used, accepted and
relied upon only with care and discretion and at the User's own risk, and the
Company shall not be responsible for any loss, damage or liability suffered by
the User arising from such use or reliance.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites ('Third Party
Websites').
The Company shall not be responsible for the contents, accuracy and/or opinions
expressed in Third Party Websites.
Third Party Websites are not investigated, monitored or checked for accuracy or
completeness by the Company.
Inclusion of and/or reference to any links or internet addresses on the Site
does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites,
the User does so at his or her own risk.
EXCLUSION OF LIABILITIES
To the full extent allowed by applicable law, in no event shall the Company, its
parent company, subsidiaries, associated companies, directors, officers,
employees, servants, suppliers, agents or assigns, be liable under any
circumstances for:
(a) any punitive, incidental, indirect or consequential damages and/or losses
related to this agreement including economic losses (including, without
limitation, loss of revenues, profits, contracts, business or anticipated
savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damage arising out of or in
connection with this Agreement, including but not limited to actions for breach
of contract, actions under the tort of negligence, defamation, copyright
infringement, trade mark infringement, passing-off, infringement of registered
industrial designs , patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be
deemed to limit or exclude the Company's liability for fraudulent
misrepresentation, or for death or personal injury resulting from the Company's
negligence or the negligence of the Company's servants, agents or employees.
For avoidance of doubt, the Company is not liable and shall not be liable for
the acts or omissions of other providers of telecommunications services or for
faults in or failure of their networks and equipment.
INDEMNITY
The User at all times agrees and undertakes to indemnify, hold harmless and
defend the Company, its parent company, subsidiaries, associated companies,
directors, officers, employees, servants, suppliers, agents or assigns from any
actions, claim, demand, proceedings, costs, liabilities and expenses (including
reasonable legal fees and disbursements) sustained, incurred or paid by the
Company directly or indirectly, due to or arising out of the User's breach of
this Agreement (including the documents incorporated by reference), or arising
out of the User's violation of any law or the rights of a third party.
RELEASE
In the event that one 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, associated companies, directors, officers, employees,
servants, suppliers, agents or assigns to the full extent allowed by the
applicable law from all claims, demands, expenses, costs and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed (including legal fees) arising out of or
in any way connected with such disputes.
GOVERNING LAWS
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 Malaysian
courts.
GENERAL PROVISIONS
Any person who is not a party to this Agreement does not have any right to
enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck out and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be
automatically assigned by the Company, in its sole discretion, to a third party
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-franchisee
relationship is intended or created by this Agreement.
Failure of the Company to act with respect to a breach by the User or others
shall not constitute a waiver of its right to act with respect to subsequent or
similar breaches.
Headings and captions of this Agreement are included for ease of reference only
and in no way define, limit, construe or describe the scope or extent of any
provisions in this Agreement.
Words importing one gender shall include any other gender unless stated
otherwise.
Words in the singular number shall include the plural and words in the plural
number include the singular unless otherwise stated.
NOTICES
Notices to the Company may be sent by registered post to the following address:
KYMARA TECH SDN BHD
SSM/ROC no: 1254447-H
Address:
28B, Jalan Pluto AY U5/AY
Bandar Pinggiran Subang
Shah Alam,
40150 Selangor,
Malaysia.
Email: contact@merchattrade.net
Notices to the User shall be sent to the email address provided to the Company.
Notices are deemed to be sent within 24 hours of the time of sending of the
email unless the Company receives notification that the email address is
invalid, or where sent by normal post to the User's address, shall be deemed to
be received after 14 days from the date of posting.
DISCLAIMER
Please note that in posting your advertisement on Vendorgogo.com, you are required to
disclose certain items of information as specified under the Consumer Protection
(Electronic Trade Transactions) Regulations 2012 (the "Regulations") as follows
:-
(1) Your name or the name of your business or company;
(2) The registration number of your business or company, if applicable;
(3) Your email address, telephone number and address;
(4) A description of the main characteristics of the goods or services offered;
(5) The full price of the goods or services including transportation costs,
taxes and any other costs;
(6) The method of payment;
(7) Any terms and conditions governing the sale of goods or provision of
services; and
(8) The estimated time of delivery of goods or services to the buyer.
Failure to disclose or provide such required information would constitute an
offence under the Regulations and the Consumer Protection Act 1999. You
understand and acknowledge that providing information which you know or have
reason to believe is false or misleading is an offence under the Regulations and
Vendorgogo.com shall not be held liable, whether criminally or otherwise under the
Regulations, for your failure to provide accurate information as required. In
addition, Vendorgogo.com shall not be responsible for any loss, damage, claim or
liability arising, directly or indirectly, from the contravention of the
Regulations as a result of your failure to disclose or provide the required
information.
Effective from 9 September 2016
