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Terms and Conditions

These Terms and Conditions governing the use of the UBID.MY website shall apply to all users of the UBID.COM.MY website whether or not they participate in PennyAuction (“Auctions”).

This website means UBID.MY or any other address as shall be determined and notified by GENESIS MERCHANT SDN BHD ("Website Provider") from time to time.  

1.         General Terms and Conditions of Use:

1.1      By using http://www.ubid.my (“the Website”), Customer agree to be bound by the following Terms and Conditions of Use (“Terms and Conditions”) herein and all supplements, amendments and variations shall collectively constitute the agreement between YOU (“the Customer”), and the Website Provider (“the Agreement”), and shall apply to the bid on products and/or services auctioned on the Website (“the PennyAuction Services”).   

1.2       Pursuant to these Terms and Conditions, the Website Provider suggests that the Customer visits and browses the “FAQ on bidding process” of the Website for the PennyAuction Services to bid on products or services ready for the auction process on the Website. If Customer is the winning bidder, the Website Provider would also suggest that the Customer visits and browses the “FAQ on payments” for paying for the item(s) won at the Auction through a payment processing software, and upon receipt of payment, the Website Provider will arrange for the delivery of the item(s) to Customer subject to compliance to Clause 4 hereof. 
1.3       Anyone who opens a user account with the Website in any manner permitted by the Website Provider on the Website becomes a Customer of the Website subject to the Terms and Conditions, in particular Clause 4 hereof on users of this Website. Customers agree to abide by these Terms and Conditions upon opening a user account, and if approved by the Website Provider. 
1.4       Customer must register as a user of the Website by completing and confirming a registration questionnaire. During the registration process, Customer will be required to select a username (“ID”) and a password. Duplicate user names is NOT be permitted, and individual usernames will be awarded on a first-come, first-serve basis. Customer having multiple accounts would be blocked from the Website, and subject to termination of use of the PennyAuction Services on the Website. The Site Provider reserves the right to refuse to issue or to cancel any username that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever. The expression “Multiple Accounts” shall mean one (1) Customer having one (1) ID registered for more than one (1) account with the Website Provider. 

1.5       Customer undertakes not to disclose any information of any Customer which permits access into the Customer user account to the others. Any third party who uses the Customer account information shall do so at their own risk, and acknowledged that NO liability (civil and criminal) shall be imposed onto the Site Provider. In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer agrees to delete such material or data and further agrees to notify the Website Provider immediately. 
1.6.      To the fullest extent permissible under the law, the Customer agrees to use the PennyAuction Services offered on the Website, subject to these Terms and Conditions. 
1.7       The Website Provider shall not be liable for damages caused by Customer unlawful activities and/or unacceptable conduct. Any user of the Website who engages in unlawful activities shall be liable to the Website Provider for any losses and/or expenses caused by such activity, including reasonable collection fees, lawyers’ fees, incidentals, court costs, and such costs and expenses arising from the Customer’s unlawful activities and/or unacceptable conduct herein.

Examples of unacceptable conduct include, but not be limited to, hacking the software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. 

1.8       As a winning bidder, Customer shall pay the amount invoiced to Customer, and such

payment shall be made through an e-payment method supported by a service provider at ipay88.com.my. The Website Provider will notify the Customer on the Website of changes, if any, to this service provider.   

1.9.      Customer agrees not to damage, interfere with, or corrupt the Website or its normal functioning. 

1.10     Customer agrees not to collect and/or retain any information about other users on and off the Website, including e-mail addresses, without the consent of such users, and/or the Website Provider. 

1.11     When using the PennyAuction Services offered on the Website, the Customer agrees to disclose only truthful and correct information. 

1.12     Customer agrees not to use the Website to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by the Website Provider. The Website Provider reserves the right to take any measures deemed appropriate to stop the Customer from misusing the Website. 

1.13     Customer understands and accepts that the Website Provider is not an agent, employee, broker, or representative of the Customer. Customer also understands that the Website Provider does not owe the Customer any duties other that those expressly set forth in these Terms and Conditions.       
1.14     The Website Provider reserves the right to revoke any contract entered into with the Customer if the Customer engages in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of the Website, as well as the use of the Website to harass others or to foist pyramid schemes on others, and such other misconduct beyond the comprehension of the Website Provider that compromises the Website and the position of the Website Provider. In responding to inappropriate conduct of the Customer, the Website Provider may block the usage of the Website and/or close the user account that is the source of the inappropriate conduct in question, and the Website Provider also reserves the right to refer the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or may take any other action deemed appropriate. 
1.15     The Customer shall not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or Website marks used in an infringement act. 
1.16    Customer shall not interfere with other users in any way on the Website. 
1.17     Customer shall not submit or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features onto the Website. 

