USER AGREEMENT
This User Agreement (or
“Agreement”) is a legal agreement between you and Key Elite Sdn Bhd or
“oobey.com” or “us” of Wisma CNI, No. 2 Jalan U1/17, Seksyen U1,
Hicom-Glenmarie Industrial Park, 40000 Shah Alam, Selangor Darul Ehsan,
Malaysia and governs your participation on http://www.oobey.com/
(the “Site”) and it’s sister sites.
For purposes of this Agreement, a
“User” is any person who accesses the Site for whatever purpose, regardless of
whether the said User has registered with oobey.com as a registered User or
whether the said User is a paying customer for a specific service provided by
oobey.com or a purchaser of products listed on the Site. A User also includes the person using this Site
and any legal entity or firm or body or corporation which may be represented by
such person under actual or apparent authority.
You must read, agree with and
accept all of the terms and conditions contained in this User Agreement and the
Privacy Policy, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may become a member of
oobey.com. 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 and conditions that apply to you as an oobey.com
user. If you do not agree with the terms
and conditions in this Agreement, please do not use or access our
services/Site.
If you have any questions that our
frequently asked questions or help section cannot answer, please contact info@oobey.com
This Agreement helps to keep this
Site a safe place for transactions. We would
like to build this Site on trust, and this Agreement helps ensure that trust
amongst all members of the community.
We may amend this Agreement either
by emailing you the amended terms or by posting the amended terms on our Site,
and the amendments shall take effect when we send you the email or the amended
terms are posted on our Site. Your
continued use or access to our Site after any such amendment constitutes that
you acknowledge this Agreement and any modifications; and you agree to be bound
and abide by this Agreement, including terms of the amended Agreement.
A Note
About Minors
Our services are available only to,
and may only be used by individuals who have the capacity to form legally
binding contracts. Without limiting the
foregoing, our services are not available to children (persons under the age of
18) or to temporarily or indefinitely suspended oobey.com 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, access or register at our Site. We reserve the right to terminate your
membership in the event that we become aware you are under 18.
Membership
You may become a “Member” of
oobey.com, which may grant you additional privileges, by completing the
membership application form and clicking here.
By becoming a member you agree that we may contact you from time to time
for the purpose of informing you of the changes to this Agreement or keeping
you up to date with new services or products available on the Site or other
information, products or services or sending you promotional materials and
information.
Upon registration at our Site, each
user will have their own User ID and Password.
You agree not to disclose your User ID and Password to any third
party. You agree to take sole
responsibility for any actions or activities taken under that User ID /
Password. You will immediately notify
oobey.com of any unauthorized use of your User ID / Password.
If you are registering as a
business entity, you represent that you have the authority to bind the entity
to this Agreement.
Use of this Site is entirely at the
user’s own risk.
oobey.com may terminate a
membership for any reason, including if the Member fails to comply with these
terms and conditions:
·
Supplies
any misleading or false information or makes any misrepresentations or false
representation to oobey.com or to any participating company; or
·
Abuses
any privilege accorded to the Member under the services; or
·
Engages
in any fraudulent activities; or
·
Does
not use his / her Membership for a period of 1 year and more; or
·
Is
deceased or is declared a bankrupt; or
·
Displays
inappropriate behaviour against any member of oobey.com staff
Termination of Membership will
result in forfeiture of remaining points in the Member’s Account. oobey.com reserves the right to send Points
Summary Statement, catalogues and other promotional literature to a Member at
its own discretion.
Any tax arising from a Member’s
participation in the Site is their responsibility.
Fees &
Services
Joining oobey.com is FREE. However, we may change our Fees and Credits
Policy and the fees for our services from time to time. 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
oobey.com may from time to time
review and improve how members can access the Site. Such changes will be posted on the Site and
shall be binding on all members upon its implementation.
Content
oobey.com does not warrant that
product descriptions, pricing, editorial commentary or any other content of the
Site, regardless of its source, is accurate, complete, reliable, current or
error-free. It is solely the Member’s
responsibility to evaluate the accuracy and completeness of all information and
the quality of products and services offered through the Site. oobey.com assumes no liability for inaccuracy
or incompleteness in its search results, editorial content, user ratings or
other content on the Site.
In general, sales taxes and
shipping costs are estimates based on the geographical location of your address
provided. You should provide your actual
zip code if you would like to improve the accuracy of the sales tax and
shipping cost estimates.
Consumer review and ratings on the
Site are from our members who have elected to post a review on the Site. As such, these review and ratings are
informative for those wishing to use them, but they do not guarantee any level
of performance by a merchant in any given transaction.
