By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. As NearPlus makes use of Google Playstore and IOS in the provision of its Services, users of NearPlus's Sites and Services are also bound by Google's and Apple's Terms of Service.
Effective 01 July 2016 : the Agreement is between you and IT Transfer Sdn Bhd being the operator of NearPlus.
1. NearPlus is a Venue
NearPlus acts as a venue to allow users who comply with NearPlus policies to offer, sell and buy goods. NearPlus is not directly involved in the transaction between buyers and sellers. As a result, NearPlus has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. NearPlus does not pre-screen users or the content or information provided by users. NearPlus cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, NearPlus does not transfer legal ownership of items from the
seller to the buyer.
NearPlus cannot guarantee the true identity, age, nationality, or sense of humor of a user. NearPlus encourages you to communicate directly with potential transaction partners via the tools available on the Sites. You may also want to consider using a third-party escrow service or services that provide additional user verification.
You agree that NearPlus is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on NearPlus. You use the NearPlus service at your own risk.
2. Membership Eligibility
Age: NearPlus services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. NearPlus may, in its sole discretion, refuse to offer access to or use of the Sites to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use NearPlus services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct
and acceptable content. You are responsible for all applicable taxes. In
addition, you must abide by NearPlus policies as stated in the Agreement and the
NearPlus policy documents listed below (if applicable to your activities on or
use of the Site) as well as all other operating rules, policies and procedures
that may be published from time to time on the Site by NearPlus, each of which
is incorporated herein by reference and each of which may be updated by NearPlus
from time to time without notice to you:
- Community Guidelines
In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by NearPlus from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all
activity, liability and damage resulting from your failure to maintain password
confidentiality. You agree to immediately notify NearPlus of any unauthorized
use of your password or any breach of security. You also agree that NearPlus
cannot and will not be liable for any loss or damage arising from your failure
to keep your password secure. You agree not to provide your username and
password information in combination to any other party other than NearPlus
without NearPlus express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your NearPlus account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: NearPlus services are not available to indefinitely suspended NearPlus members. NearPlus reserves the rights, in NearPlus sole discretion, to cancel non renewable expired accounts. NearPlus reserves the right to refuse service to anyone, for any reason, at any time.
3. Fee, Delivery Method and Refund Policy
You may join NearPlus as Free User, or subscribe Standard Plus package @ RM300.00 per year, Advance Plus package @ RM600.00 per year or Premium Plus package @ RM900.00 per year.
Free User may download the NearPlus apps using Google Play Store or IOS, and create their own user account. For Member Plus and Biz Plus package subscribers, an email notification with activation username and password will be sent upon successful payment transacted.
All subscription fees are non refundable whether in full or in proportion.
4. Listing and Selling
Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with NearPlus published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your NearPlus profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location and price or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to NearPlus and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on NearPlus.
Your Content and your use of NearPlus shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Contain items that have been identified by the domestic and/or international authorities as hazardous to consumers and therefore subject to a recall;
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including NearPlus staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Be obscene or contain child pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Host images not part of a listing;
- Take any actions that may undermine or discredit the NearPlus feedback and ratings systems;
- Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by NearPlus with respect to the Services and/or data transmitted, processed or stored by NearPlus;
- Harvest or collect any information about or regarding other NearPlus account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers ("Automated Data Collection"), or otherwise, including, without limitation, any personal data or information;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
- Modify, adapt or hack NearPlus or modify another website so as to falsely imply that it is associated with NearPlus;
- Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- Appear to create liability for NearPlus or cause NearPlus to lose (in whole or in part) the services of NearPlus ISPs or other suppliers;
- Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- Use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
- Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
Furthermore, you may not list any item on NearPlus (or consummate any transaction that was initiated using NearPlus service) that could cause NearPlus to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
Re-Posting Content: By posting Content on NearPlus, it is possible for an outside website or a third party to re-post that Content. You agree to hold NearPlus harmless for any dispute concerning this use. If you choose to display your own NearPlus-hosted image on another website, the image must provide a link back to its listing page on NearPlus.