1.18     Customer shall not collect by any means contact information from the Website for use related to commercial e-mail (SPAM). 

2.         Processing Customer Personal Data

2.1       Upon opening a user account, Customer is agreed to the disclosure of the Customer’s personal data and hereby grants the Website Provider consent to process the information communicated by Customer in accordance with the Terms and Conditions including but not limited to any event as required and permitted by law.

2.2       The Customer may withdraw the consent referred to in Clause 2.1 above and request discontinuation of the processing of Customer’s personal data. Withdrawal of consent shall not have aretroactive effect. 
2.3      In order to provide the Customer with the wide range of products and/or services offered under the PennyAuction Services on the Website, it is necessary for information about the Customer (“Data”) to be made known or available to the Website Provider, its subsidiary, if any, and its authorized agents, suppliers, and service companies that provides support to Website including but not limited to securing and developing the quality and availability of the PennyAuction Services by the Website Provider, and debt collection, Court orders, and the bid made by the Customer featured in the Website. 

2.4      The Website Provider shall use the Data collected from Customer to deliver to the Customer the advertisements and offers to the Customer’s e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to the Customer. The Website Provider, with the Data, shall also collate, develop, and personalize the PennyAuction Services to Customer. 
2.5      Whilst the Website Provider will take reasonable care and use its’ best endeavor to ensure the Data transmitted and received is secure, and the Customer acknowledges the risks involved in using the Website, the Website Provider cannot guarantee the security of the Data and that it may not be accessed by unauthorized third parties. The Customer agrees not to hold the Website Provider responsible for any loss or damage suffered arising from the disclosures as specified herein. 

2.6       The Customer’s Data will not disclosed to third parties for purposes other than the above and only such Data as is required will be provided. 
2.7       If the Customer does not agree to revealing or divulging the Data and Customer’s personal information as in Clause 2.1 within the Website Provider and its authorized agents, suppliers, vendors and service companies, the Customer shall notify the Website Provider in writing at support@ubid.com.my 
3.         Intellectual Property

3.1       This Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property rights of the Website Provider in the Website encompassing all information, details, graphics, data files, text, sound recordings and arrangements of the same are the wholly owned and copyrighted work of the Website Provider, and shall vest and belong to the Website Provider. 
3.2       None of the materials posted herein shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Website Provider. 

3.3       Customers who post their own proprietary information on the Website thereby grant consent and a license to the Website Provider to use that proprietary information on the Website at no cost to the Website Provider, its agents, or assigns. The Website Provider has the exclusive right to use anything posted by the Customer on the Website in any way it deems appropriate on the Website. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public. 
3.4       In the event of a breach of the intellectual property rights hereunder these Terms and Conditions, the Website Provider may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief. 

4.         Requirements Needed to Participate

4.1.      CUSTOMER MUST BE EIGHTEEN (18) YEARS AND OVER OF AGE.

4.1.1    ACCORDINGLY, CUSTOMER WARRANT AND REPRESENT THAT CUSTOMER IS EIGHTEEN (18) YEARS AND OVER OF AGE TO USE THIS WEBSITE.

4.1.2    PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE.

4.1.3    ANY USER FOUND TO BE UNDER THE AGE OF EIGHTEEN (18), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY BE TAKEN.

4.2       You are not an employee of the Website Provider, or an employee of a Website Provider subsidiary.

4.3       You are not involved in any part of the execution or administration of this Website.

4.4       You are not an immediate family member of (parent, sibling, spouse, child) or household member of a Website Provider employee, an employee of a Website Provider subsidiary, or a person involved in any part of the administration and execution of this Website.

4.5       You are a resident of Malaysia and have a valid address in Malaysia.

4.6       The Customer further warrants that Customer is not an agent of the Website Provider, and if so, the agent of the Website Provider shall close the account on this Website, failing which, Website Provider shall automatically terminate this account.

4.7       The Customer may participate in the auctions held on the Website by making bids which the Customer can buy through any means available on the Website (such as credit card payments, e-bank transfers, PayPal, etc.).

4.8       All electronic payment services are available to the Customer on the Website for the PennyAuction Services provided the Customer has registered with the Website Provider.

