Acceptance of Terms

1.             The following describes the terms on which eClassifieds Portal Services, hereafter named as “eCPS”, offers you access to and use of various products and services offered, supplied, produced, provided, available and/or delivered by eCPS on this website and all other websites operated by eCPS, including but not limited to advertising services (collectively, the “Services”), but only for the lawful purposes described herein.

2.             For the purposes of these terms, the term “Services” shall include all advertising and other services (paid or otherwise), information, communications, compilations, images, software, text, graphics, messages and all other paid products and services supplied by eCPS to you, whether posted on eCPS’s websites or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, SMS, or any other method or technology whether now known or hereafter developed.

3.             By accessing or using the Services, you agree to be legally bound by these terms, and any other policies, rules and regulations as may be imposed by eCPS from time to time which are incorporated herein by reference. The right to use any Service offered by eCPS is personal to you and may not be transferred to any other person.

4.             You represent and warrant that you are either at least 21 years of age or if you are below 21 years, you have obtained the consent of your parent/legal guardian, to use and access the Services and to be bound by these terms.

5.             These Terms of Service may be revised from time to time. Your continued use of the Services shall be deemed and construed as your conclusive and binding acceptance of the revised terms.

6.             In addition, particular service(s) added, offered or provided to you may be subject to additional guidelines and/or rules imposed by eCPS from time to time. In such event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Service by reference. eCPS may also offer other services on our websites that are governed by different terms of service or terms of use. Use of such other services shall accordingly be subject to such different terms of service or terms of use. If there are any fees applicable to such other services, you shall make payment of these fees in accordance with the stipulated terms. 

About Our Services

7.             You expressly agree that your use of the Services is at your sole risk and that the Services are provided on an “AS IS WHERE IS” basis. eCPS makes no representation or warranty, whether express or implied (to the extent permitted by law) : (a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Services or of any content available on or through the Services; or (b) that the use of the Services will be uninterrupted, without error, secure or free of any viruses or bugs; or (c) that any products, services, information or other material purchased or obtained by you on or through the Services will meet your expectations.  

8.             In no event shall eCPS or any of our affiliates or related corporations be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if eCPS has been advised of the possibility of such damages), resulting from or in connection with (i) the use of or inability to use the Services or any interruptions or delays; (ii) any communication line failure, or bugs, viruses, trojan horses or other harmful elements which may be transmitted to or through the Services; (iii) any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of or reliance on any content posted, emailed, transmitted or otherwise made available on or through the Services; (iv) any loss or damage of any kind incurred as a result of any goods, information or services purchased or obtained or transactions entered into through or from the Services; (v) any breach of intellectual property or defamation; or (vi) any other matter relating to the Services; whether based on warranty, contract, tort or any other cause of action, and whether or not eCPS is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law.

Advertising and other paid Services

10.          eCPS may make available to you certain online advertising and other paid services and products on our websites. Without prejudice to the generality of other terms set out herein, the following terms shall apply in the event that you subscribe to any advertising or other paid services offered by eCPS on any of our websites :

(a)           With respect to advertising and other paid services offered by eCPS through our websites, you shall be informed of all terms of the offer, including but not limited to price plans, methods of payment, credit card information, applicable taxes on the screen where you make the purchase. You authorize eCPS to charge to the credit card account designated during the registration process the relevant charges according to the price plan chosen by you. You are responsible for any charges associated to connecting to the Services, including but not limited to, any telephone line charges or any Internet access provider charges.

 (b)           You shall provide eCPS with accurate, complete and updated information as to your name, e-mail address and    credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.

(c)           eCPS shall have the right at any time to impose, change or modify our fees and billing methods, or other terms and conditions applicable to your use of the paid Services or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately by posting the same on the relevant website(s) or notification by electronic or conventional mail or such other means as determined by eCPS at our discretion. Any use of the Services by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes. You agree to review the terms and conditions periodically to be aware of such revisions.

(d)           You shall comply with any additional terms and conditions imposed by third party service providers in connection with payment gateways provided by such third parties to facilitate your payments online. You therefore acknowledge and agree that eCPS shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with the use of any such third-party payment gateways.

(e)           eCPS shall have the right to immediately terminate this Agreement with respect to any user which eCPS, in our sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. If your account is terminated or canceled for any reason whatsoever, NO refund of any fees will be granted. You will still be liable for payment of any amounts due or other obligations incurred before termination or cancellation. This Clause shall survive termination of this Agreement.

 
Linked Content

11.          eCPS’s websites may contain links to third-party sites and/or provide you with opportunities to use services offered through or by third-parties. Your access and use of these third-party sites and services is subject to terms posted by these third-parties. eCPS has no control over any third-party site or service and we are not responsible for the contents thereof or for any changes to any third-party site or service, including without limitation, any links that may be contained in or accessible through such third-party site or service. These links and services are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. eCPS’s inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. You therefore acknowledge and agree that eCPS shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with the use of any such third-party sites or services.

Intellectual Property

12.          All content and materials on the Services are the exclusive property of eCPS or our content suppliers, and may be viewed, downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained. Save as specifically permitted here, you may not copy, reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work or otherwise use or exploit any content on the Services in any way or for any purpose. In addition, you may not distribute or make available any part of the Services over any other website or any network.

