Terms of service
In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any representative accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or representative is accessing the Sites and/or using the Services.
1. Changes to Terms and Policies.
YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES.
2. About Auction2u Live Marketplace.
Auction2u provides a live marketplace for buyers and sellers of certain consumer products. A description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. Although the Services include buy and sell functionality: (1) Auction2u ; (2) although Auction2u might provide historical pricing data, we do not set prices for the items; and (3) Since the sellers set prices, they may be higher than retail value. Any item valuations displayed through the Services are estimates only.
Auction2u does not guarantee that any item will sell. We reserve the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending your account and charging you for costs we incur as a result of the violation. Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share your information with law enforcement and other third parties as part of an investigation related to any alleged violation of law or these Terms, and we may respond to all inquiries initiated by law enforcement or other governmental agencies. The Services are accessible to certain international sellers and buyers. Auction2u may provide access to certain features and tools to international sellers and buyers, such as estimated local currency conversion and integrated international shipping, customs and tax tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
3. Accounts, Passwords, and Security.
To make a bid, you must create an account using an email address and password. To offer items for sale (“Offer”) or offer to purchase items (“Bid”), you must create an account and have a valid payment method on record with us, such as a valid credit card, valid debit card, or My Credits. You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorised payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Auction2u immediately upon learning of any unauthorised use of your account or password, or any other unauthorised access or breach of security. However, you may be held liable for losses incurred by Auction2u or any other person or entity due to another person using your account or password. You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. You may not transfer or assign your account. Please review our other policies posted on this site which are part of the Terms and govern your use of the Services. We reserve the right to make changes to our site, policies, and the Terms at any time. Auction2u cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate your account in the event that you breach any of these Terms.
4. Fees, Promotional/Discount Codes and Taxes.
Fees for the Services, including applicable shipping fees, are described in our FAQ, as updated from time to time. Auction2u may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. These promotional or discount codes may be sent via email to our registered users, presented on our web sites or circulated at events and through other means and, unless otherwise provided are subject to the promotional or discount terms available here Discount Policy.
5. Authentication; Shipping and Handling.
As part of the purchase transaction, the seller will ship the item to Auction2u and Auction2u will visually inspect the item and use commercially reasonable efforts to confirm it is authentic. If Auction2u determines the item is authentic, Auction2u will ship the item to the buyer. If Auction2u cannot reasonably confirm the authenticity of the item or determines it is not authentic, then we will notify the buyer and the seller that the item is not authentic and will issue a refund to the buyer. Additionally, Auction2u has the right to reject any item for any reason, including but not limited to, authenticity or damage of the item. Auction2u policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because Auction2u cannot control the amount of time it takes for the item to reach Auction2u, we cannot guarantee a specific delivery timeframe for any items and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the seller it generally takes 7-10 working days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to Auction2u within 2 days of the latest estimated delivery date. Auction2u has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items, which are in compliance with the implied gurantees provided under Part V of the Consumer Protection Act 1999, that the items are, amongst others, of acceptable quality, fit for the particular purpose and the goods shall comply with description.
6. Counterfeits, Fraud, and Market Manipulation.
Auction2u takes counterfeiting, fraud and market manipulation very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or Auction2u, Auction2u reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge the seller for costs, expenses and fees incurred by Auction2u as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer, reprinting fees incurred by Auction2u, rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost; (vii) provide the counterfeit items to law enforcement or destroy the counterfeit items, (viii) temporarily or permanently suspend seller’s account, and (ix) charge . Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon Auction2u’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. If this occurs in error please contact us at email@example.com. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through Auction2u.
If a buyer receives an item that it believes to be counterfeit, the buyer must notify Auction2u in writing within 3 days after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on Auction2u or elsewhere) that is reasonably believed to be counterfeit.
Auction2u may monitor the integrity of the Auction2u marketplace and may take steps to protect the marketplace as determined by Auction2u in its sole discretion (e.g., if Auction2u believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If Auction2u believes that a seller or buyer attempts to interfere with the free and fair operation of the Auction2u marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the Auction2u marketplace (all of the foregoing in Auction2u’s sole discretion), then, without limiting any other rights of Auction2u, Auction2u reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge the user for costs, expenses and fees incurred by Auction2u as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user an additional service fee of up to USD$1,000 to cover Auction2u’s investigation fees and other related costs and expenses.
