| |
|
|
|
|
|
|
|
|
| |
| THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH bzHUB OFFERS USERS ACCESS TO ITS SERVICES. |
| a. |
bzD is the official trading currency within bzHUB environment. Kindly refer to the clause 2.9 and 3.0 below in entirety for more details. |
| b. |
“User” or “Users” refers to the general global public who registered with bzHUB and uses bzHUB services. A “User” can be either a Buyer or a Seller BUT can NEVER be both a Buyer and a Seller simultaneously. |
| c.. |
“Visitor” or “Visitors” refers to the general global public who has yet to register with bzHUB but is browsing through the bzHUB websites. |
| d. |
The “Others” refers to companies, organization, associations, clubs, authorities, bodies or any groups irrespective whether it is of commercial, professionals, political or whatsoever, along with its leaders, decision-makers, financiers, supporters, board of directors, its employees, agents, etc where no part of the bzHUB organization has any visible control or decision making authority over. This also includes but not limiting to the likes business merger, joint-ventures or any form of partnerships, its affiliations and bzHUB subsidiaries which are not wholly owned by any part of bzHUB organization. |
| e. |
“Image and Reputation” – refers to the goodwill, and all positive connotations associated to bzHUBs name and organization which can be measured through the value or worth of all or any part of the bzHUB business(es), its popularity and number of “User” members and “Visitors”. |
| f. |
bzHUB Website or Websites refers to all bzHUB owned websites. This does not cover the affiliated or bzHUB’s business partners’ websites. |
| g. |
bzHUB is a venue equipped with facilities for online trading that involves offering, selling, buying of just about anything, anytime, from anywhere, utilizing real time, freestyle bargaining method as opposed to the conventional, more rigid auction style. |
| h. |
Facilities refers to the following services: |
| |
i. |
Matching of buyer’s demand to seller’s products/services |
| |
ii. |
Real time display pricing summary of a wide products/services range based on the demand and supply factor. |
| |
iii. |
Venue for market surveys and research to be conducted on certain products/service, where feedbacks from “Users” can be obtained. |
| |
iv. |
Communication or prompting the “User” who buys and the “User” who sells on a successful match between each other’s demand and supply on the website. |
| |
v. |
A Community centre for “User” members to participate in lively activities |
| |
vi. |
Payment gateway and verification service |
| |
vii. |
Linkage to other websites such as Internet Traffic Report website, payment gateways, e-commerce consultancy, etc.
|
| i. |
Complain Forum refers to the Online Discussion Forum meant for discussion, settling of disputes, sharing of information between members. |
| |
|
| |
|
| 1.1.1 |
This hereby marks the agreement between the service provider (referred to here as “bzHUB”) and the general global public who uses the service (referred to here as “User”) that the “User” will adhere to ALL the terms and conditions stipulated herein. Failing which, the “User” will not be allowed to enter and use the services provided by “bzHUB”. |
| 1.1.2 |
bzHUB hold the exclusive right to amend and/or put additional clauses into this agreement after giving notification via email to “User”. As registered “User”, you obligate yourself to be aware of any future Amendments and/or Additions to this agreement by logging into the bzHUB website. Once posted on bzHUB website, the amended and/or added agreement will apply and therefore enforceable to all new user registrations from the date of posting on bzHUB website. Existing users will be bound by the amended and/or added agreement after the expiry of 30 days following the date of notice. Should any “User” choose not to accept any future amendments and/or additions to the terms and conditions, the “User” have the right not to continue using the services provided by bzHUB. |
| 1.1.3 |
The terms and conditions stipulated herein also apply to other bzHUB owned websites, along with the other websites’ individual terms and conditions. |
| 1.1.4 |
The terms and conditions stipulated herein does not apply to bzHUB’s business partners or its affiliations’ own websites and vice versa, whatever terms and conditions stipulated in these business partners and its affiliations’ websites does not apply to bzHUB or bzHUB’s “User” members, have not accepted the terms and conditions of these websites of bzHUB’s business partners and its affiliations. |
| 1.1.5 |
This agreement is immediately effective whenever the “User” logged in and accepted it by clicking to the accept button. |
1.2 General Eligibility And Exemption Clauses
| 1.2.1. |
The services provided by bzHUB are only meant for person(s) who are legally accepted to be of eligible age and status based on the laws, legislations and regulations of their own local area, states/province, country, etc which they are subjected to. Commonly this would mean, those who are at least Eighteen (18) of Age and those without any criminal records with any countries in the world. If any User” is discovered to not qualify, his/her membership will be temporarily or indefinitely suspended. |
| 1.2.2. |