13.          The names, trade marks, service marks and logos (the "Trade Marks") displayed on the Services are registered or unregistered Trade Marks of eCPS, our affiliates or licensors. Nothing on the Services should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. eCPS prohibits use of the Trade Marks as a "hot" link or in-link to any site unless establishment of such a link is approved in advance by eCPS in writing.

Submission of Contributions

14.          eCPS may provide facilities on the Service to permit you to submit any contribution (including but not limited to any text, graphics, video and/or audio content, advertisements, and other materials or information in any media or format) (“Submissions”) to eCPS or to the Services directly. You are solely responsible for your own Submissions and for all consequences of distribution or publishing the Submissions on the Services; eCPS only acts as a passive conduit for the online distribution and publication of your Submissions.

15.          By submitting your Submissions, you agree and undertake as follows :-

(a)           you will not include any content in your Submissions that is or could be unlawful, defamatory, offensive, obscene, dangerous, false, or any content that is protected by copyright or other intellectual property right or any other third party rights (including privacy and publicity rights), without first obtaining permission of the rights-owner, or any content that contains any viruses, bugs or other harmful elements;

(b)           you hereby grant to eCPS a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable right and licence to use, reproduce, distribute, publish, post, modify, transmit, broadcast, make available to the public, adapt, create a derivative work or otherwise use or exploit your Submissions in any way or for any purpose in any media and for any purpose;

(c)           you will not assume a false identity or the identity of another user when using the Service, and you will not use the Service for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users;

(d)           with respect to advertising services, you agree that it is your responsibility to check the accuracy and contents of your advertisements before submission and eCPS shall not be liable for any loss or damage arising from any errors or omission to publish your advertisements;

(e)           you will defend, indemnify and hold harmless eCPS, our affiliates and related corporations from and against any and all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of or in connection with your Submissions.

 16.         eCPS does not endorse any Submission and hereby expressly disclaims any and all liability in connection with the Submissions. eCPS shall have the right, but not the obligation, to monitor the Submissions contributed to the Services, including chat rooms and forums. eCPS shall have the right to remove, delete or refuse to post any material that eCPS, in our sole discretion, finds to be in violation of these terms or otherwise objectionable or inappropriate without having to assign any reason therefor.

17.          In addition, eCPS shall have the right to suspend or terminate your use of the Services if we believe that you have violated these terms or for any other reason whatsoever at our sole discretion, with or without notice to you. eCPS shall not be liable to you for any suspension or termination of your account or access to or use of the Services.

Personal Information

18.          You hereby warrant that all information provided in the creation of your account is complete and accurate. You are responsible for any and all activity that occurs on your account and you are solely responsible for ensuring the security of your account. You agree to be liable for any and all loss or damage which may be caused to or incurred by eCPS resulting from any authorised or unauthorised use of your account. eCPS will not be liable for any loss or damage caused by any unauthorised use of your account.

19.          If you submit or provide any personally identifiable information to eCPS, you expressly acknowledge and consent to eCPS collecting and using such information for various purposes as we deem appropriate in our sole discretion, including but not limited to the following :

(a)           To provide goods and services by eCPS or our designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto.

(b)           To verify and process payment when you purchase goods and services through the Services.

(c)           For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.

(d)           To conduct statistical analysis of the users of our sites including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us.

(e)           To send you emails, newsletters, information and updates (whether electronically or otherwise) to keep you informed about new services and promotions, including marketing and advertising materials in relation to our goods and services and those of third party organizations selected by us.

(f)            To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any users for breach of these terms.

(g)           To disclose, transfer, assign, licence, sell or grant to any third parties (including eCPS’s affiliates and business partners) all or any portion of your particulars for any purpose.

20.          You hereby release eCPS from and against any and all claims, suits, liabilities, or damages which you may have in connection with your particulars or information, being (i) used by eCPS (or any third party which eCPS has released the particulars/information to) in any manner or format; or (ii) disclosed or otherwise provided by eCPS to any third party as provided herein.

Venue Only

21.          Where you subscribe for or use any Services that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that eCPS’s websites act as a venue only and eCPS is not responsible for the reliability, accuracy or truthfulness of any information that is posted by other users.

22.          Your dealings or transactions with other users or advertisers found on or through the Services, including payment and delivery of related goods or services, and any terms, conditions, warranties or representations in relation thereto, are solely between you and such user or advertiser and eCPS shall not be responsible or liable for any loss or damage as a result of such dealings or transactions.

Indemnity

23.          You agree to defend, indemnify and hold harmless eCPS, our affiliates and related corporations from and against any and all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of or in connection with (i) your access or use of the Services; (ii) any breach of these terms; or (iii) any infringement of any third party rights. In addition, eCPS may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Services, including informing any third party eCPS deems appropriate of such breach or use and/or disclosing your personal information to such third party.

Severability

24.          If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by eCPS with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive eCPS’s right to act with respect to subsequent or similar breaches.

Notices

25.          You agree that eCPS may (but shall not be obliged to) send you notices, including those regarding changes to these terms or the Services, by email, regular mail, postings on our websites or any other mode of communication as eCPS deems appropriate.

26.          You hereby agree and acknowledge :-

(a)           that all electronic communications made in connection with the Services shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;

(b)           not to contest the legally binding nature, validity or enforceability of any transaction in connection with the Services on the ground that it was entered into electronically.

Governing Laws

27.          These terms shall be governed by Malaysia laws and any dispute arising out of the use of the Services shall be referred to the Malaysia courts. You agree to submit to the exclusive jurisdiction of the Malaysia courts.