Term and condition |
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1. What is the Effect of This Agreement
This Agreement applies to the publication by MyDAG of the advertisement submitted by you, the person named and described in the online application (You).
2. Placing an Advertisement
In order to place an advertisement (Ad) You must:
- be 18 years or over
- if you are selling a car, be a private or non commercial advertiser;
- complete and submit the online application form (Application); and
- pay the prescribed advertising fee.
3. What Must You Do
You must:
- provide all information for Your Ad ( including any photographs ) in the form required by MyDAG from time to time;
- comply with any relevant MyDAG advertising policy;
- obtain permission from the owner of copyright in any third party material used in Your Ad; and
- maintain the confidentiality of all Your Email and password information required to access your advertisement and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your Email and password.
- remove Your Ad if the advertised item (Item) is:
- sold; or
- withdrawn by You from sale.
4. What You Must Not Do
- You must not offer for sale any Item:
- not located in Malaysia; or
- which You do not have the right to sell.
- You must not submit an Ad which:
- does not comply with all relevant laws;
- infringes the intellectual property rights of any person;
- is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- is misleading or deceptive or likely to mislead or deceive;
- comprise anything which may adversely reflect on MyDAG or any website on which Your Ad is published; or
- include links to other websites or HTML enhancement text.
5. Publication of Advertisements
- MyDAG is not bound to publish Your Ad until accepted by MyDAG. Your Ad is accepted when MyDAG publishes Your Ad.
- If accepted, MyDAG will publish Your Ad as set out in the Application on the terms and conditions of this Agreement.
- MyDAG may republish Your Ad on such other websites, search engines, applications and print or other media as MyDAG determines from time to time in its absolute discretion.
- You acknowledge and agree that while every endeavor will be made to publish Your Ad as submitted, MyDAG will not ( other than as set out in clause 10) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of MyDAG, its employees or agents.
- MyDAG may refuse to publish, withdraw or terminate the publication Your Ad if:
- i. You breach this Agreement; or
- You have not logged on to the administration pages of Your Ad for more than 30 days; or
- MyDAG determines, in its absolute discretion without notice, to refuse to publish, withdraws or terminate the publication Your Ad.
- Despite anything in this Agreement, MyDAG has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
- Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. MyDAG will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between you and any third party.
6. Cancellation and Withdrawal of Advertisements
- Once Your Application is submitted to MyDAG it cannot be cancelled.
- An Ad may be removed at any time after publication. All advertising fees and if paid, You will not be entitled to a refund.
7. Intellectual Property Rights
You hereby assign to MyDAG all copyright and other intellectual property rights in Your Ad (other than third party material).
8. Payment
- You must pay the advertising fee at the rate and in the manner set out in the Application.
- The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.
9. You Indemnify MyDAG
You indemnify MyDAG against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against MyDAG arising out of:
- a breach of this Agreement by You;
- any willful, unlawful or negligent act or omission by You;
- the publication by MyDAG or any other person of Your Ad.
- the sale or offering for sale of any Item.
10. MyDAG Liability to You is Limited
- MyDAG will only be liable to You:
- where the law implies a term into these terms and conditions which cannot be excluded and MyDAG breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so MyDAG liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
- if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by MyDAG.
- Other than as set out above MyDAG, will not be liable to You:
- for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
- for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
- For the purposes of clauses 9 and 10, the term MyDAG will mean MyDAG, its officers, employees, contractors and agents, whether individually or collectively.
11. Privacy
Please be aware that as an advertiser on the MyDAG network You may receive correspondence regarding the status of Your Ad. This may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. You will also be notified of any changes to MyDAG or associated websites that may have a direct effect on the content or appearance of Your Ad. This correspondence forms part of this service and is necessary for the management of Your Ad. If You do not wish to receive this correspondence please do not submit an advertisement for publication on MyDAG network.
12. Entire Agreement
This Agreement, the Application, MyDAG Terms and Conditions of Use and any warranties implied by law which cannot be excluded form the entire Agreement between You and MyDAG. All other terms whether express or implied are excluded. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.
13. MyDAG May Change This Agreement
- MyDAG may, in its absolute discretion modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check theses terms and conditions displayed on this web site.
- All rights not expressly granted are reserved.
- If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
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