ALL potential “Users” prior to registering with bzHUB MUST ascertain themselves to be of their reasonable and sane mental state. As bzHUB is not responsible for any undesirable outcome IF any persons who is of unsound mind or any ill mental conditions registered and use bzHUB services. |
| 1.2.3. |
ALL potential “Users” prior to registering with bzHUB MUST join with a good and benevolent intention to trade legally and use bzHUB services legally and completely abstained from any form of malevolent act or intention irrespective whether the malice is prosecutable as a crime by any countries in the world. |
| 1.2.4. |
If the “User” is registering as a business entity, then that “User” indicates that he/she held the authority to bind the entire business entity that he/she is representing to this agreement. Therefore, any “User” who wish to register as a business entity, MUST possess official and valid authority to represent his/her business entity prior to registering with bzHUB. |
| 1.2.5. |
As stipulated in definition section of this user agreement above, bzHUB is a venue equipped with relevant facilities meant for online trading purposes. Although bzHUB provides linkage to other service providers such as Internet Traffic Report, Payment Gateway, E-commerce Consultancy service, etc. bzHUB has no control over how the products/services are being advertised and offered on the website and do not get involved in the actual delivery of the products/services. As a consequent, bzHUB is not responsible for the product / service quality, safety or legality of the items advertised, offered, sold and bought. bzHUB is also not responsible for the truth or accuracy of the listings, the ability of the sellers to sell or the ability of buyers to buy the items. |
| 1.2.6. |
bzHUB also do not get involved in the negotiation activities between sellers and buyers, as a result, bzHUB cannot be held liable if the deal between seller and buyer is not concluded as expected. |
| 1.2.7. |
Even though bzHUB do provide service as a mediator in the event of a dispute among buyers and sellers, and bzHUB cannot be held liable and/or responsible for the outcome. bzHUB function here is only as a mediator and NOT as a judge. Ultimately buyers and sellers themselves are responsible to ensure their disputes are resolved as peacefully as possible. |
| 1.2.8. |
bzHUB is exposed to dealings and transactions that involves different nations with different laws and regulations across the globe. As such, something that is banned in one country may be completely illegal in another country. Due to this fact, bzHUB caution that NO ONE SHOULD ASSUME that the invitations to offer, offer, sale, purchase, export or import or any item or any services conducted is valid and legal simply because it is listed on bzHUB’s websites. bzHUB is NOT responsible for ensuring the legality of these items or services listed on the bzHUB websites. ALL “Users” and Visitors alike should accept sole responsibility for the legality of their actions under the laws and regulations in their country that applies to them, and they should also exercise caution, use their own discretion and common sense prior to accepting any offers or buying or transacting in bzHUB’s websites. |
| 1.2.9. |
bzHUB shall be exempted from any legal actions or any undesirable consequences as the result of any malpractice by its any “Users” irrespective whether new or existing, and Visitors of bzHUB as well. |
| |
|
1.3 Valid Registration
Each “User” MUST register with valid and authentic information of their Full name, Address, and Contact details. Invalid and/or false information will result in bzHUB rejecting the registration.
1.4 Completion Of Questionnaire
| 1.4.1. |
Every registration comes with the requirement to complete Questionnaires posted on the bzHUB website. The Questionnaire is extremely VITAL and CRUCIAL part of bzHUB and any incomplete Questionnaire shall result in bzHUB rejecting the registration. |
| 1.4.2. |
Each time an existing “User” member logged in to do trading, irrespective whether as a seller or a buyer, is also required to fill in the Questionnaires. |
| 1.4.3. |
ALL potential “Users” prior to registering with bzHUB MUST join with a good and benevolent intention to trade Each “User” irrespective whether new or existing MUST ensure they answer the questions truthfully, honestly and whole heartedly. Without any intention to falsify any part of their answers. |
| 1.4.4. |
Any false answers given will affect the accuracy of real time trade information being displayed on the bzHUB website. If such incident arises, bzHUB shall be exempted from and is not liable for any undesirable consequences. Instead, “Users” who falsified their answers or have not been answering truthfully, shall be held entirely responsible for the outcome. |
| |
|
1.5 Usage Of Information From bzHub
| 1.5.1. |
bzHUB besides being a facilitator of online trading, is also a source of trading and market information pertaining to the variety of products and services categories listed in the bzHUB website. However, bzHUB has no control over these information and shall not be held liable for how these information are use. |
| 1.5.2. |
