The Company may revise the TOU at any time by posting such changes on the Site without any prior notice. Your continued use and/or access of the Site shall constitute your continuing acceptance of the TOU and any and all such revisions that the Company may make to the TOU from time to time.
You are advised to visit this page regularly to check on the changes and amendments of the TOU applicable to you. Your use and/or access to the Site and the Services (as defined below) will be terminated upon receipt of your notice to the Company that any revision to the TOU is unacceptable.
1. General Terms
1.1 The Site has been provided as an online platform for you, whether as an individual, a partnership, a company or an organization, who register with the Site (collectively referred to as the “Users” and each a “User”) to:-
i) post listings, messages and services or products which you wish to advertise or offer to other Users, whether in the form of text, graphics, audio, video or otherwise (hereinafter referred to as “Materials”),
ii.) view other Users’ Materials,
iii.) buy other Users’ Materials,
and all other services which the Company may provide from time to time (collectively, the “Services”).
1.2 After register as a Registered User, you can start to list your business, products or services.
2. Your Use of the Site
2.1 You undertake that:-
2.1.1 you will not violate or to attempt to violate the security of the Site including, without limitation, by accessing data not intended for you or logging into a server or account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with the provision of Services to any User, host or network or sending unsolicited e-mail. You acknowledge that any violation of system or network security may result in civil or criminal liability and you understand that the Company shall not hesitate to take all necessary steps to enforce its rights against you in its sole discretion;
2.1.2 you will not use the Site to post, transmit, distribute or store material in violation of any applicable law or regulation, including without limitation any material that will infringe the rights including without limitation proprietary rights of other persons or entities, regardless of whether such persons or entities are Users;
2.1.3 you will not print, download, duplicate, reproduce or otherwise copy, or adapt or modify any personally identifiable information about other Users as obtained from the Site;
2.1.4 you will not use the Site to post, transmit, distribute or store Material that is false, inaccurate, misleading or libelous;
2.1.5 you will not post, transmit, distribute or store Material that contain viruses, bugs, worms, time bombs, Trojan horses, trap doors or anything which may affect the Site in any way whatsoever;
2.1.6 you will not collude with or against another person or entity in restraint of trade or competition, regardless of whether such person or entity is a User;
2.1.7 you will not do anything to affect the Company’s standing and goodwill with its partners including without limitation its service providers.
2.2 You shall not use the Site if you have not reached the age of majority in your jurisdiction and/or if you do not have legal capacity to enter into legally binding contracts.
2.3 You warrant that all information provided upon registering at the Site are true, accurate, current, and complete and that you will update such information to keep it true, accurate, current and complete. Any information provided which is untrue, inaccurate, not current and/or incomplete shall be rectified immediately upon discovery failing which the Company shall have the right to suspend or terminate your rights hereinunder.
2.4 If you have registered as a User on behalf of a partnership, a company or an organisation, you warrant that you have the authority to agree to accept the TOU on its behalf and that you shall cease use of this Site when you no longer have such authority, or if the partnership, company or organisation is no longer live and/or ceases to exist and notify the Company of the same.
2.5 You may not send unsolicited communications, whether in bulk or otherwise, to any other User or non-User, whether via the Site or otherwise.
2.6 You are solely responsible for keeping your user identification and password confidential and for all activities that occur under your user identification and password.
2.7 If you are an individual, you agree not to pose your social security number, your identity card number, or passport number on the Site.
2.8 You acknowledge that you will comply with all applicable laws and regulations which may apply to you in your jurisdiction.
By posting Materials on the Site, you hereby agree to grant to the Company a non-exclusive, worldwide, irrevocable, royalty-free licence to the unconditional use, reproduction, modification and/or adaptation of the Materials whether in whole or in part.
4. Intellectual Property Rights
All rights in and to the text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Site belong to the Company or are used by the Company with permission. These materials may be protected by applicable laws and regulations and you agree not to use, reproduce, modify and/or adapt such materials in anyway whatsoever without the express written permission of the Company.
5. The Site
5.1 You acknowledge that the Company does not have control over the Materials posted by Users and is under no obligation to screen or monitor any Materials. You agree and acknowledge that the Company does not take any responsibility whatsoever for the truthfulness, accuracy or reliability of the Materials or the merchantability or fitness for particular purpose of the services and products.
