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Terms of Use Agreement |
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Welcome to MDEX.my. The following Terms of Use Agreement describes all the terms and conditions applicable to your use of the MDEX portal and participation in the e-commerce activities facilitated by MDEX which is identified by the uniform resource locator www.MDEX.my (the "Site").
The Terms of Use Agreement may be modified or updated by us at our sole discretion from time to time without prior notice to you.
You are agreeing to the following terms and general principles by using the services on MDEX. You shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
Before becoming a registered member of MDEX, we strongly recommend that you read and accept all of the terms and conditions of this User Agreement, which includes MDEX Privacy Policy and any other policies and guidelines incorporated herein by reference.
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1. Acceptance of Terms of Use Agreement |
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| 1.1 |
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By registering or using MDEX.my, you agreed to the terms and conditions of this Terms of Use Agreement. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. |
| 1.2 |
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MDEX reserves the right to modify or amend this Terms of Use Agreement at any time by posting the amended and restated Agreement on the Site.. All changes will be effective immediately upon their implementation. You agree that by accessing or using the MDEX Website without any objection following posting of such changes, constitutes your acceptance of the revised terms. |
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2. Eligibility and Registered Users |
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| 2.1 |
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MDEX is open to all users with the below criteria depending on their roles & intentions using MDEX:
MDEX Buyers: Any individual
MDEX Sellers : Users must possess a Company with valid and non-expired Company Registration Number with the Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia). |
| 2.2 |
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Each User who has filled in an online registration form on the Site by giving the information
needed (such as name, address, telephone, details of its business, etc.) is a registered user of MDEX.my. Their membership notification such as account activation will be sent through email. All registration information is subject to MDEX Privacy Policy. |
| 2.3 |
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MDEX.my will establish an account for each Registered User and each Registered User will be assigned 1 (one) user ID and password for accessing its own Account. You are responsible for all activities that take place under your user account. It is your responsibility to maintain the confidentiality of your password and if you become aware of any unauthorised use of your website using your password or account, you must notify MDEX immediately at: enquiry@mdex.my . |
| 2.4 |
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A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party . You must provide accurate and current information to us to open and maintain your account. If you provide any information that is false, misleading, inaccurate, or outdated, MDEX may suspend or terminate your account and deny you access to the Website. The Website may also not be available to you if your registration has been temporarily or indefinitely suspended or terminated. |
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3. Fees & Services |
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| 3.1 |
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Joining MDEX as a buyer is FREE |
| 3.2 |
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We do charge a yearly subscription fee for sellers in MDEX.my. |
| 3.3 |
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All fees are quoted in Malaysian Ringgit (RM / MYR) |
| 3.4 |
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All MDEX registered users will receive an email notification to renew their subscriptions with
relevant payment options provided by MDEX Operator, Multimedia Prospect Sdn Bhd (516641-W) (MPSB). Subscriptions will be renewed once payment is confirmed and cleared. |
| 3.5 |
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You are responsible for paying all fees associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and may at any time and at our sole discretion, limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content for any sums due from you to MDEX. |
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4. Content / Information Posted in MDEX.my |
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| 4.1 |
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You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. |
| 4.2 |
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Each user hereby grants us with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to use, post, display, copy, modify the format of, reproduce, and distribute as necessary to maintain the website, manage auction, and conduct business anticipated by this Agreement when you post a content in MDEX.my |
| 4.3 |
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MDEX and MPSB are not responsible for and shall have no liability for any User Content, including defamatory, offensive or illicit material and that risk of damages from such material rests entirely with you. You are solely responsible for any of your User Content and shall indemnify, defend and hold harmless MPSB and its officers, directors, employees, affiliates, representatives and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from any third party claim or allegation that the User Content infringes any patent, copyright, trade secret, privacy, trademark or other proprietary right of such third party. |
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Each User hereby agrees that information submitted to MDEX.my for display on the Site shall not:
- Contain any material that abuses, harasses, stalks, threatens, or otherwise violates the legal rights of others.
- Be obscene or contain any pornography includes but is not limited to commercial pornography, paedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws, otherwise promotes sexually explicit materials or is otherwise harmful to minors.