The trade and market information displayed on the bzHUB website is just a compilation of the trading done between the “Users” who logged in as a buyer or a seller over a variety of product/service categories done within bzHUB website. The comments on certain products/services are actually feedbacks from the “Users” and may or may not have the brands being mentioned. These may or may not reflect the actual truth about that particular product/service. As such bzHUB is not liable for any consequences that may arise from the usage of these information. The visitors or “User” members irrespective whether they are new or existing “Users” themselves are fully responsible on their own on how they want to use these information obtained from bzHUB. They have to use caution, their own discretion and common sense prior to using these information. |
| 1.5.3. |
Visitors and “Users” has the right to communicate the information they obtained from bzHUB beyond the boundary of bzHUB community and websites but they are entirely responsible for their own action, as such they MUST use their own discretion, common sense and exercise full caution because bzHUB cannot be held liable for any unfavorable outcome that may arise as a result of the Visitors and “Users” action. |
| 1.5.4. |
In a nutshell, bzHUB has no control over the information provided by “Users” which is made available through the bzHUB websites. Visitors and “Users” alike should by no means assume that the people they are dealing with through bzHUB is of acceptable legality and is not acting under false pretence. |
| |
|
1.6 Username And Password
| 1.6.1. |
Each “User” will have a unique Username and Password upon completion of registration. Each “User” is responsible for all actions taken under their respective Username and Password. It is the “User” responsibility to keep their Username and Password safe. The “User” has no right to disclose or transfer their account under bzHUB or Username and Password to any other person. |
1.7 Identity & Contact Details Authenticity
| 1.7.1 |
bzHUB is NOT guaranteeing the authenticity of any “Users” identity and their contact details, as the “Users” themselves is expected to take sole responsibility to disclose their identity and contact details truthfully and honestly to bzHUB. Therefore, bzHUB cannot be held liable for any unfavorable consequences that may occur as a result of incorrect “Users” identity and contact details being furnished to bzHUB. |
1.8 Restricted Activities / Items
| 1.8.1. |
NO ONE irrespective whether new or existing “Users” or even “Visitors” are allowed to use this website for illegal purposes such as inviting offers, offering, selling, exporting, bidding, buy, import or whatsoever transaction or dealings in any forms over any items or services that are considered illegal, banned, or taboo by any countries in the world. These includes but not limiting to human parts, service contract for assassination or any illegal activities, explicit sexual materials or any items or services that are of adult and sexual in nature, endangered wildlife species, illegal drugs, firearms, knives or any other offensive weapons of any sort, dangerous organic, bio-chemicals and inorganic chemicals, radioactive substances, poisons or anything that is deemed harmful to human's health, safety and property, as well as any living things and environment. |
| 1.8.2. |
ALL “Users” MUST exercise full caution, common sense and discretion prior to dealing or transacting in bzHUB. This is because bzHUB is not oblige to protect ANYONE from unsafe items or services that are listed on bzHUB website. NO ONE should assume that the items or services listed on the bzHUB websites are harmless to people or property. |
| 1.8.3. |
NO ONE is allowed to use this website for political purposes which includes but not limiting to boycott a certain individual or group or create an artificial means to control the economy by means of “Monopoly” – defined as economic control by a singular seller or a reverse “Monopolistic” situation – defined as economic control by a singular buyer. |
| 1.8.4. |
NO ONE is a allowed to input or upload false, inaccurate, misleading, offensive, menacing, abusive, vulgar, defamatory information onto any of bzHUB’s websites. |
| 1.8.5. |
NO ONE is allowed to advertise or upload information that are under third party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual rights, or rights of publicity or privacy, without prior written consent from that third party, thereby amounting to infringement of these rights. |
| 1.8.6. |
NO ONE is allowed to offer, sell, buy, export, import products that are stolen or considered as counterfeit item. |
| 1.8.7. |
NO ONE is allowed to create any form of liability for bzHUB to bear or cause bzHUB to lose in whole or in part the services of our Internet Service Providers or other suppliers |
| 1.8.8. |
NO ONE is allowed to be in breach of any applicable laws or regulations, including but not limiting to laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, licenses or third parties rights. |
| 1.8.9. |
NO ONE is allowed to advertise, promote, offer, sell, buy, export, import, etc any items or materials that are banned, dangerous, harmful, etc (the specifics might differ from one state/province to another or from one country to another) this includes but not limited to:
a. Firearms of any form, concealed or otherwise
b. Weaponry of any form, concealed or otherwise
c. Chemicals, Poisons, Radioactive materials or substance in any form or state that are harmful to people, animals, plants and the environment, etc
d. Sex trade, Pornography or anything of such similar nature
e. Endangered species of animals, plants, insects, etc |
| 1.8.10. |
