THE FOLLOWING DESCRIBES THE TERMS ON WHICH PAINTSMORE OFFERS YOU ACCESS TO ITS SERVICES.
Welcome to Paintsmore online auction and trading community (hereinafter known as the “Site”). Any person who wants to access the Site to post or bid for paint job and use the services that are provided (hereafter known as the “Services”) must accept the terms and conditions of this Agreement. The terms and conditions are binding for each and every time the Services are used.
The Service is operated by Paintsmore Marketing. (Reg no: SA0205347-V), owner of www.paintsmore.com.my, or any subdomain, (hereinafter “www.paintsmore.com.my” or “we” or “our”) 4-16-2, No.14, Persiaran Anggerik Vanilla, Kota Kemuning, 40460 Shah Alam, Selangor Darul Ehsan.
If you do not accept these terms and conditions or have any questions that our frequently asked questions or help section cannot answer, please contact email@example.com
This Agreement helps to keep www.paintsmore.com.my a safe place to post a paint job and bid for a paint job. We would like to build www.paintsmore.com.my on trust, and this Agreement helps ensure that trust amongst all members of our community.
We may amend this agreement at any time by posting the amended terms on our site. The amended terms shall automatically become effective after they are posted on our site. Your continued use of this site constitutes the following:
1. acknowledgment of this Agreement and any modifications; and
2. agreement to abide and be bound by this agreement, including any modifications.
This agreement was last revised on the 01st March 2012
• Eligibility for Membership.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Paintsmore members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Paintsmore account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
• Fees and Services.
Joining and bidding on paint job at Paintsmore is free. We do charge fees for listing a paint job through our Site and when you list a paint job you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, 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. 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.
Paintsmore may from time to time review and change how members can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation.
• Contacting other www.Paintsmore.com.my Users.
www.paintsmore.com.my provides you with features to enable you to e-mail or SMS other users. However, there are limitations on your right to use such features. You may not e-mail / SMS bidders in a currently open auction being run by a different person, offering similar or the same item as in that auction. You may not collect e-mail addresses or User Ids of other users from www.paintsmore.com.my’s site in an automated way.
www.paintsmore.com.my hereby grants to you a license to use other users’ information only for:
(a) www.paintsmore.com.my-related communications, and
(b) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).
In the case of (b), you must give users an opportunity to remove themselves from your list and a chance to review what information you have collected about them. In addition, under no circumstances can you disclose personally identifiable information about another user to any third party without www.paintsmore.com.my’s consent and the consent of such other user after adequate disclosure.
Without limiting the foregoing, you are not licensed to add a www.paintsmore.com.my painter – even a painter who has bided an auction paint job from you – to your mailing list (e-mail or physical mail) without their expressed consent after adequate disclosure. Our current privacy policies, available at www.paintsmore.com.my/Auc/Gen/privacy.asp, are incorporated herein by reference.
• Paintsmore.com.my is Only a Venue
Paintsmore.com.my is not an auctioneer, although we are commonly referred to as an online paint job auction web site, it is important to realize that we are not a traditional “auctioneer.” Instead, the Site acts as a venue to allow anyone to post a paint job. We are not involved in the actual transaction between posters and painters. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of poster to post for a paint job or the ability of them to pay for the ended auction. We cannot ensure that a poster will actually complete a transaction.
We do not control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and Paintsmore is not responsible for the acts or omissions of users on the Site.
We cannot control the information provided by other users which is made available through our system. Note that all graphics displayed in listings may reside on our servers, but we do not and cannot control the images that are uploaded by our users. Information and images posted by a member may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our site. We are not liable for any images that have been placed on our servers, as they are beyond our control.
• Fraud, Cheating or Scam
By using this website for transaction, you agreed that Paintsmore.com.my, as a venue, is not responsible for any losses arise from Fraud, Cheating or Scam from your bidding, posting, or direct negotiation or transaction conducted within owners or painters.
We are not responsible for any lossess arise from Fraud, Cheating or Scam which arise from you clicking any of the banners appears in Paintsmore.com.my and related site and re-directed to any third party website for any transaction you done with third party.
• Identity Verification
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Paintsmore cannot and does not confirm each user’s purported identity. For Paintsmore certified Painters, we solely rely on Malaysia Identification Card (IC) and information painters have given us via fax or email. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.
Because we are a venue, in the event that you have a dispute with one or more users, you release Paintsmore (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 disputes.
• Bidding and Posting
By bidding on an auction you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of this Agreement or unlawful. You are clear on what you are bidding, Paintsmore is not responsible on any losses or profits that you gain from the particular auction. You can always contact our personal in charge person if you have any unclear issue about the posted auction. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item’s description after you bid; a clear typographical error is made.
If you bid on an item, it is an irrevocable offer to sell your service at the bid price. You are obligated to complete the transaction. The winning bidder is the one who places the highest bid on an item that meets or exceeds the minimum price as stipulated by the painter.
• Listing for a paint job for auction
You must be legally able to list your paint job(s) for auction on the Site. You must describe your paint job and all terms of services or product on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the paint job. All listed paint job must be listed in an appropriate category
You may list your paint job auction only in appropriate categories.In your listings, you may not link to or include advertising for goods or services which
(a) describes an item/job that you are not related to your paint job;
(b) you do not have a right to link to or include.
We reserve the right to remove a members paint job listing if found that :
(a) Owner’s registration details and contact information is in-valid, not contactable, or misleading. (b) Owner has been suspended from trading for any other reason which against our guideline, rules and regulations.
• Paintsmore safe transaction
As a member, Paintsmore safe transaction will be the only default payment method, there’s no option for Painters NOT to offer Paintsmore safe transaction to any members.
• Your Information
1. Definition. “Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the community forum, photo or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
2. Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Paintsmore’s; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Paintsmore by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Paintsmore and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback on yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties; leaving negative feedback if a user fails to perform some action that is outside the scope of the auction or placing a bid or arranging to have a bid placed on your auction solely for the purpose of enabling positive feedback to be left about you.
Because feedback ratings are not designed for any purpose other than for facilitating trading between www.paintsmore.com.my users, and because we reserve all copyright to the collection of information on our site, you may not market or promote your www.paintsmore.com.my feedback rating in any venue other than www.paintsmore.com.my.
If you earn a net feedback rating of -3 (minus three), your membership may be suspended, and you may be unable to list or bid.
We reserve the right to remove any members’ positive or negative comment on our own discretion.
Breach Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WWW.PAINTSMORE.COM.MY WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
• Limit of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
• Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
• General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.
• Message from Partners and Sponsors.
You acknowledge and agree that www.paintsmore.com.my may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. www.paintsmore.com.my will for all practical purpose allows members to unsubscribe from receiving such materials.
• No Agency.
You and www.paintsmore.com.my are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by e-mail to firstname.lastname@example.org (in the case of www.paintsmore.com.my) or to the e-mail address you provided to www.paintsmore.com.my during the registration process (in your case), or such other address as the party shall specify. The notice shall be deemed to have been given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.paintsmore.com.my during the registration process. In such case, the notice shall be deemed to have been given 3 days after the date of mailing.
Paintsmore may from time to time work with party to offer our members certain products or services at our discretion. All members will be informed of such offers through email and certain information such as name and handphone numbers maybe made available solely for this purpose.
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. www.paintsmore.com.my does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.