- Contain any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- Relate to sale of products or services that violate of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the express permission of such parties
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities
- Use MDEX for the transmission of spam and/or any type of viral marketing and/or pyramid scheme
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement
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| 4.5 |
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MDEX places certain restrictions on types of items offered for sale and the type of listings on the site. The following prohibited items and listing types shall not be listed on any of MDEX.my site. |
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Adult or Sexual Material |
This includes DVD's and Adult toys |
Anti and Violence |
Items and associated websites may not promote violence or advocate against a protected group. A protected group is distinguished by their: * Race or ethnic origin * Color * National origin * Disability * Sex * Age * Veteran status * Sexual orientation/Gender identity |
Borrowed content |
Posting is not permitted for content borrowed from other websites. You must own the content you submit, or you must be submitting on behalf of the content owner. |
Copyrighted media and software |
All items must respect copyright law. Posting is not permitted for unauthorized copies of media, software, or other licensed or protected material. |
Counterfeit and unauthorized goods |
Items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods. |
Drugs - Prescription Drugs |
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Embargoed Items |
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Fireworks / Pyrotechnic devices and hazardous materials |
Posting is not permitted for the promotion of fireworks and related goods; toxic, explosive, flammable, and radioactive materials and substances. This includes information on how to create explosive devices. |
Travel Vouchers |
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Freon and/or Other Hazardous Materials |
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Gaming/gambling |
Posting is not permitted for online casinos, sports books, bingo, and affiliates with the primary purpose of driving traffic to online gambling sites. |
Government-issued identification documents, whether authentic or counterfeit |
(e.g., fake IDs for age verification, fake government credentials, passports, green cards, birth certificates), police badges or insignia, and any other law enforcement items (e.g., FBI identification cards, badges, uniforms, flashing lights/sirens, etc.) generally restricted for sale under federal and state law. |
Hacking and cracking materials |
Posting is not permitted for the promotion of manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property. |
Human Parts or Remains |
Posting is not permitted for the promotion of body parts or human remains. |
Illegal or restricted weapons and related accessories, including the following: |
(e.g., Firearms and firearm accessories, Ammunition, Scopes, and Silencers, Switchblade knives, Any concealed weapon, Any explosive device and/or Martial arts weapons) |
Used Undergarments |
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Lock picking Devices |
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Lottery Tickets |
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Mod Chips, Game Enhancer's and/or Boot Discs |
Posting is not permitted for the promotion of mod chips or other devices designed to circumvent copyright protection. |
Multi-level Marketing, Pyramid and Matrix Programs |
Posting is not permitted for the promotion of multi-level marking (MLM) businesses or other businesses that recruit members and offer them rewards for recruiting others and/or selling services ("pyramid schemes"). |
Offensive Material |
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Personal Information |
You may not post content that includes contact or personal information about another individual without their permission. |
Wholesale currency |
Posting is not permitted for the promotion of discounted currencies or currency exchanges. |
Pre-Sale Listings |
You must have item in hand to sell. |
Recalled Items |
Recalled items are prohibited by law and may not be sold. |
Satellite, cable descramblers and black boxes. |
Posting is not permitted for products that descramble cable and satellite signals in order to get free cable services. |
Slot Machines |
No Coin-Operated Slot Machines |
Stock Shares or any other securities |
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Stolen Items |
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Tobacco |
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5. Transactions between Buyers and Suppliers |
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| 5.1 |
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Through the Site, MDEX.my provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. MDEX.my does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, MDEX.my does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. |
| 5.2 |
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Users are hereby made aware that there may be risks of dealing with people acting under false pretences. MDEX.my uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MDEX.my cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing. |
| 5.3 |
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Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. |
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6. Disclaimer of Liability |
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| 6.1 |
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Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. |
| 6.2 |
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From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. Under no circumstances shall MDEX.my be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly, regardless of whether or not this s
unavailability is caused by the negligence of MPSB. |
| 6.3 |
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Each User hereby agrees to indemnify and save MDEX.my, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement and which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. |
| 6.4 |
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The User agrees to indemnify MPSB against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of MDEX.my by the User. |
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7. Currency |
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| 7.1 |
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All references to currency herein are to Ringgit Malaysia (RM / MYR) |
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8. Copyright |
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| 8.1 |
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MPSB retains copyright in all template styles and designs displayed by MDEX.my on your site |
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9. Alteration |
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| 9.1 |
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MPSB may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website. |
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10. Entire Agreement |
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| 10.1 |
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These website terms and conditions constitute the sole record of the agreement between you and MPSB in relation to your use of the MDEX.my website. Neither you nor MPSB shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and MPSB in respect of your use of the website. |
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11. Applicable Laws |
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| 11.1 |
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Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any principles of conflict of law. This Agreement shall be governed by the laws of the Malaysia without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Malaysia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matters related to or in connection therewith. |
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(c) 2024 mdex.my All rights reserved