NO ONE is allowed to upload anything that contains computer viruses, bugs, worms or any software of any types and forms, which is capable of interfering, disrupting or causing deterioration to bzHUB’s system normal operation and functioning or causing bzHUB websites to function less efficiently. |
| 1.8.11. |
NO ONE is allowed to hack, infiltrate or breach into the security of bzHUB systems, irrespective whether there are any damage or deterioration in its functionality efficiency or not. |
| 1.8.12. |
NO ONE is allowed to utilize any of bzHUB websites for any illegal activities, such as terrorism recruitment activities, communicating, trading and funding of any activities that can be considered as terrorism in nature. |
| 1.8.13. |
NO ONE is allowed to copy in part or in full, any part of the bzHUB website, irrespective whether it is relating aesthetics, design, layout or relating to technicality such as its system process flows, its networks of software, database, etc. |
| 1.8.14 |
A breach in any part of these clauses under, “Restricted Activities / Items” above will result in bzHUB taking legal action against the parties involved IF it had affected bzHUB negatively in any way. |
| 1.8.15 |
In the event of any breach in any clauses mentioned under “Restricted Activities/ Items” above, specifically or implied, by any of the bzHUB members, bzHUB cannot be held liable and/or responsible as ultimately these are beyond bzHUB’s reasonable control. |
1.9 Rights To “User” Information
| 1.9.1. |
During the process of using bzHUB website, “Users” will input information into the bzHUB websites. These information are input at “Users” freewill and full awareness that their information will be used by bzHUB. Therefore ALL “Users” shall grant bzHUB exclusive, global, continuous, irrevocable, royalty free rights to use their information in anyway, manner or method bzHUB choose to. “User” in return cannot hold bzHUB liable or seek payment in any form for using those information that the “User” themselves input into any of bzHUB’s websites. |
2.0 Legal Actions Between "Users"
| 2.0.1. |
In the event that one “User” have any dispute, right, claim or legal action against any other “User” for negatively impacting him/her with misconduct or malpractice during the use of bzHUB websites, the aggrieved “User” agrees to not involve the entire bzHUB organization including but not limiting to its parent company, existing and future wholly owned subsidiaries, bzHUB’s board of directors, employees, agents into such dispute, right, claim or legal action. Unless the aggrieved “User” can produce solid evidence to prove otherwise. If not, the aggrieved “User” thereby will pursue such actions independently, declare bzHUB’s non-involvement and indemnify bzHUB from any risks. |
| 2.0.2. |
IF the aggrieved “User” do not adhere to what is stipulated in clause 2.0.1 above, and as a result had negatively affected the “image and reputation” of bzHUB name and organization, bzHUB will hold ALL involved “Users” including the aggrieved “User” fully responsible for tarnishing its “image and reputation”. bzHUB will terminate these involved “Users” membership and if necessary, may take legal actions against those responsible, to seek for reasonable compensation and official public apology. |
2.1 Offering, Selling & Buying
| 2.1.1. |
As a buyer, the “User” is obligated to complete a transaction with a seller and vice versa. Unless the transaction is prohibited by laws of any countries in the world or by this agreement, both buyer and seller MUST ensure that they are mentally, legally, resourcefully and financially fit and capable to trade in bzHUB. |
| 2.2.1. |
By accepting an offer to purchase from the seller, the buyer agrees to be bound by the terms and conditions of sales stipulated by the seller. |
2.3 Cancelling Purchase / Order
| 2.3.1. |
An order or purchase can be cancelled at the following conditions:
a. Seller changed the product/service specification after the deal is concluded
b. A clear typographical error is made
c. Seller’s identity cannot be authenticated
d. Before the deal is concluded
Otherwise the purchase / order cannot be cancelled. |
2.4 Price Manipulation Through Volume Or Quantity
| 2.4.1. |
The price of physical products are determined by the sellers themselves prior to submitting it for advertising on bzHUB website. Each sellers MUST come prepared with a range of price either based on various volume or quantity or based on a certain quantum of price change per every unit change in quantity / volume ordered when they are entering in to bargain with the buyers.
bzHUB system will provide an overview analysis of the demand and supply situation within the bzHUB market environment to assist both seller and buyers decide on their pricing & bargaining strategy.
|
2.5 Price Manipulation Through Other Means Than Volume Or Quanity
| 2.5.1. |
The price or cost of services, as differed from physical products, especially intangible services are determine by the service providers themselves (here referred to as the “Seller”) based on the complexity of tasks, hours taken or specification and/or the quality, goodwill, popularity, etc or any other means than volume and quantity.
bzHUB system will display the relevant prices as per whatever specification given by the “Seller”. In this case, the change in cost of service may or may not change in the similar manner as those of physical products which is very straightforwardly based on just volume or quantity ordered.
