This User Agreement, the User Privacy Notice and all policies posted on www.cilipadi.com.my (“Site”) set out the terms on which we offer you access to and use of the Site, services, applications and tools (collectively, “Services”). The User Privacy Notice and all policies are incorporated into this User Agreement (“Agreement”). By using the Site and the Services, you are deemed to have agreed to be bound by the terms and conditions set out in this Agreement as well as those terms and conditions incorporated by reference and/or implication.
The Site and Services are currently operated by Avenuesoft Sdn Bhd (Company No. 1024576-V) (hereinafter “Cilipadi”, “we”, “our” or “us”) located at B-2-22, Block B, 8 Avenue, Jalan Sungai Jernih 8/1, 46050 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
We may amend the terms and conditions from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site and Services. You will be notified of any amendments via announcement on the Site.
You must be either an Individual or Corporate Entity (as defined herein below) to use the Services.
“Individual” means any 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 you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by the terms of this Agreement and to be liable for your child's or ward's acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes the terms of this Agreement.
“Corporate Entity” means 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 this Agreement.
1.1 To access and use some of the Services, you may need to register with us and set up an account with your email address, mobile phone number and a password. Registering and setting up a Cilipadi Individual Seller Account is free of charge. The email address and mobile phone number you register with will be your email address and your mobile phone number, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your account. Your email address shall not be publicly displayed on the Site. Other users may contact you through the Site.
1.3 As a Cilipadi Individual Seller, you will be able to:
a) Create and post ONE (1) free advertisement (hereinafter referred to as “Seller Post” or “SP”) at any one time, each valid for SIXTY (60) days. The validity of each free SP will be calculated from the day of posting (e.g. 10th of the month to the 9th of the second month).
b) Edit SPs (editing a SP will not restart the validity period of the SP);
c) Delete SPs;
d) Purchase Cilipadi Credits at any time; and
e) Purchase Cilipadi Premium Functions at any time.
2.1 Registration and setting up a Cilipadi Corporate Seller account is free of charge but you are required to purchase and use Cilipadi Credits for posting every SP. By registering and setting up a Cilipadi Corporate Seller account, you may create an online store (“Store”) to place, group and display SPs in the Store.
2.2 You must be a Corporate Entity to register and set up a Cilipadi Corporate Seller account.
2.3 You may include the name of your Store which would be reflected in the URL address of the Store (e.g. http://www.cilipadi.com.my/yourstorename). You may also include a logo or mark to be placed in the main page of the Store. The name, logo or mark used shall not be a name, logo or mark that is identical or confusingly similar to another company's name, logo and/or trademarks.
2.4 You agree to fully indemnify us for any claim, proceedings, loss, damage, expenses and/or costs incurred by us as a result of your use of the store name, logo and/or mark.
2.5 We may, upon receiving reports or complaints lodged by third party right owners and/or members of the public, deregister your Cilipadi Corporate Seller account, delete the Store name, logo and/or mark.
2.6 We may, at our sole and absolute discretion, at any time reject or remove the Store's name, logo or mark or remove or suspend the activities of the Store.
2.7 Our decision shall be final and we are not obliged to notify you of any decision it makes or give reason thereof.
2.8 As a Cilipadi Corporate Seller, you will be able to:
a) Create and post SPs at any time, subject to available Cilipadi Credits purchased in advance. Each SP shall be valid for SIXTY (60) days. The validity of each free SP will be calculated from the day of posting (e.g. 10th of the month to the 9th of the second month). Posting means the activation of the SP by our administrator so that the SP can be seen by other users.
c) Manage your SPs (e.g. create multiple SPs beforehand (subject to available Cilipadi Credits purchased in advance), publish/un-publish SPs at any time, etc.)
d) Edit SPs (editing a SP will not restart the validity period of the SP);
e) Delete SPs;
f) Purchase Cilipadi Credits at any time; and
g) Purchase Cilipadi Premium Functions at any time.
3.1 Registering and setting up an account with Cilipadi is free. However, we do charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. We may change our fees for our services from time to time. We will notify you of changes to our fees by posting the changes on the Site. Our fees are non-refundable after the feature is supplied.
3.2 We may choose to temporarily change our fees for our Services for promotional events (e.g. free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may, in our sole discretion, change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
3.3 Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
4.1 You are personally responsible for your use of the Site and/or Services.
4.2 You use the Site and/or the Services at your own risk.
4.3 You 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”).
4.4 You shall not post on the Site and/or post for sale on the Site any item which:
(a) infringes the intellectual property rights of any third party including copyright, patent, trademark, 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.