4.9       Bid via text message is not permitted.

4.10     Auctions start at 10:00 a.m. local Malaysian time every day and closed for the day at 12:00 a.m. local Malaysian time (“Auction Hours”). The Auction Hours will re-open the next day, and continue again on at 10:00 a.m. local Malaysian time, and the highest bidder will remain its position. All Auctions are active from 10:00 a.m. local Malaysian time until 12:00 a.m. local Malaysian time unless otherwise stated by the Website Provider.  In the event of other Auctions as in a special 24-hour auction, and separately marked, will be notified by the Website Provider. Therefore, the Auction Hours are disregarded. For the special 24-hour auction, the Auction shall continue for as long as bids are made.

4.11     The Website Provider may block, suspend, close or cancel Auctions if the Website Provider’s computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the Auction. Where an Auction cannot be restored, the sole remedy available to the Customer shall be the reimbursement of any fees paid when making bids on the Auction.

4.12      In addition to the Terms and Conditions herein, the Website Provider shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings : -

4.12.1   Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;

4.12.2   Interference by computer virus, corrupted data, malfunctions;

4.12.3   Any failure or delay attributable to the PennyAuction Services by its service provider;

4.12.4   Failure or delay due to causes beyond the control of the  Website Provider including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;

4.12.5   Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website;

4.12.6   Any operation malfunctions or defects of the Customer’s computer terminal, systems or software used in accessing the Website;

4.12.7   Any access, use or inability to access or use this Website and/or any other website linked to this Website.

4.13      The Website Provider shall not be responsible for any losses if the Website is not made available on the Auction Hours or otherwise.  

4.14      The Website Provider shall not interfere with the Auctions in any manner.

4.15      The opening price of each item put up for Auction shall begin at RM0.00. The price of the item shall increase by RM0.01 with each bid. The bidding time (“Bidding Time”) will be displayed in a box near the item being sold at the Auction. The length of the Bidding Time is fixed for each Auction. Each new bid extends the Bidding Time by extending the remaining time because the Bidding Time starts anew after every bid. By bidding on the Auction, the Customer makes an offer to the Website Provider and the Website Provider accepts the offer to purchase the item being offered from the Customer.

4.16      The Auction ends when no more bids are received within the time specified on the Website. At the end of the Auction, the Customer will be considered the winning bidder only if the Customer has submitted the last bid during the Bidding Time. If the Customer is the winning bidder, the Customer’s username will be displayed in a box near the item sold at the Auction, and an enforceable sales contract for the item sold at the Auction shall be deemed concluded between the Website Provider and Customer.

4.17      The Customer agrees that if the Customer is the winning bidder the Customer will pay the final price of the item within three (3) days after confirmation via e-mail. If the Customer fails to pay for the item by the specified due date, the Website Provider may withdraw from the sales contract for the item without any notice, and thereafter the Website Provider reserves the right to deal with the said item as it deems fit.

4.18      The Customer agrees to acquire the right to purchase at a maximum of twelve (12) items (included free bids) at the Website per calendar month.

4.19       If the Customer is the winning bidder, an invoice including the auction ending price will be sent to the Customer’s e-mail address. The Website Provider shall arrange the delivery of the purchased item to the mailing address provided by the Customer within fourteen (14) days from the date on which the full payment is received. The Customer shall have to pay for shipping charges cost, if relevant, on the purchased item. Each item put on Auction has delivery prices specified for different areas within Malaysia. Items will be delivered ONLY within Malaysia. If for any reason whatsoever The Website Provider is not able to source and send the item won on auction during 14 days, the Website Provider will agree with the Customer to replace the won item with an equivalent product. If the Website Provider and the Customer are not able to reach concensus over the replacement product, the Website Provider has the right to compensate the Customer the retail value that is specified under the auction. By mutual agreement between the Website Provider and the Customer the compensation will be either in free bids or in cash. 

4.20      In the event that the item purchased is defective or damaged in transit, the Customer must inform by e-mail to the Website Provider at support@ubid.com.my of that fact within three (3) days after receiving the purchased item. The Customer must include in the Customer’s e-mail the purchased item number, Customer user name and the date of purchase.  The Website Provider will respond within 48 hours with further instructions once in receipt of the Customer’s email.

4.21      Buyer may return the item purchased at the Auction to the Website Provider within three (3) days after receipt. Item must be in the original package, unused and not damaged. However, the cost of the bids of that auction and the cost of returning the item shall not be refunded. We will only refund the final price from the invoice.