Do NOT expect the cost of service will decline or increase like those of physical products simply because there are increasing number of people asking for the service.
|
2.6 Control Of Price / Cost
| 2.6.1. |
Based on what is stipulated in clause 2.4 and 2.5, bzHUB has no authority or whatsoever control over the pricing or cost of products/services listed on the bzHUB websites. These are entirely under the full control by the “Users” themselves. As a consequent, bzHUB cannot be held liable for any unforeseen negative outcome that might affect bzHUB, irrespective whether it is legal, political, financial or whatsoever.
If there is indication or signs of either buyers’ or sellers’ coalition to conduct price fixing, monopoly or reverse monopoly through any bzHUB websites at anywhere and anytime in the world, bzHUB officially declares herein that the entire bzHUB organization which includes but not limiting to its parent company, existing and future wholly owned subsidiaries, the bzHUB board of directors, employees, agents that unless solidly proven otherwise with clear and hard evidence, DOES NOT CONCUR TO SUCH ACTS OR INTENTIONS AND IS NOT AT ALL INVOLVE in these misconducts and bzHUB organization in its entirety shall be exempted from any negative outcomes or associated risks or prosecution under the Anti-Competitive Laws and Regulations enacted in United States of America and European Continent or any similar Laws and Regulations in any part of the world.
|
2.7 Legal Actions Against The "Others" (Refer To Definition Above)
| 2.7.1. |
bzHUB has no management or decision control over the “Others”. Therefore bzHUB cannot be held liable for any misconduct or involvement in any misconduct done by the “Others”. As such, bzHUB shall be indemnified from any risks or any negative outcomes or whatsoever due to these actions by the “Others”.
IF bzHUB by any chance is gotten involved in any cumbersome issues, which includes but not limiting to legal actions, political or criminal entanglements, etc by the “Others” that inevitably affect bzHUB “image and reputation” negatively, irrespective whether it is short or long term, immediately or otherwise, bzHUB will immediately detach involvement from the “Others” and seek legal actions against the “Others” and all parties involved.
|
| 2.7.2. |
Gauging Decline In “Image and Reputation”
As per the definition on “Image and Reputation” stipulated above under clause 2.0.2, a decline in “Image and Reputation” can be clearly gauged through the decline in part or all of bzHUB’s business worth or value, revenue, popularity, number of “Users” and “Visitors” using bzHUB business IF the declination is not the result of any other reasons than what was defined as “Image and Reputation” above.
As such it is this same gauging that will be used to measure the value or cost of any legal claims, when it arises.
|
| |
LISTING PACKAGE: Fees and Charges |
| 2.8.1. |
bzHUB shall charge its “Users” :
|
| |
a. Advetisement fees:
| Package |
Daily Charges |
Specifications |
|
Basic
|
bzD0.10/day |
1 still photo + 1 movie |
| Deluxe |
bzD0.30/day |
3 still photos + 1 movie |
| Premium |
bzD0.50/day |
5 still photos + 1 movie
|
|
| |
b. A 1% transactional fees is chargeable to the seller for each deal concluded. Meaning a match is found between buyers and seller, and a transaction successfully occurred, where there is an exchange in bzD points between the buyer and the seller.
These fees and charges shall remain unchanged until further notice from bzHUB. Note that the charges is based on a daily basis. “Users” need to manual key in to specify exactly how many days do they want to advertise. bzHUB will refund the unused days by crediting back the bzD points back into the “Users” bzD account. |
2.9 Fees And Charges Variation
| 2.9.1. |
bzHUB reserves the right to change the fees and charges irrespective whether of the format or value of the fees and charges at any time. |
| 2.9.2. |
The new fees and charges will be effective immediate after its first posting on the bzHUB websites and it is applicable to ALL “Users” irrespective whether new or existing.
|
| 2.9.3. |
The changes in fees and charges are subjected to the change in Malaysian Ringgit against foreign currency (US Dollar) of at least 10% from the original value. Other factors includes bank charges, payment gateway charges, re-investments cost meant for hardware, software and any other types of website features upgrading, etc will also affect the fees and charges, and bzHUB will re-calculate the new fees and charges based on all of these factors.