7. Seller Obligations.
By listing an item for sale (each posting, a “New Offer”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the Offer price you have specified and to ship the item in accordance with our FAQ as updated from time to time. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. SELLERS MUST SHIP items via the shipping carrier designated by Auction2u within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Auction2u will provide you with a shipping label with such carrier after your Offer is matched by a buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Once a Bid and Offer are matched, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including an additional charge equal to 15% of the transaction amount or USD$15.00 for items below USD$50.00, whichever is greater, as a service fee. If a seller fails to deliver items to Auction2u in accordance with these Terms, Auction2u reserves the right to do any or all of the following, in its sole discretion: (i) charge the selleran additional amount equal to 15% of the transaction amount or USD$15.00 for items below USD$50.00, whichever is greater, as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge the sellerfor costs, expenses and fees incurred by Auction2u as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by Auction2u, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
As a seller, you are required to ensure that the item you are listing exactly matches the image on the New Offer page and meets the applicable Condition Standard. If Auction2u or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then we will charge you an amount equal to 15% of the transaction amount or USD$15.00 for items below USD$50.00, whichever is greater, as a service fee, plus additional amounts or, as determined in Auction2u’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by Auction2u, rerouting charges imposed by carriers, and refunds to the buyer. Auction2u has no obligation to return items that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, Auction2u may turn those items over to the proper authorities) at your cost. Auction2u will pay you within thirty (30) days after the sale is complete, which occurs when the buyer receives the item. To get paid more quickly, ship your items immediately after your Offer is matched by a buyer. To see the fees applicable to sales transactions, please refer to the New Offer window where your Offer price is entered. You will also receive fee information via email notification when an Offer goes live, is updated, or a sale occurs.
8. Buyer Obligations.
As a buyer, you are obligated to pay for any items you Bid on when your Bid matches a seller’s Offer. WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S OFFER PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE OFFER PRICE WILL BE TAKEN FROM YOUR PAYMENT METHOD. To be an eligible buyer you must have a billing address and shipping address within one of the countries that Auction2u supports. You can see a full list of these countries at Available Countries, which may be updated from time to time. If your address is outside the Malaysia, then you will be responsible for picking up your package and for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges; you will be solely responsible for compliance with all customs requirements on import; and, when placing your order, you authorise us to appoint an agent to file the customs declarations on your behalf. In general, we charge you immediately upon purchase and hold the funds in escrow until the transaction is complete, at which time we pay the seller. You will not receive any interest on the escrowed amount. You might be required to pay certain fees as described when placing your Buy Order, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), Auction2u reserves the right to do any or all of the following, in its sole discretion: (i) charge the buyer an additional amount equal to 10% of the; (ii) remove any or all of buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer’s buying and selling privileges; (vi) charge the buyer for costs, expenses and fees incurred by Auction2u as a result of buyer’s action or inaction; and (vii) temporarily or permanently suspend buyer’s account. ALL SALES ARE FINAL ONCE THE ITEM IS AUTHENTICATED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM, unless where the item fails to comply with the implied guarantees provided under Part V of the Consumer Protection Act 1999, that the goods are, amongst others, of acceptable quality, fit for the particular purpose and comply with description.If you experience a problem with your purchase or an item, please contact us at firstname.lastname@example.org. If there is a problem with an item you received, you must contact us in writing within 7 days after receiving the item with a detailed description of the problem. Auction2u verification tags or stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit).
9. Limitations and Restrictions.
10. Intellectual Property.
You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Auction2u or its licensors or suppliers, and are protected by Malaysian and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of Auction2u and protected by Malaysian and international copyright law. Any unauthorised reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
Auction2u grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by Auction2u.
11. User Content.
If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialise User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Auction2u does decide, in its sole discretion, to attribute User Content to you, you hereby grant Auction2u the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Auction2u doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.
You agree that Auction2u (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if Auction2u receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Auction2u under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Auction2u’s marketplace.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
12. Confidentiality and Non-disclosure Obligations
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Auction2u, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) Auction2u isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Auction2u shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Auction2u may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Auction2u without any obligation of Auction2u to you; and (f) Auction2u is free to use any ideas, concepts, or techniques that you send Auction2u for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from Auction2u under any circumstances.
You shall indemnify, defend and hold Auction2u and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable legal fees on solicitor-client basis) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defence and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
14. Disclaimer of Warranties; Limitations of Liability.
You covenant not to sue Auction2u, and agree that you will not hold Auction2u responsible, for other users’ content, actions, or inactions. Auction2u is a marketplace for consumer goods. You acknowledge that you are buying items from a third party, not Auction2u. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue Auction2u, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all 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 dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
AUCTION2U AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. AUCTION2U PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, AUCTION2U ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. AUCTION2U SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND ”AS AVAILABLE” BASIS. AUCTION2U (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTEES OF ANY KIND WITH RESPECT TO OUR SERVICES, ANY ITEMS, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AUCTION2U (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD AUCTION2U RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE USER CONTENT YOU PROVIDE USING THE SERVICES, OR CONTENT OF THIRD PARTIES
(B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY AUCTION2U, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT, (J) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICES, OR (K) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOUR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES. UNDER NO CIRCUMSTANCES SHALL AUCTION2U, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (K) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL AUCTION2U, EVEN IF AUCTION2U WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
WITHOUT LIMITING ANY OF THE FOREGOING, IF AUCTION2U, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, AUCTION2U AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B)