5.2 You agree and acknowledge that the Company may, at its sole option, screen and/or monitor Materials posted on the Site and the Company shall have the right to, without assigning any reason whatsoever, modify the Materials or remove such Materials permanently or until such time as you have modified it to the satisfaction of the Company in its sole discretion.
5.3 You acknowledge that the Company has no control over the Users and their actions or inactions, and the Company does not warrant that the Materials will be viewed by any specific number of persons or that it will be viewed by any specific persons or class of persons.
5.4 The Company is not responsible for any improper use of the Materials you post on the Site. You agree and acknowledge that you are solely responsible for the Materials you post.
5.5 The Company is not a party of nor is it involved in any actual transaction between you and other Users.
5.6 The Company shall have the right to limit your use and/or access to the Site and to the Services, including the period of time that Materials are posted on the Site, the amount of Materials posted, the size of the contents of the Materials, email messages or any other contents. You acknowledge that the Company shall not be held liable to you or any party for any modification, suspension or discontinuance of the Services and/or Site.
6. Linked Sites
The Site may contain links to Linked Sites which have been provided solely for your convenience and is not in any way a recommendation or endorsement by the Company of such Linked Sites and the contents therein and you acknowledge that the Company has no control over such Linked Sites.
7. Indemnity and Warranty
7.1 The Company does not warrant that the Site will operate error-free or that it is free of viruses or other harmful codes or programmes. The Company shall not be responsible for any equipment or data that is damaged or lost pursuant to your use and/or access of the Site or Linked Sites.
7.2 The Site is provided on an “AS IS” basis without any warranties of any kind and the Company disclaims all warranties, guarantees of any kind including the accuracy, reliability, completeness or timeliness of the Site and the Materials to the fullest extent permitted by law and any reliance thereon by you shall be at your sole risk.
7.3 You agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, actions, demands, losses or damages arising from your use, inability to use, access and/or inability to access the Site, the Services, the Materials and Linked Sites, whether directly or indirectly.
8.1 The Company has the right to restrict, suspend or terminate your use and/or access to the Site, without notice whatsoever and the Company shall have no obligation to return any Materials regardless of whether such restriction, suspension or termination of your use and/or access to the Services is a result of the cessation of the Services and/or the Site.
8.2 In the event of your breach of any obligations hereinunder or for violating any applicable laws or regulations, the Company reserves the right to remove any Materials posted on the Site, and/or suspend or terminate your rights to the use and/or access of the Site or part thereof in the Company’s sole discretion without any notice, compensation or recourse to you.
Any failure by the Company to enforce any clause of this TOU or any forbearance, delay or indulgence granted by the Company in favour of you shall not be construed as a waiver by the Company of its rights hereinunder.
10. Agency and Partnership
This TOU shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in herein.
11. Governing Law and Jurisdiction
12.1 All disputes, controversies or differences arising from, out of or in relation to the clauses in this TOU shall be finally settled by arbitration in Malaysia before a single arbitrator in accordance with the rules of the Kuala Lumpur Regional Centre for Arbitration that may be in force from time to time.
12.2 The decision of the arbitrator shall be final and binding. The language of the arbitration shall be Proceedings are conducted in either Bahasa Melayu or English.
12.3 For the avoidance of doubt, nothing herein shall prevent the Company from commencing proceedings for the purposes of obtaining an injunction against you in the event that you fail to comply with any provisions of this TOU, and you hereby expressly consent to the same, and agrees to not raise objections to the application for such injunction by the Company.
13. Rights of Third Parties
A person or entity who is not a party to this TOU shall have no right under the Contracts (Rights of Third Parties) Act or any equivalent statute under any other relevant laws to enforce any term of this TOU, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or successor-in-title of this TOU.
You understand that any violation of the TOU herein may lead to serious consequences and that you will report any incidents of violation to us.
15. MalaysiaYellowPages.Biz’s Right
MalaysiaYellowPages.Biz reserve its discretion right to remove or delete any listing which it feels has violating the TOU or public law in Malaysia without giving any prior notice and reason and the company’s decision is final. MalaysiaYellowPages.Biz disclaims any responsibility on such listing and no refund of payment will be made under such circumstances.