You may download, view and print a
single copy of any other content, solely for your personal and non-commercial purposes,
subject to the restrictions set forth in this Agreement. All rights, title, and interest in and to
oobey.com, and any other content appearing on the Site will remain the
exclusive property of Key Elite Sdn Bhd and its licensors. Except as expressly permitted in this
Agreement, you may not reproduce, modify or prepare derivative works based
upon, distribute, sell, transfer, publicly display, publicly perform, transmit,
or otherwise use the Site, or any other content appearing on the Site. You may not copy or modify the HTML code used
to generate web pages on the Site. You
may not use the Site, or any other content appearing on the Site, on or in
connection with any other website, for any purpose.
ACCESS & INTERFERENCE
Our Site contains robot exclusion
headers and you agree that you will not use or induce the use of any robot,
spider, other automatic device, or manual process to monitor or copy our Site
or the content contained therein without our prior express written permission. You agree that you will not use or induce the
use of any device, software or routine to bypass our robot exclusion headers,
or to interfere or attempt to interfere with the proper working of our
Site. You agree that you will not take
any action that imposes or may lead to an unreasonable or disproportionately
large load on our infrastructure. Much
of the information on our Site is updated on real time basis and is proprietary
or is licensed to oobey.com by our users or third parties. You agree that you will not and will not
induce others to copy, reproduce, alter, modify, create derivative works, or
publicly display any content from our Site without prior expressed written
permission of oobey.com.
BUYING
By purchasing an item, you agree to
be bound by the conditions of sale included in the item’s description in
addition to this User Agreement. You
will become the item’s lawful owner upon physical receipt of the item. Purchase is not retractable.
BREACH
Without limiting our other
remedies, we may issue a warning, summarily suspend or terminate your user
registration/ID and refuse to provide our services to you without notice to you
if:
·
You
breach this Agreement or the documents/terms incorporated by reference
·
We
are unable to verify or authenticate any information you provide to us
·
We
believe that your actions may cause legal liability for you, our users or us.
COPYRIGHTS
All content available on the Site,
including Site design, text, graphics, interfaces, and the selection of
arrangements thereof is copyrighted by Key Elite Sdn Bhd with all rights
reserved, or is the property of oobey.com or third parties protected by
intellectual property rights.
oobey.com’s service marks/trademarks may not be used in connection with
any product or service that is not provided by the Site, in any matter that is
likely to cause confusion among customers, or in any manner that disparages or
discredits oobey.com. If you believe
content on the oobey.com infringes your copyright, you should send notice of
copyright infringement to us containing the following information to enable us
to act on it.
·
An
identification of the copyrighted work claimed to have been infringed
·
An
identification of the material you claim is infringing supported by
satisfactory documentary evidence
·
Your
address, telephone number and email address
·
A
statement by you that you have a good-faith belief that the dispute use is not
authorized by the copyright owner, its agent or the law
·
A
statement by you that the above information in your notice is accurate, made
under penalty of perjury, and that you are authorized to act on behalf of the
owner of the copyright interest involved
·
Your
signature
The notice should be mailed to: Key Elite Sdn Bhd (Oobey.com)
Wisma
CNI, No. 2 Jalan U1/17, Seksyen U1,
Hicom-Glenmarie Industrial Park
40000 Shah Alam
Selangor
Darul Ehsan
FEEDBACK
You may not take any actions which
may undermine the integrity of the feedback system, such as:
·
leaving
positive feedback on yourself using secondary User IDs or third parties,
·
leaving
negative feedback for other users using secondary accounts or third parties;
·
leaving
negative feedback if a user fails to perform some action that is outside the
scope.
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
NO WARRANTY
oobey.com does not guarantee
continuous, uninterrupted or secure access to our services, and operation of our
website may be interfered with by numerous factors outside our control. We, our subsidiaries, officers, directors,
employees and our suppliers provide the Site and our services ‘as is’ and as
and when available without any warranty of any kind either express or implied
including but not limited to warranties of merchantability, fitness for
purpose, quiet enjoyment, title or non-infringement. We do not promise or warrant that any aspect
of the Site or system will work properly, be uninterrupted, error free or will
be continuously available. To the extent
permissible by law, we exclude 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. You acknowledge sole responsibility for and
assume all risk arising from your use of the Site and its resources.
LIABILITY LIMITS
In no event shall we, our
subsidiaries, officers, directors, employees or our suppliers be liable for any
loss or damage to person or property not due to our willful negligence under
any circumstances whatsoever. We will
also not be liable for any economic losses (including, without limitation, loss
of revenues, profits, contracts, business or anticipated savings), any loss of
goodwill or reputation, or any special, incidental, indirect or consequential
damages (however arising, including negligence) arising out of or in connection
with our Site, our services or products or with this agreement.
Our liability and the liability of
our subsidiaries, officers, directors, employees, and suppliers, to you or any
third parties in any circumstance is limited to the amount paid to us in
respect of the matter giving rise to our liability.
We are not liable and will not be liable
(including liability for negligence) for the acts or omissions of other
providers of telecommunications services or for faults in or failure of their
networks and equipment.
