The Company collects information about its Users ('User Information') during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.
All User activities are logged.
The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.
A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to post advertisements on the Site.
Other Users may contact the User through the Site.
TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company's control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.
The Site and the Services are provided \"as is\" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites ('Third Party Websites').
The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.
EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees.
For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Words importing one gender shall include any other gender unless stated otherwise.
Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
Notices to the Company may be sent by registered post to the following address:
Lesoshoppe Sdn Bhd
Lot 12A, Jalan Gitar 33/3, Elite Industrial Estate, Section 33, 40350 Shah Alam, Malaysia.
Contact : +603-51248052
Notices to the User shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the User's address, shall be deemed to be received after 14 days from the date of posting.
Please note that in posting your advertisement on Bagoos.my, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the \"Regulations\") as follows :-
(1) Your name or the name of your business or company;
(2) The registration number of your business or company, if applicable;
(3) Your email address, telephone number and address;
(4) A description of the main characteristics of the goods or services offered;
(5) The full price of the goods or services including transportation costs, taxes and any other costs;
(6) The method of payment;
(7) Any terms and conditions governing the sale of goods or provision of services; and
(8) The estimated time of delivery of goods or services to the buyer.
Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and Scilab Malaysia shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, Scilab Malaysia shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.