|
| 2.9.4. |
bzHUB will give minimum 30 days advance notice on any change in fees and charges by announcing it over the bzHUB websites. |
| 3.0.1. |
“Users” are required to open an account with bzHUB by buying bzD points, as bzD is the official trading currency within the bzHUB environment. |
| 3.0.2. |
Every bzD 1.00 is equivalent to RM1.00 - all subjected to Foreign Exchange Rates as mentioned in clause 2.9.3. above
|
| 3.0.3. |
bzHUB offers its bzD points in the following denomination:
- a. bzD10 = RM10
- b. bzD50 = RM50
- c. bzD100 = RM100
- d. bzD500 = RM500
- e. bzD1,000 = RM1,000
- f. bzD5,000 = RM5,000
- g. bzD10,000 = RM10,000
- h. bzD50,000 = RM50,000
- i. bzD100,000 = RM100,000
|
3.1 Delivery Of Products & Services
| 3.1.1. |
bzHUB although is a venue complete with facilities for trading online is NOT INVOLVE in the actual delivery of products or performance of service. This as describe above is the sole responsibility of both the buyer and the seller. |
| 3.1.2. |
bzHUB although may provide linkage to various business partners in the future, that may include financial, delivery services, etc but irrespectively bzHUB has no control or whatsoever over the actual delivery / performance of the products/services provided by these business partners. As such, bzHUB shall not be held liable for any delay or non-delivery or the quality of performance by these business partners. Therefore NO parties shall seek compensation or claim against bzHUB or any part of its organization on these matters.
|
3.2 Refunds For Non-Delivery / Non-Performance Of Products / Services
| 3.2.1. |
bzHUB although is a venue complete with facilities for trading online is NOT INVOLVE in the actual delivery of Buyer MUST click on the link to the Complain Forum in bzHUB to inform of any NON-DELIVERY/NON-PERFORMANCE immediately or as soon as possible. Otherwise the system will automatically update the status to “Received” after Fourteen (14) days from the date AFTER the deal is concluded between the Seller and the Buyer, as per clause 3.2.1.1 below. Only AFTER the criteria stipulated under clause 3.2.1.2, 3.2.1.3, 3.2.1.4 and 3.2.1.5 below are fully satisfied shall the buyer be refunded, after deducting bank charges, handling fees, administrative fees and any miscellaneous associated charges incurred |
| |
3.2.1.1
|
Non-delivery/Non-performance of products/services refers to the product/services ordered that has not been physically received by / provided to the Buyer. As such, the affected Buyer MUST click into the link to “Complain Forum” to address this matter to the “Seller” concerned all within Fourteen (14) days from the date when the deal is concluded between the seller and the affected buyer. |
| |
3.2.1.2 |
The affected Buyer MUST come prepared with sufficient evidence to support their claim of NON-DELIVERY/NON-PERFORMANCE, and vice versa the Seller involved must come prepared with their defense when this case is brought up to the “Complain Forum”. |
| |
3.2.1.3 |
bzHUB may assist to mediate in this case to hopefully help resolve the dispute. Irrespectively, bzHUB is not responsible for the outcome of this discussion and shall not guarantee on the resolution of this dispute, especially if it took too long and has failed to resolve amicably and/or may be taken up to the court for further legal action. If such incident arises, bzHUB shall act accordingly based on clause 2.0.1 and 2.0.2 above. |
| |
3.2.1.4 |
The affected Buyer will be subsequently refunded within Fourteen (14) days from the date AFTER bzHUB confirmed the authenticity and validity of the claim of NON-DELIVERY/NON-PERFORMANCE. |
| |
3.2.1.5 |
Irrespectively bzHUB shall not and will not entertain any claim for refund or any sort of complaints on anything transacted after Five (5) days from the date of products received by the affected buyer whether it is confirmed by the affected buyer himself/herself or automatically updated as “Received” by the system after the Fourteen (14) days deadline. In other words, the affected Buyers are given another Five (5) days from the date when they clicked “Received” to resubmit their complains, failing which this case will be considered closed. |
| 3.2.2. |
Refunds are only applicable if there are NON-DELIVERY / NON-PERFORMANCE of Products / Services by the seller. In such event, the aggrieved buyer may request bzHUB to act as a mediator to assist the buyer in the process of resolving this matter with the seller. |
| 3.2.3. |
Refunds are not applicable for any quality issues/complaints, pricing dispute, offer withdrawal by seller before the deal is concluded, part performance or delayed delivery or any other reasons than what is stipulated in clause 3.2.2. |
| 3.3.1. |
bzHUB shall release payments to the seller on the products / services ordered IF the delivery confirmation is not communicated to bzHUB administrators AFTER the Nineteenth (19th) day from the date of the first order by the buyer. |
| 3.3.2. |
bzHUB recommend Buyers who uses a certain intangible items such as service, software, etc from the seller which might require a period longer than Nineteen (19) days to confirm its satisfactory level, to request bzHUB to hold the payment release, and arrange for manual payment release to the seller, after agreement from the seller. Thus, the is a need for both buyers and sellers to enter into a discussion forum (by clicking onto the link to “Complain Forum”). |
