Terms & Conditions
This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website www.auctionguru.com.my, whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site. You should print a copy of these Terms & Conditions of Use for future reference.
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Information about us
AuctionGuru.Com.My/ www.auctionguru.com.my is a site operated by Auction Guru Abacus Research Sdn Bhd. Registered in Malaysia.
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Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
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Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we enable you to access restricted areas of our website or other content or services, you must ensure that your details are kept confidential.
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Acceptable use policy
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
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Barring from website
We reserve the right to bar users from AuctionGuru.Com.My's website, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the website under any other name or through any other user.
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Intellectual property rights
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The details of the properties available on AuctionGuru.Com.My are provided to us by various sources. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
AuctionGuru.Com.My's website website contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from AuctionGuru.Com.My's website, you do so at your own risk.
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License to use AuctionGuru.Com.My Website
Subject to the restrictions described below you may view, download from AuctionGuru.Com.My for the sole purpose of using the website. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. Our status (and that of any identified contributors), as the authors of material on our site must always be acknowledged.
However, you must not copy, transmit, modify republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from AuctionGuru.Com.My's website without our prior consent. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not misuse our system. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system, or attempt to:
1. republish material from AuctionGuru.Com.My's website (including republication on another website); 2. sell, rent or sub-license material from AuctionGuru.Com.My's website; 3. show any material from AuctionGuru.Com.My's website in public; 4. reproduce, duplicate, copy or otherwise exploit AuctionGuru.Com.My's website material for a commercial purpose; 5. edit or otherwise modify any material on AuctionGuru.Com.My's website; or 6. re-distribute material from AuctionGuru.Com.My's website, including creating links from AuctionGuru.Com.My's website to any other website.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. The information contained in the material on this site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Whilst we endeavour to ensure that any material available for downloading from this site is not contaminated in any way, we do not warrant that such material will be free from infection or viruses.
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Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms of Use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
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Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
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Transaction concluded through our site
Contracts for the supply of (GOODS or SERVICES or INFORMATION) formed through our site or as a result of visits made by you are governed by our Terms & Conditions of Supply.
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Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
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Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any material to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We have the right to edit or remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
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Virus, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
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Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our permission. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request by contacting us here.
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Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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Jurisdiction and applicable law
These Terms of Use will be governed by and construed in accordance with Malaysia law, and any disputes relating to these Terms of Use will be subject to the non exclusive jurisdiction of the courts of Malaysia.
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Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
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Trademarks
AuctionCuru.Com.My, www.auctionguru.com.my and AuctionGuru are trademarks of Auction Guru Abacus Research Sdn Bhd.
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Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.
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Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
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Your concern
If you have any concerns about material which appears on our site, please contact us.
TERM & CONDITIONS OF SUPPLY
Below tells you the Terms & Conditions on which we supply any of the products or services listed on our website www.auctionguru.com.my to you. Please read these Terms & Conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these Terms & Conditions. You should print a copy of these Terms & Conditions of Supply for future reference.
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Information about us
AuctionGuru.Com.My/ www.auctionguru.com.my is a site operated by Auction Guru Abacus Research Sdn Bhd. Registered in Malaysia.
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Your status
By registering to our site, you warrant that:
You are legally capable of entering into binding contracts; You are at least 18 years old.
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How the contract is formed between you and us
After subscribing to our website, you will receive a notice from us acknowledging that we have received your order and payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you the notice. The contract between us will only be formed when we send you this confirmation.
The contract will relate only to those products whose dispatch we have confirmed in the notification. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate confirmation.
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Our status
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the Terms & Conditions of that third party seller, which they will advise you of directly. You should carefully review their Terms & Conditions applying to the transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
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Price and payment
The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
These prices exclude any delivery costs, which will be added to the total amount due, if applicable.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
Our site contains more than one product and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
Payment for all products must be by credit or debit card/ cash/ cheque/ online payment. We accept payment with most listed credit and debit cards.
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Non refund policy
Upon registration and payment made to us. There is non refund of payment for product/ package you have entered/ registered/ paid for during the period. You are unable/ not allowed to cancel/ seek for refund.
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Our liability
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased (and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us).
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence; (b) For fraud or fraudulent misrepresentation; or (c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.We are not responsible for indirect losses which happen as a side effect of the main loss or damage (and which are not foreseeable by you and us), including but not limited to:
(a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable).
Where you buy any product from a third party seller through our site, the seller's individual liability will be set out in the seller's Terms & Conditions.
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Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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Notices
All notices given by you to us must be given to Auction Guru Abacus Research Sdn Bhd by contacting us here. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
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Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
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Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
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Waiver
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing within time periods specified within these Terms of Supply.
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Severability
If any of these Terms & Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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Entire agreement
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms & Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms & Conditions.
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We intend to rely upon these Terms & Conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms & Conditions to be confirmed in writing.
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Our right to vary these Terms & Conditions
We have the right to revise and amend these Terms & Conditions from time to time (to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities).
You will be subject to the policies and Terms & Conditions in force at the time that you order products from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
