TERMS OF USE


The following describes the terms on which AliDagang.My offers you access to its Services.

Welcome to AliDagang.My (hereinafter known as the "Site"). Any person who wants to access the Site to sell, buy or bid for goods and use the services that are provided (hereafter known as the "Services") must accept the Terms of Use of this Agreement. The Terms of Use are binding for each and every time the Services are used.

The Service is operated by Harapan E-Dagang Sdn. Bhd. (Company No.:1243372-W), owner of www.alidagang.my, or any subdomain, (hereinafter "www.alidagang.my" or "we" or "our") located at Unit A-3-1, Block A, 8 Avenue Business Centre, Jalan Sungai Jernih 8/1. Seksyen 8 Petaling Jaya. 46050, Selangor. MALAYSIA.

You must read, agree with and accept all of the Terms of Use contained in this User Agreement and the Privacy Policy, which includes Terms and Conditions and those incorporated by reference, before you may become a member of AliDagang.My. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further Terms of Use that apply to you as an AliDagang.My user.

If you do not accept these Terms of Use or have any questions not resolved in our frequently asked questions (FAQ) and/or help section, please contact [email protected].

This Agreement helps to keep www.alidagang.my a safe place to buy and sell items. We would like to build www.alidagang.my on trust, and this Agreement helps maintain that trust between community members.

This agreement may be subject to amendments at any time and shall become effective after being posted to our site. Your continued use of this site constitutes the following :

  1. acknowledgment of this Agreement and any modifications; and
  2. agreement to abide and be bound by this agreement, including any modifications.

Eligibility for Membership.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended AliDagang.My members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your AliDagang.My account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining and purchasing items at AliDagang.My is free. However, we do charge Transaction Fees for sales through our Site from all transactions, be it using Credit Cards, Debit Cards, FPX or e-Wallets and when you list an item, you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

AliDagang.My may from time to time review and change how members can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation.

AliDagang.My is Only a Venue.

AliDagang.My acts as a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, including a fixed price format and a quotation-style format for customisable/bespoke items. We are not involved in the actual transaction between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a Buyer or Seller will actually complete a transaction.

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and AliDagang.my is not responsible for the acts or omissions of users on the Site.

We cannot control the information provided by other users which is made available through our system. Note that all graphics displayed in listings may reside on our servers, but we do not and cannot control the images that are uploaded by our users. Information and images posted by a member may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. We are not liable for any images that have been placed on our servers, as they are beyond our control.

Fraud, Cheating or Scam.

By using this website for transactions, you agree that www.alidagang.my, as a venue, is not responsible for any losses arising from Fraud, Cheating or Scam from your bidding, buying, or direct negotiation or transaction conducted within Buyers or Sellers.

We are not responsible for any losses arising from Fraud, Cheating or Scam which arise from you clicking any of the banners appearing in www.alidagang.my and related sites and redirected to any third party website for any transaction you done with a third party.

Identity Verification.

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, AliDagang.My cannot and does not confirm each user's purported identity. For verified members, we solely rely on Malaysian Identification Card (NRIC) or passport submitted via our application form or uploaded via the user profile section of www.alidagang.my. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or our safetrade services that provide additional safety to your transaction.

Release.

Because we are a venue, in the event that you have a dispute with one or more users, you release AliDagang.My (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Listing and Selling.

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

All items sold in quantity must be identical (the size, color, make, and model must be the same for each item). In your listings, you may not link to or include advertising for goods or services which

  1. describes an item that you are not trying to sell on www.alidagang.my;
  2. you do not have a right to link to or include.

Privacy.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in Malaysia that are protected by physical as well as technological security devices by our service providers. If you object to your Information being transferred or used in this way, please do not use our services.

The new Ecommerce Regulations require Marketplace operators such as AliDagang.My to have the full details of sellers with supporting documents such as MyKad, business registration documents, bill statement etc. We are required to have your details such as your full name, business name, registration and valid contact details to be published on the posting page or profile page.

AliDagang.My can (and you authorise us to) disclose your user ID, full name, MyKad details, phone number, email, and company registration details to authorities and rights owner as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

No Warranty.

We, our subsidiaries, officers, directors, employees and our suppliers provide the www.alidagang.my website and our services "as is" and without any warranty or condition, expressed or implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and on-infringement.

Limit of Liability.

In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

Our liability and the liability of our subsidiaries, officers, directors, employees and suppliers, to you or any third parties in any circumstances is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Additional Terms.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

General Compliance with Laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.

Message from Partners and Sponsors.

You acknowledge and agree that www.alidagang.my may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. Www.alidagang.my will for all practical purposes allow members to unsubscribe from receiving such materials.

No Agency.

You and www.alidagang.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices.

Except as explicitly stated otherwise, any notices shall be given by e-mail to [email protected] (in the case of www.alidagang.my) or to the e-mail address you provided to www.alidagang.my during the registration process (in your case), or such other address as the party shall specify. The notice shall be deemed to have been given 24 hours after the email is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.alidagang.my during the registration process. In such case, the notice shall be deemed to have been given 3 days after the date of mailing.

AliDagang.My may from time to time work with other parties to offer our members certain products or services at our discretion. All members will be informed of such offers through email and certain information such as name and handphone numbers may be made available solely for this purpose.

General.

This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. Www.alidagang.my does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.