4.5 You shall not provide and/or cause to be provided Information (hereinafter defined) 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, trademark, 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 Cilipadi 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 you to us or to other users in any public message area (such as community forums, photo area and feedback area) or through email.
4.6 We reserves the right to remove any items that it deems is in violation of the above, at its sole discretion without any compensation.
4.7 We shall also have the right to remove any content from the Site in accordance with the complaints procedure contained in Part 5, Paragraph 10.2 of the Content Code.
4.8 You may obtain further information on the Content Code from the following link: http://cmcf.my/overview
4.9 You shall comply with Cilipadi’s Rules of Advertising as further specified in this Agreement.
4.10 You are solely responsible for the accuracy of the said Information.
5.1 SPs listed for pure marketing purposes without offering any specific items are not allowed.
5.2 You shall be responsible for the content of your own SPs.
5.3 SP titles should briefly describe what is being advertised, and should not contain prices, promotional words, contact details or unnecessary search words (e.g. "promotion", "best deal", "best offer", "discount", etc.).
5.4 SP item description should describe what is being advertised. It should not be copied from other advertisers (this is illegal under copyright laws). It should also not contain unnecessary search words, offensive remarks, or links to other websites.
5.5 All SPs shall be in English.
5.6 SPs must be posted in the category that best describes what is being advertised.
5.7 SPs may not be posted more than once. If you wish to post the same item again, you must delete the existing/previous SP before posting a new SP of the same item. Posting the same SP using a different username or email is also not allowed.
5.8 You may not post SPs that contain links to other websites. To do so, you must purchase the Cilipadi Premium Function allowing you to post SPs that contain links to Cilipadi approved websites.
5.9 SPs should only contain photos/images and other media as Cilipadi allows which are relevant to the item advertised. A photo/image is not suitable if it:
(a) Was taken by another user, and is being reused without their consent (this is illegal under copyright laws);
(b) Contains contact details (phone, email, links, Facebook, or any other personal info);
(c) Contains promotional words;
(d) Contains a user's own watermark with contact details, price, logo, etc.;
(e) Is a collage (i.e. includes multiple images edited into the same image);
(f) Is a stock photo (i.e. photo taken from manufacturer’s website) (e.g. using a photo of an iPhone taken from the Apple website);
(g) Is not in JPEG, PNG or GIF format;
(h) Is taken/reused from any other SP on Cilipadi;
(i) Is too small, not clear or is irrelevant;
(j) Could be perceived to be offensive or provocative in nature, for example, images of live models for clothing products.
5.10 You may not post SPs of items which are pirated or infringes on copyright laws (e.g. pirated VCD/DVD movies, pirated computer software, etc.).
5.11 SPs must specify the actual selling price of the advertised item. Prices may not include bidding/auction, instalments, down-payments or trade-in prices. We reserves the right to refuse unrealistic selling prices which, in our sole discretion and opinion, are not the actual full price of the advertised item.
5.12 Items sold must conform to Malaysia’s Consumer Protection Act 1999:
(a) Item must comply with given description of the item – cannot be misleading
(b) Item must comply with given images of the item – cannot be misleading
(c) Item must not be pirated or infringing on copyright laws
(d) Item must not be illegal or prohibited
(e) Item must be sold at advertised/agreed price
(f) Item must be fit for use unless specified otherwise
(g) Sellers must honour any warranty/guarantee given on the item
5.13 You may not post items which are illegal, prohibited and/or offensive. Illegal, prohibited and/or offensive items include (but is not limited to):
(a) Controlled chemical substances (e.g. mercury)
(c) Prescription medications
(d) Herbal medications
(e) Slimming supplements and medications
(f) Firearms and weapons (including knifes and other similar items)
(g) Fireworks and explosives
(h) Human parts
(j) Sex toys
(k) Alcohol and liquor
(l) Tobacco, cigarettes, cigars and other similar items
(m) Hacking devices or software
(n) Mobile phone numbers and SIM cards
(o) Offensive propaganda (including items related to politics, religion or other sensitive issues)
(p) Religious items
(q) Paintball guns, toys/replica of guns, firearms and other weapons
(r) Used undergarments
5.14 All SPs shall be subject to the discretionary decision of Cilipadi. We shall be entitled to reject and/or remove any SPs should we determine that such SPs do not comply with the terms and conditions for posting SPs or such SPs are against public interest. Where such SPs are removed after posting, we shall not be liable to refund any Cilipadi Credits paid for and/or in relation to such SPs.
6.1 You undertake:
(a) to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by Cilipadi from time to time (which are hereby incorporated by reference into this Agreement);
(b) 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
(c) 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.