| 3.4.1. |
The refunds and payment release terms and conditions does not cover for any products or services that requires longer duration to conclude than what is stipulated under clause 3.3.1 above. |
| 3.4.2. |
As such, bzHUB shall not be liable for any losses or risks incurred IF the disputes between the seller and buyer cannot be satisfactorily resolved despite with bzHUB acting as their mediator. |
| 3.5.1. |
It is the responsibility of the “User” to clarify, specify and notify bzHUB (during when they filled up the Questionnaires available in the bzHUB website), on which particular part of the information that they provided are PRIVATE and NON-DISCLOSEABLE. A failure to do so, will result in bzHUB not considering any part of the information provided are PRIVATE and NON-DISCLOSEABLE. |
| 3.5.2. |
bzHUB is assuring that the information provided by “User”, which are considered private by the “User”, will be kept concealed with utmost confidentiality and will not disclose these information to any third parties unless it is absolutely vital and crucial for bzHUB but prior to these, bzHUB shall provide advance notification to the “User” via email and if bzHUB do not receive any reply from the “User” within 48 hours from the date of first notification, it will be deemed agreeable by “User” to allow bzHUB disclose these information to a third party, and the “User” shall not hold bzHUB liable for the disclosure. |
| 3.5.3. |
bzHUB does not and will not retain or store any credit card information of any members even if the members gave their full consent. |
| 3.6.1. |
bzHUB do not guarantee a continuous, uninterrupted or secure access to the bzHUB websites as its operation may be interfered by numerous factors, both known and unknown causes which are beyond bzHUB’s control. |
3.7 Non-consequential & Direct Lost / Damages
| 3.7.1. |
bzHUB shall not be excluded from the responsibility and liability on direct lost or direct damages to property, from the “Users” usage of bzHUB websites and services, IF it is solidly proven with clear and hard evidence that it is the direct result of negligence on the part of bzHUB organization or any of its board of directors, employees and agents. HOWEVER, bzHUB shall not and will not bear any consequential lost or indirect damages to property or whatsoever from the “Users” usage of bzHUB websites and services. |
| 3.7.2. |
bzHUB shall compensate at the MAXIMUM of 5% of the total yearly revenue gain in bzHUB.com from a “User” or MAXIMUM worth of RM300 (whichever lower) to the aggrieved “User” for DIRECT and non-consequential lost or DIRECT and non-consequential damage to property or anything which is of DIRECT CAUSAL provided IF it is solidly proven with clear and hard evidence that it is the direct result of negligence on the part of bzHUB organization or any of its board of directors, employees and NOT ANYONE ELSE. |
| 3.7.3. |
In the event that either due to interruption in line connection between “Users” and bzHUB.com or any form of malfunction to bzHUB servers and systems irrespective whether it is a hardware or software malfunction and as a result, it somehow cause unexpected lost or damages in anyway to the "Users", IT CANNOT BE CONSIDERED AS DIRECT LOST. This is because any such interruption of service is undesired, unexpected and beyond bzHUB's reasonable control. |
| 3.8.1. |
bzHUB also provides commission as a token of appreciation to any “Users” who recommended, introduced, coerced others to join as bzHUB new member. IF a pair of these new “Users” sold a product in bzHUB, then the original introducer shall be rewarded with bzD2.00. However, the commission is only applicable to first time transaction of this pair of new "Users" and it is ONLY VALID for a combined sales value of bzD60. bzHUB reserves the right to withdraw the original introducer's commission IF this term is breached by those he/she introduced. |
3.9 Governing Law And Legal Compliance
| 3.9.1. |
This agreement shall be governed by and construed in accordance with the laws and regulations of the countries which the “User” is in. As there are differences in laws and regulations from one country to another all around the world, pertaining to commercial transactions between buyers and sellers, there may be additional legal requirements or possible modification to this agreement. Irrespective of what the case maybe, the affected “User” MUST comply with ALL applicable domestic and international laws, statutes, ordinance and regulations relating to the use of bzHUB services for any sort of commercial purposes. NO ONE should assume that they can do what other “Users” of another country can do or that bzHUB is approving or condoning their action. It is the responsibility of each “User” to observe and adhere to the differences in domestic laws and regulations between one country to another |
4.0 Miscellaneous Dispute Resolution
| 4.0.1. |
In the event of any dispute between bzHUB and "User”, it will be resolve as fairly and quickly as possible. Disputes relating to services or any other types of disputes must be reported to bzHUB customer service centre by e-mailing to customcare@bzhub.com |
