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Terms of Use

Term
Terms & Conditions of Use

The terms and conditions set out herein below govern the use of Scilab Malaysia ('the Company') services offered and available on the website Bagoos.my, all its official Android / iOS app and all related sub-sites ('the Site'). The User is advised to read them carefully as they affect the User's rights and liabilities under the law.

By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement ('the Agreement'), as well as those terms and conditions incorporated by reference and/or implication.

The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.

If the User continues to use the Site and/or services provided by the Company on the Site ('the Services') after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.

The services herein are offered by the Company which has its registered office at 

 

THE USER
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

'Individual' - The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. 'Individual' includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User's personal capacity and on behalf of the User's child/ward, to be bound by the terms of this Agreement and to be liable for the User's child's or ward's acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User's child or ward observes the terms of this Agreement.

'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

 

RESPONSIBILITIES OF THE USER

The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (\"Content Code\").

 

The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-

(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;

(b) otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or

(c) violates or is illegal under any applicable law, statute, ordinance or regulation.

 

The User shall not provide and/or cause to be provided information which:-

(a) is false, inaccurate or misleading;

(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;

(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;

(d) violates or breaches any law;

(e) is defamatory;

(f) contains pornographic or obscene materials.

(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;

(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or

(j) any other prohibited content as provided under the Content Code.

\"Information\" referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.

The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.

The User is solely responsible for the accuracy of the said Information.

 

INTELLECTUAL PROPERTY
Copyright
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (\"Content\") are works protected under the Malaysian Copyright Act 1987.

Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-

modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.

No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User's personal use only. The User further agrees that he or she will not infringe the Company's copyright by any method or manner now known or as may exist in the future.

The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs ('the Assigned Works').

The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.

All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Company's watermark seal (the \"Watermark\"). The Watermark shall not at any time be removed, altered or tampered with.

The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.

Domain Name
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

Trademark
Bagoos.my and its logos are trademarks or registered trademarks of the Company.

Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.

 

CONTENT USE CONDITIONS
All information, materials, functions and other content (\"Content\") on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.

The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:-

Services; or

Site.

Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.

 

ONLINE CONDUCT OF THE USER
The User undertakes:

to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);

not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and

not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.