7.1 The Site may contain links and/or references to other websites (“Third Party Websites”).
7.2 We shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
7.3 Third Party Websites are not investigated, monitored or checked for accuracy or completeness by us.
7.4 Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by us.
7.5 In the event you decide to leave the Site and access Third Party Sites, you do so at your own risk.
(a) 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.
(b) Subject to the exceptions stated in this Agreement, you are strictly prohibited from carrying out any of the following acts without the prior written consent of Cilipadi:
i. 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
ii. transferring and/or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from Cilipadi or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
(c) 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 your personal use only. You further agree that you will not infringe Cilipadi’s copyright by any method or manner now known or as may exist in the future.
(d) You hereby agree to assign absolutely to us 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 (“Assigned Works”).
(e) You hereby warrant that you are the copyright owner in the Assigned Works and any marks reproduced by you on the Site and shall indemnify us from any claims by any third party arising from the ownership of the Assigned Works or marks.
(f) All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Cilipadi’s watermark seal (“Watermark”). The Watermark shall not at any time be removed, altered or tampered with.
(g) Cilipadi 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. Cilipadi aggressively enforces its intellectual property rights to the fullest extent of the law.
8.2 Domain Name: The domain name on which the Site is hosted on is the sole property of Cilipadi and you may not use or otherwise adopt a similar name for your own use.
8.3 Trademark: Cilipadi.com.my (Cilipadi) and its logos are trademarks or registered trademarks of Cilipadi. Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
9.1 Cilipadi collects information about you (“User Information”). All user activities are logged. When you request pages from Cilipadi's servers, it automatically collects information about your preferences, including your Internet Protocol (IP) address.
9.2 Cilipadi uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, Cilipadi may provide User Information as provided by you to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
9.3 Save as aforesaid, the User Information shall not be disclosed or released by Cilipadi to any third party except with your consent.
11.1 Cilipadi reserves the right to immediately suspend or terminate the Service to you without warning and/or notice for violation of any of the terms and conditions in this Agreement.
12.1 Cilipadi does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside of Cilipadi’s control and Cilipadi shall not be liable for any loss, liability or damage which you may incur as a result.
12.2 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, Cilipadi 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.
12.3 You acknowledge and agree that Cilipadi 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 Cilipadi 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.
12.4 You agree 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 your own risk, and Cilipadi shall not be responsible for any loss, damage or liability suffered by you arising from such use or reliance.
13.1 To the full extent allowed by applicable law, in no event shall Cilipadi, 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.
13.2 Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude Cilipadi’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Cilipadi’s negligence or the negligence of Cilipadi’s servants, agents or employees.
13.3 For avoidance of doubt, Cilipadi 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.
14.1 You agree and undertake to indemnify, hold harmless and defend Cilipadi, 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 Cilipadi directly or indirectly, due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or arising out of your violation of any law or the rights of a third party.
15.1 In the event that you have a dispute, claim and/or action against one or more other users, you hereby agree to release Cilipadi, 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.
16.1 Notices to the Company may be sent by registered post to the following address:
Avenuesoft Sdn Bhd
B-2-22, Block B, 8 Avenue, Jalan Sungai Jernih 8/1, 46050 Selangor Darul Ehsan, Malaysia.
16.2 Notices to you shall be sent to the email address provided by you to Cilipadi. Notices are deemed to be sent within 24 hours of the time of sending of the email unless Cilipadi receives notification that the email address is invalid, or where sent by normal post to your address, shall be deemed to be received after 14 days from the date of posting.
17.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the exclusive jurisdiction of Malaysian courts.
18.1 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.
18.2 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.
18.3 You agree that this Agreement and all incorporated agreements may be automatically assigned by Cilipadi, in its sole discretion, to a third party in the event of a merger or acquisition.
18.4 You and Cilipadi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
18.5 Failure of Cilipadi to act with respect to a breach by you or other users shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
18.6 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.
18.7 Words importing one gender shall include any other gender unless stated otherwise.
18.8 Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
19.1 Please note that in posting your advertisement on the Site, you are required to disclose certain information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (“Regulations”) as follows:
(a) Your name or the name of your business or company;
(b) The registration number of your business or company, if applicable;
(c) Your email address, telephone number and address;
(d) A description of the main characteristics of the goods or services offered;
(e) The full price of the goods or services including transportation costs, taxes and any other costs;
(f) The method of payment;
(g) Any terms and conditions governing the sale of goods or provision of services; and
(h) 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 Cilipadi shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, Cilipadi 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.