4.22     Credits used to make bids are not refundable. NO EXCEPTIONS. Customer should only buy as many bids as the Customer is comfortable spending on the Auction.

4.23     Each bid costs one (1) credit and raises the price of the product by RM0.01.

4.24     Only one (1) user account per household is allowed. Bids that are made from different accounts but identical ip-address will be interpreted as coming from one (1) household and will be cosidered void.

4.25     We periodically check our members list. If we find that Customer has registered more than one account per household, the Customer’s account(s) will be removed and any items that were won will be forfeited and not shipped. Also, the Customer will be banned from our system.

5.         Manufacturer’s Warranty

5.1       The Customer acknowledges and agrees that the Customer shall deal directly with the manufacturer on any warranty issues attached onto any purchased item won on the Website.  

5.2       The Customer agrees that the Website is an avenue for the Customer to participate in the PennyAuction Services, and further agrees that the Website Provider is immune from any liability for damages, loss and/or expense to the fullest extent contemplated under the law including but not limited to any damages caused by:

5.2.1    The misuse or use of an item in any manner or its use in any unreasonable manner;

5.2.2    Normal wear and tear of the item;

5.2.3    Willful or negligent damage to the item, the risk of which is borne by the Customer; and

5.2.4    Assumption of the risk by the harmed person.

5.3       If the item proves to be non-conforming or defective, the Website Provider has the option to replace the item with a conforming, non-defective item. Items replaced during the warranty period are supplied with a new warranty equal to the duration of the original sales warranty. If an item is first repaired during the warranty period, the sales warranty shall be extended by the period of repairs. 
 

6.         Amendment of Terms and Conditions

6.1       The Website Provider may unilaterally amend and add to these Terms and Conditions by publishing a relevant notice and the amended and/or added to the Terms and Conditions on the Website.

6.2       Amendments or additions to the Terms and Conditions shall enter into force immediately upon their publication on the Website.

6.3       The Customer should be able to view the revised Terms and Conditions upon access to the PennyAuction Services at this Website, and the use of the PennyAuction Services thereafter shall constitute the Customer’s consent and acceptance to the variations, amendments and/or additions, supplements therein after appearing.

7.         Termination of Using the Services

7.1       Customer may terminate the use of the PennyAuction Services and close Customer user account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until Customer completely discharge them by paying for any outstanding purchases and any applicable taxes or delivery charges.

7.2       The Website Provider reserves the right to terminate the Customer from using the Website and the Customer’s account at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that the Customer has engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of Clause 4 hereof.

8.         Final Provisions

8.1       In addition to these Terms and Conditions, the relationship between Customer and Website Provider shall be governed by the Website price list for the PennyAuction Services.

8.2       Any disputes arising from the use of the Website shall be settled by negotiations. If negotiations fail, the dispute shall be settled by the court of law.

8.3.      These Terms and Conditions constitute the entire agreement between the Website Provider and Customer.

8.4.      The Website is managed by the Website Provider. Any questions or concerns please e-mail support@ubid.my

9.         Indemnity

9.1       The Customer agrees to fully indemnify the Website Provider against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by the Website Provider in respect of the Customer’s unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the Customer’s obligations under the Terms and Conditions as provided herein.

9.2       The Customer further agrees that the Website Provider shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify the Website Provider from any liability claim, loss, damage or expense of any kind relating to or arising out of third party rights thereof.

9.3       This indemnity by the Customer herein shall survive the termination of any of the PennyAuction Services to the Customer.

10.       Restrictions

10.1     Without assuming the responsibility therefore, the Website Provider reserves the right to restrict conduct and/or take measures against conduct, which the Website Provider shall deem in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the PennyAuction Service or adversely affects the Website Provider, its business or software in any manner whatsoever.

11.       Disclaimer

11.1     Notwithstanding the information, materials and contents given herein on this Website and/or on the PennyAuction Services and/or web links on the Website (‘Postings”), the Customer agrees that the Postings herein is provided on an “as is” basis and are of a general nature and shall be subject to the Customer’s obligation to take independent legal advice, or other advice as the Customer shall deem necessary.

11.2     The Website Provider, its employees, and its authorized agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the PennyAuction Services or products transacted on the Website.

11.3     The Website Provider does not warrant or represent that access to the Website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer’s computer system.

12.       Law and Jurisdiction

12.1     The use of the PennyAuction Services on this Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the PennyAuction Services on this Website may be accessed in other jurisdiction and not restricted to Malaysia.

12.2     The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer’s jurisdiction in respect of the use of the PennyAuction Services.