| 4.0.2. |
If the dispute is not reported to bzHUB within 90 days from the date of dispute arise, it will not be entertained |
| 4.0.3. |
In the event of any dispute that is not resolved within 90 days from the date of first reporting to bzHUB customer service centre, shall be deemed beyond resolution, and shall be settled by arbitration in accordance with the Rules of Arbitration, of the Kuala Lumpur Regional Arbitration Centre (KLRAC) where there shall be one arbitrator, the language of arbitration shall be English, the place of arbitration shall be at KLRC, Kuala Lumpur, Malaysia. The costs of the arbitration shall be borne by the originator of dispute. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The judgment on the arbitration award may be entered into any court having jurisdiction thereof. |
| 4.1.1. |
Any third party who is not part of this agreement, shall have no rights and therefore not involve in any terms and conditions of this agreement. |
4.2 Imagery Copyright Declaration
| 4.2.1. |
All images in bzHUB.com website are NOT FOR SALE, neither it is for reprinting nor it is for redistribution, nor it is for downloading or any form to duplication irrespective whether for monetary gain or any other purposes. |
| 4.2.2. |
There are four (4) types on images in bzHUB.com : |
| |
1. |
Those uploaded by members for trading purposes and is willingly uploaded by the members themselves |
| |
2. |
Those given by companies as Banner Advertisements and is willingly given to bzHUB by the valid representatives of these companies. |
| |
3. |
Those fixed images of people in the login page, homepage, About Us page, Contact Us page, etc are ALL meant as Decoration and for decoration only. These images were purchased through http://www.bigstockphoto.com/ and for permitting bzHUB to use these images, bzHUB will and is adhering to ALL terms and conditions stipulated in the website http://www.bigstockphoto.com/ from the moment these images were duly purchased. |
| |
4. |
Those non-human images eg. The bzHUB Bee logo and the Beehives images are also meant for decorative purpose and not for sale, reprint, download or any form of copying or duplication for any reasons at all. Particularly the bzHUB bee logo is trademarked under bzHUB organization and bzHUB shall take legal actions against any party or anyone who download, copy or modify this logo for reprinting, redistribution for any reason at all. |
| 4.2.3. |
Anyone or any parties found guilty of copying, downloading, modifying, etc of any of those images stipulated in bzHUB.com for reprinting, redistribution, reselling or for any reason at all without a written consent from the copyright license holder of these images, will be at risk of legal actions taken upon them. |
| 4.2.4. |
To this effect, bzHUB now declares publicly that as an organization in entirety, bzHUB shall not and IS NOT involved in or condone or concur to any imagery copyright infringement activities.
Therefore IF in the event where someone copied, downloaded, modified whatever images from bzHUB.com website, for reprinting, redistribution, reselling or for any reasons at all, bzHUB MUST BE INDEMNIFIED from any associated risks, damages, losses, law suits, etc by any parties at all, for in no part bzHUB organization is involved in such activities which is deemed illegal by bzHUB organization.
Instead these legal actions MUST BE TAKEN upon the responsible perpetrator by the copyright license holder or owner of these images themselves and to NOT INVOLVE bzHUB organization. Otherwise bzHUB will act accordingly based on clause 2.0.1 and 2.0.2 above
|
4.3 Business Concept Pioneering Status Declaration
| 4.3.1. |
bzHUB.com utilized a freestyle, real-time, two way negotiation method in an online trading environment. This concept was first contrived back in November 11th, 1995 by the founder of the bzHUB organization. Since bzHUB.com is an adaption of this concept, ALL its source codes are also deemed to reflect the originality of this concept which bzHUB organization had coined as L.O.N. (Live Online Negotiation) method as opposed to Online Auctioning. To this effect bzHUB organization declares that they are the true pioneering founders of the L.O.N. concept. |
| 4.3.2. |
bzHUB held sole copyright to the L.O.N. Concept and bzHUB.com. Anyone who attempt to copy or imitate bzHUB’s website will be liable and appropriate legal action shall be taken upon the guilty perpetrator. |
| 4.2.3. |
ALL visitors and members shall therefore agree to observe and adhere to these terms and conditions whenever they log into bzHUB.com |
| 4.4.1. |
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), World War, Civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity [or telephone service or Internet service or any form of telecommunication], and ALL parties shall resume their respective obligation under this agreement, once the Force Majeure situation ended and no longer impedes neither Party from adhering to the terms and conditions under this agreement. Therefore, No party will have a right to terminate this Agreement under such circumstances of Force Majeure.
Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
|
|
|
| |
|
|
|
| |
|
|
|