Idea Submissions: NearPlus considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and NearPlus shall not be liable for the disclosure or use of such Material. If, at NearPlus request, any member sends Material to improve the site (for example to customer support), NearPlus will also consider that Material to be non-confidential and non-proprietary and NearPlus will not be liable for use or disclosure of the Material. Any communication by you to NearPlus is subject to this Agreement. You hereby grant and agree to grant NearPlus, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
NearPlus does not control the Content provided by users that is made available on NearPlus and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
You acknowledge that NearPlus may or may not pre-screen Content, but that NearPlus and its designess shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, NearPlus and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if twe receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
You acknowledge, and consent to and agree that NearPlus may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over NearPlus or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of NearPlus, its users and/or the public.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using NearPlus, you agree to accept such risks and that to the maximum extent permitted by applicable law, NearPlus (and NearPlus officers, directors, agents, subsidiaries, joint ventures, creators and employees), under no circumstances, will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on NearPlus. Please use caution, common sense, and practice safe buying and selling when using NearPlus.
Other Resources: NearPlus is not responsible for the availability of outside websites or resources linked to or referenced on the Site. NearPlus does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that NearPlus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with NearPlus's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. NearPlus is not involved with user generated groups, the groups' requirements, or the Meetings.
NearPlus does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that NearPlus does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
9. Resolution of Disputes and Release
Disputes with NearPlus: In the event a dispute arises between you and NearPlus, please contact NearPlus. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Malaysia, using the English language, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable solicitors' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Malaysia. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and NearPlus agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between
you and another, NearPlus encourages you to contact the user or third party to
resolve the dispute amicably.
Should you be unable to resolve a dispute between you and another arising from a transaction on NearPlus, please contact NearPlus at support@NearPlus.com. NearPlus, for the benefit of users, may try to help users resolve disputes. NearPlus does so in NearPlus's sole discretion, and NearPlus has no obligation to resolve disputes between users or between users and outside parties. To the extent that NearPlus attempts to resolve a dispute, NearPlus will do so in good faith based solely on NearPlus's policies. NearPlus will not make judgments regarding legal issues or claims.
Should you have a dispute with one or more users, or an outside party, you release NearPlus (and NearPlus's officers, directors, agents, subsidiaries, joint ventures, creators and employees) from any and all 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. NearPlus encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
10. NearPlus's Intellectual Property
NearPlus, and other NearPlus graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of NearPlus in Malaysia and/or other countries. NearPlus's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
NearPlus may contain robot exclusion headers which contain internal rules for software usage. Much of the information on NearPlus is updated on a real-time basis and is proprietary or is licensed to NearPlus by NearPlus users or third-parties. You agree that you will not engage in Automated Data Collection for any purpose whatsoever without NearPlus prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in NearPlus sole discretion, an unreasonable or disproportionately large load on NearPlus's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses of NearPlus from the Site except with prior express written permission of NearPlus and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
- Bypass NearPlus's robot exclusion headers or other measures NearPlus may use to prevent or restrict access to NearPlus.
Without limiting any other remedies, NearPlus may, without notice, delay or immediately remove Content, warn NearPlus community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Your privacy is very important to us at NearPlus. By using the Services or providing information on the Site, you consent to NearPlus's collection, use, disclosure and/or processing of your Content and personal data. NearPlus will not sell or disclose your personal information to third parties without your explicit consent. NearPlus stores and processes Content on computers that are protected by physical as well as technological security.
Users in possession of another user's personal data through the user of the Services (the "Receiving Party") hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party") to remove his or her data so collected from the Receiving Party's database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
14. No Warranty
NEARPLUS, NEARPLUS SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND NEARPLUS SUPPLIERS PROVIDE NEARPLUS'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NEARPLUS, NEARPLUS SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES AND NEARPLUS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM NEARPLUS SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Liability Limit
IN NO EVENT SHALL NEARPLUS, AND (AS APPLICABLE) NEARPLUS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR NEARPLUS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, NEARPLUS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIHGT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, NEARPLUS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEARPLUS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NEARPLUS SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED TO USD1.
YOU AGREE TO INDEMNIFY AND HOLD NEARPLUS AND (AS APPLICABLE) NEARPLUS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CREATORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITORS' 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.
17. No Guarantee
NearPlus does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside NearPlus control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any NearPlus service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on NearPlus net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and NearPlus are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. NearPlus Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Malaysia.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (NearPlus's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by electronic mail to support@NearPlus.com (in the case of NearPlus) or, in your case, to the email address you provide to NearPlus (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, NearPlus may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NearPlus. In such case, notice shall be deemed given three days after the date of mailing.
Effective Date: 01 July, 2016
Updated: 01 July, 2016
NearPlus reserves the right to alter these policies at any time. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.