INDEMNITY
By choosing to use this Site, you
agree to undertake fully and effectively to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates, officers, directors, agents
and employees, at all times harmless from any actions, proceedings, costs,
claims or demands, liabilities and expenses whatsoever, (including reasonable
attorneys’ legal and other fees and disbursements) sustained, incurred or paid
by us directly or indirectly, due to or arising out of your breach of this
Agreement (including the documents incorporated by reference), or your
violation of any law or the rights of a third party.
ADDITIONAL TERMS
The Privacy Policy is incorporated
into this Agreement by reference and provides additional terms and conditions
related to specific services offered on the Site.
NOTICES
Unless otherwise explicitly stated,
notices to oobey.com must be sent via email to info@oobey.com
or by registered mail to
Key Elite
Sdn Bhd (for oobey)
Wisma CNI, No. 2 Jalan U1/17, Seksyen U1,
Hicom-Glenmarie Industrial Park
40000 Shah Alam
Selangor
Darul Ehsan
Notices to you will be sent to the
email address that you provide to oobey.com during the registration process
(receipt is deemed 24 hours after an email is sent, unless we receive notice
that the email address is invalid), or such other address as the party shall
specify or by registered mail. Notices
sent by registered mail will be deemed received 14 days following the date of
mailing and notices sent by email shall be deemed to have been received after
the expiry of twenty four (24) hours of its posting through email.
GOVERNING LAW / ARBITRATION
This Agreement and all transactions
effected through the Site shall be governed by and construed in accordance with
Malaysian law and you agree to be subjected to the exclusive jurisdiction of
Malaysian courts subject that if we choose to commence proceedings against you
in your country, you shall submit to the jurisdiction to the courts of
competent jurisdiction in your country.
You shall comply with all
applicable domestic and international laws, statues, ordinances and regulations
regarding your use of our services, listing, purchase, solicitation of offers
to purchase and sale items. There is no
practical way for us to continually monitor the laws of every country, or each
user transaction. Please do not assume
that you are allowed to do what other users do, or that we are approving or
validating any transaction, even if you have successfully made similar sales or
purchases in the past.
DISPUTE RESOLUTION
In the event a dispute arises
between you and oobey.com, our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Disputes between you and oobey.com regarding
our services may be reported to oobey’s Customer Support at www.oobey.com/customerservice. If such dispute or difference, which may
arise between you and oobey.com in connection with or arising out of the
Agreement remains unresolved, is shall be settled by arbitration in accordance
with the Rules for Arbitration of the Kuala Lumpur Regional Arbitration Centre
(“KLRAC”); there shall be one arbitrator, the language of the arbitration shall
be English, the place of arbitration shall be at KLRAC, Kuala Lumpur. The costs of the dispute are borne by the
originator. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The judgment on the arbitration award may be
entered into any court having jurisdiction thereof.
TERMINATION
You can cancel your account at any
time by contacting Customer Service. We
can cancel your account, or otherwise refuse service to you, at any time for
any reason (including repeated infringement).
oobey.com may choose to assume that you intend to terminate your account
if you do not access it for more than 1 year.
THIRD PARTY RIGHTS
A person who is not a party to this
Agreement has no right to enforce any term of this Agreement.
NO AGENCY
You are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this Agreement.
OTHER RULES
You agree to comply with our Privacy
Policy, which are incorporated into this Agreement, and with all laws and
regulations applicable to your access and use of the Site and publishing
content. You may not harvest personal
data (including email addresses) from the Site, and specifically you may not
use email addresses displayed on our Site(s) to ask users to join or contribute
to your services. We have the right to
investigate and prosecute violations of any of the above to the fullest extent
of the law. We may involve and cooperate
with law enforcement authorities in prosecuting users who violate the terms of
this Agreement. You acknowledge that
oobey.com has no obligation to monitor your access to or use of the Site, but
has the right to do so for the purpose of operating the Site to ensure your
compliance with this Agreement, or to comply with applicable law or the order
or requirement of a court, administrative agency or other governmental
body. Unless we explicitly agree
otherwise in writing, you may not use any automated means (such as scripts) to
access the Site or collect information from it.
MESSAGE FROM PARTNERS &
SPONSORS
You acknowledge and agree that www.oobey.com may from time to time work with
our partners to send you promotional messages, great deals or information from
our sponsors. We will for all practical
purpose allow members to unsubscribe from receiving such materials.
GENERAL
If any provision of this Agreement
is held to be invalid or unenforceable by a court of competent jurisdiction,
that provision shall be struck and the remaining provision shall remain in full
force and effect. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
oobey.com.
You agree that this Agreement and
all incorporated agreements may be assigned by oobey.com, in our sole
discretion, to a third party in the event of a merger or acquisition. You and oobey.com are independent
contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement. Headings are for reference purposes only, and
in no way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect
of any 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 use of the Site.