Jomheboh | Malaysian Auction Center

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06 Jan. 2009

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Clothing & Accessories

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Terms and Conditions

	TERMS AND CONDITIONS Welcome to JOMHEBOH, Malaysian auction center. These terms and conditions are intended to assist keep JOMHEBOH a safe place to trade. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which JOMHEBOH Limited offers you access to the Services and the Website. By registering as a member of JOMHEBOH you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by JOMHEBOH from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'item', 'items' means goods or property that may be bought or sold through the auction or classified process; 'member' means a registered member of JOMHEBOH; 'Services' means any one or more of the services offered by JOMHEBOH Limited from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that JOMHEBOH may offer; 'we', 'us' and 'our' are a reference to JOMHEBOH Limited; 'you' and 'your' are a reference to you; 'Website' means any JOMHEBOH website through which the services are offered; 'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; 'seller' includes any person placing a listing. • SPECIFIC WARNINGS 2.1 The services: JOMHEBOH provides a venue to introduce members who want to buy and sell items. JOMHEBOH does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, JOMHEBOH is not an auctioneer. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that JOMHEBOH takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. JOMHEBOH gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including: a. about ownership of any item; b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website; c. as to the accuracy or truth of listings; d. that any item will meet your requirements or expectations; or e. about the ability of members to complete a transaction, including credit card transactions. 2.3 Disclaimer: You expressly understand and agree that: a. your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. JOMHEBOH disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; b. JOMHEBOH does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; c. no advice or information that is obtained by you from JOMHEBOH or anyone else shall create any warranty by JOMHEBOH that is not expressly stated in the terms and conditions; and d. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute JOMHEBOH 's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. e. while JOMHEBOH may facilitate payment for some items by credit card, JOMHEBOH in no way involved in the transaction itself, and responsibility for any refund rests with the seller. f. while JOMHEBOH has systems in place to reduce the risk of credit card fraud, JOMHEBOH is not responsible for protecting members from credit card fraud. JOMHEBOH’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means. 2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of JOMHEBOH to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. JOMHEBOH 's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction. 2.6 Breach: Without limiting any other rights and remedies available to JOMHEBOH, JOMHEBOH may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where JOMHEBOH considers it appropriate. 2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies and Job Listing Policies form part of these terms and conditions. • BECOMING A MEMBER 3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Malaysia and can form a legally binding contract that is enforceable against you. For example, you must be 16 years old. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by JOMHEBOH to ensure it is kept current at all times. JOMHEBOH may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at JOMHEBOH 's discretion, you may create a business membership in addition to your personal membership. 3.3 Termination of membership: JOMHEBOH reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, JOMHEBOH may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: a. not to permit any other person to use your user name or membership; and b. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership. 3.5 Emails and newsletters: JOMHEBOH will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other JOMHEBOH products and services to you. JOMHEBOH may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. • GENERAL RULES 4.1 General a. All listings, bids or communications made through JOMHEBOH shall be made in good faith. b. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. c. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose. d. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the JOMHEBOH message boards. e. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details. f. You must list auctions and classifieds in Malaysian Ringgit (MYR).You must not complete a transaction outside of the JOMHEBOH process or otherwise seek to avoid JOMHEBOH 's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in JOMHEBOH suspending or terminating your membership at the discretion of JOMHEBOH. g. Contracts for the sale of land must be in writing to be legally enforceable. h. You must not use the Services or the Website to promote items for sale outside the Services. i. You are responsible for any actions taken through your membership. JOMHEBOH memberships are not transferable and therefore can not be sold, leased, lent or traded. 4.2 Your obligations as a seller a. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. b. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. In the case of automobiles that are offshore or in transit to Malaysia you must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in Malaysia. c. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. d. To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. e. When you list an item for auction on JOMHEBOH, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason. f. JOMHEBOH classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job. g. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use JOMHEBOH listings to promote a business or website other than one for sale in your listing. h. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes. i. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. j. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. k. For classifieds, you may choose to sell to any buyer at your discretion. l. You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category. m. Listings are not pre-screened for content. JOMHEBOH reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. n. You agree to your email address being supplied to the buyer when your auction closes. o. You must promptly forward the listed item to the successful buyer on completion of the transaction. p. You must not charge unreasonable amounts for shipping and packaging costs. q. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification . It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of MYR3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication 4.3 Your obligations as a buyer a. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. b. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. c. You must make full and prompt payment for any item you buy. d. You agree to your username and the amount of your bid being publicly shown on the JOMHEBOH Website. You also agree to your email address being supplied to the seller when you win an auction. e. If your bid is successful and you do not pay for the item, you will receive a warning from JOMHEBOH if the seller complains about you. After 3 such complaints, JOMHEBOH may suspend or terminate your membership. f. You must only access the Adult category if you are at least 16 years old. g. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction. 4.4 Feedback a. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. JOMHEBOH reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. b. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. c. You must not post feedback about yourself or include any contact details or personal information in your feedback. d. Feedback is provided for the sole purpose of facilitating trading between members on the JOMHEBOH Website. You must not market or export any feedback to any venue other than the JOMHEBOH Website. Linking to your JOMHEBOH feedback from other buying and selling websites will be considered a breach of our terms and conditions. • FEES AND ACCOUNTS 5.1 JOMHEBOH Listing Fees and Success Fees a. JOMHEBOH charges fees for the use of the Website as a venue. b. JOMHEBOH's current fees are listed on our fees page in the site fee section. c. Any non-commission listing fees are charged at the time of listing and are not refundable. JOMHEBOH may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. JOMHEBOH will only issue refunds in the form of credit to the JOMHEBOH account of the member. Cash refunds will not be issued. Credits on accounts with JOMHEBOH are not transferable between members. d. JOMHEBOH reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. e. JOMHEBOH reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party. f. Before listing an item, you should review JOMHEBOH's fees to ensure you are aware of the fees that you will incur. g. You must pay the fees immediately upon demand by JOMHEBOH. • GENERAL PROVISIONS 6.1 System Integrity: JOMHEBOH will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, JOMHEBOH takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, JOMHEBOH assumes no responsibility for the corruption of any data or information held by JOMHEBOH. 6.2 Resolution of disputes: As JOMHEBOH is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, JOMHEBOH in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided. 6.3 JOMHEBOH Message Boards: JOMHEBOH provides Message Boards for the use of JOMHEBOH members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. JOMHEBOH is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements. 6.4 Force Majeure: Without prejudice to clause 2.3(a), JOMHEBOH has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of JOMHEBOH to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of JOMHEBOH. 6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.7 Intellectual Property Rights: JOMHEBOH (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. a. You may not without our prior written permission, in any form or by any means: 6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.9 Privacy: JOMHEBOH collects personal information about you through your use of the Services and the Website, including: • your registration details; and • information relating to your use of the Website and the content you access. You agree that JOMHEBOH may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other JOMHEBOH products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of JOMHEBOH Limited, our users, or others. Please review our privacy policy.
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