15. Disputes with Auction2u.
You and Auction2u agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section 14. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AUCTION2U HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that, except to the extent inconsistent with the Arbitration Act 2005, the laws of the Malaysia, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Auction2u. Legal notices shall be served on Auction2u (in the case of Auction2u) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and Auction2u each agree that any and all disputes or claims that have arisen or may arise between you and Auction2u relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in the Tribunal for Consumer Claims Malaysia, subject to the qualification of your claims under the Consumer Protection Act 1999, so long as the matters remains in such tribunal and advances only on an individual (non-class, non-representative) basis.
THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED IN A MALAYSIAN COURT OF COMPETENT JURISDICTION.
- Arbitration Procedures. The Arbitration Act 2005 governs the interpretation and enforcement of this Agreement to Arbitrate. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very The arbitratorshall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms. The arbitration will be conducted by the Asian International Arbitration Centre (“AIAC”) under its rules and procedures, including the AIAC Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AIAC’s rules are available at https://www.aiac.world/wp-content/arbitration/Arbitration-Rules-2018.pdf. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AIAC Arbitration Rules will govern the number of arbitrators that may preside over an arbitration conducted under the Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to Auction2u should be sent to B-609 Oasis Square, 47301 Petaling Jaya Malaysia. Auction2u will send any Notice to you to the physical address we have on file associated with your Auction2u account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Auction2u are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Auction2u may initiate arbitration proceedings. In addition to filing this form with the AIAC in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Auction2u at the following address: B-609 Oasis Square, 47301 Petaling Jaya Malaysia. In the event Auction2u initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Auction2u account. Any settlement offer made by you or Auction2u shall not be disclosed to the arbitrator. The arbitration shall be held in Malaysia. The arbitrator will decide the substance of all claims in accordance with the laws of the Malaysia, including recognised principles of equity, and will honour all claims of privilege recognised by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Auction2u users, but is bound by rulings in prior arbitrations involving the same Auction2u user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Payment of all filing, administration, and arbitrator fees will be governed by the AIAC Arbitration Rules, unless otherwise stated in this Agreement to Arbitrate.
- Sever-ability. If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
16. Notification of Infringement of Copyright.
If you’re a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification to Auction2u’s designated Copyright Agent, email: email@example.com and require Auction2u to remove or disable any access to the electronic copy of that User Content.
You acknowledge that if you fail to comply with all of the requirements of this Section, your Notification of Infringement of Copyright may not be valid. Auction2u will remove or procure the removal of the User Content from the Auction2u website not later than forty-eight (48) hours from the time the notification was received.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a Counter-notification of Infringement of Copyright (“Counter-notification”) containing the following information to the Copyright Agent at the address(es) listed above:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
- Your name, address, telephone number and a statement that you consent to the jurisdiction of the court in which the address is located, or if the issuer’s address is outside Malaysia, in which the service provider may be found, and a statement that you will accept service of process from the person who provided Notification of Infringement of Copyright.
If a Counter-notification is received by Auction2u’s Copyright Agent, Auction2u may send a copy of the Counter-notification to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless Auction2u receives another notification from the copyright owner that he has filed an action seeking a court order against the User Content provider, member or user, the removed User Content may be restored, in not less than ten (10) business days or more after receipt of the Counter-notification.
17. Electronic Communications.
When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
18. Typographical Errors.
The Sites and the Services could include technical inaccuracies or typographical errors. Auction2u shall have no liability in connection with any such inaccuracies or errors, nor shall Auction2u have any obligation to identify and/or correct any such inaccuracies or errors.
19. Links to Other Websites.
For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of Auction2u (the “Linked Websites”). Auction2u does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Auction2u disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Auction2u arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) Auction2u is affiliated or associated with any Linked Website; (b) Auction2u is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorised to use any trademark, trade name, logo, or copyright symbol of Auction2u.
20. Disclaimer of Third Party Information.
To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), Auction2u has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Auction2u does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Auction2u.
These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and Auction2u relating to your use of our Services, and supersede all prior understandings and agreements parties. You consent to receive notice by email to the address provided at registration. If any provision of the Terms are held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by Auction2u shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. Auction2u may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of Auction2u, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only, not for the benefit of any third party except for Auction2u’s permitted successors and assigns. These Terms are governed by the laws of Malaysia without regard to conflict of laws provisions. By using the Auction2u website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside. The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods.