App Terms and Conditions - Pickles Auctions Asia

App Terms and Conditions

ONLINE PLATFORMS TERMS OF USE

These Terms and Conditions and all policies posted on our sites set out the terms of your access and use of the Online Platforms. Please read the following Terms and Conditions carefully before accessing and using the Online Platforms.

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1 By clicking the “accept” button, downloading or installing, paying for or otherwise accessing, using or registering for the Online Platforms (including visiting or browsing our website(s)), you hereby accept these Terms and Conditions and limitation of liability set out herein and further acknowledge that these Terms and Conditions will form a legally binding agreement between you and us.

1.2 Such acceptance is either on your own behalf or on behalf of any corporate entity which employs you or which you represent. In these Terms and Conditions, “you” includes both the individual and corporate Users. The entity you are contracting with is Pickles Asia.

1.3 You represent and warrant that if you are an individual, you are of legal age to form a binding contract (18 years or older), or that if you are registering on behalf of a corporate User, that you are authorised to enter into and bind the corporate User to these Terms and Conditions and use or register for the Online Platforms. If you do not have the legal authority to bind such corporate User to these Terms and Conditions, please discontinue your access to or use of the Online Platforms. If you are under 18, you confirm that you have the express permission of your parent or legal guardian who has read and agreed to be bound by these Terms and Conditions.

1.4 These Terms and Conditions also incorporate the Privacy Policy. We have the right to modify, update or amend these Terms and Conditions at any time. Any change will be effective immediately upon publication on any of our Online Platforms and your continued use of the Online Platforms following the change means that you accept and agree to the change. Please see the date published below to determine when the Terms and Conditions were last revised. It is your responsibility to review these Terms and Conditions each time before you use or access the Online Platforms.

1.5 You are authorised to use the Online Platforms only if you accept all these Terms and Conditions.

2. OUR PROPERTY

The copyright, trade mark, patent, database rights, trade secrets, any other intellectual property rights and other proprietary rights (“Intellectual Property Rights”) on the Online Platforms and Pickles’ Content are and remain our property or the property of our licensors.

3. TERMS AND CONDITIONS OF AUCTION AND OTHER AGREEMENTS

Your use of, or participation in, certain aspects or features of the Online Platforms such as an auction may be subject to additional or separate terms, which will be posted or otherwise made available to you. For instance, the Terms and Conditions of Auction, which is available at http://picklesmy.wpengine.com/terms-and-conditions will govern the relationship between Pickles Asia, bidders and sellers participating in any auction sale conducted by Pickles Asia. Our agents and contractors may also be subject to separate agreements.

4. TERMS AND CONDITIONS

4.1 Definitions

Wherever used in these Terms and Conditions, these terms have the following defined meanings:

“Content” includes, without limitation, any photographs, images, videos, comments, remarks, suggestions, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Online Platforms.

“Intellectual Property Rights” has the meaning set out in Section 1.

“Online Platforms” means the online platforms offered by Pickles Asia in Malaysia including the websites, applications and software which may be installed on a mobile device or computer as well as its web version.
“Pickles Asia”, “we” and “us” refer to Pickles Asia Sdn Bhd, and “our” means belonging to, pertaining to, or engaged by us.

“Pickles Content” means any Content added, created, uploaded, submitted, distributed, posted or made available by Pickles Asia on the Online Platforms and excludes User Content.

“Privacy Policy” means the privacy policy applicable to the Online Platforms which can be found at http://picklesmy.wpengine.com/privacy.

“SNS” means social networking service.

“SNS Terms” has the meaning set out in Section 4.2(a).

“Third Party Media” means any websites, media platforms, and applications owned by a third party;

“User” means any person who uses the Online Platforms, which may include buyers, sellers and brokers.

“User Content” means any Content added, created, uploaded, submitted, distributed, or posted on the Online Platforms by the User.

4.2 Registration Process

(a) You can browse the Online Platforms and view their content without registering with us. However, to engage or participate in any auction or enjoy certain features and services of the Online Platforms, you will need to register a user account or use your user ID of the third party SNS on which the Online Platforms are made available. Your account with such SNS gives you access to the services and functionality that we may establish and maintain from time to time (although changes or restrictions with your SNS account may affect your ability to log in). Therefore, in addition to these Terms and Conditions, you will also be governed by the terms and rules of such SNS (“SNS Terms”). Where there is any conflict or inconsistency between SNS Terms and these Terms and Conditions, these Terms and Conditions will prevail.

(b) You represent, warrant and covenant that you will provide accurate, truthful and complete registration information and keep your registration information accurate and up-to-date. Failure to do so may not only constitute a breach of these Terms and Conditions, which may result in immediate termination of your account with us, but may also violate the law which may subject you to prosecution.

(c) You shall not:

(i) provide any false personal information or create any account for anyone other than yourself without such person’s authorisation and express permission;
(ii) use a user name or account that is subject to any rights of a person other than you without appropriate authorisation and permission;
(iii) use a user name that is a name that is offensive, vulgar or obscene or otherwise unlawful;
(iv) create more than one personal account;
(v) create another account without our permission if we have disabled your account; and
(vi) transfer your account to anyone without first obtaining our written consent.

(d) We reserve the right to suspend or terminate your account in our sole discretion.

(e) You are solely responsible and liable for all actions and activities that occur on your account and shall be responsible for keeping that User ID and password safe and strictly confidential.

(f) You shall never use another user’s account without such other user’s prior authorisation and express permission. You shall ensure that you logout at the end of each session and you will immediately notify us in writing of any unauthorized use of your account or other account related security breach of which you are aware. We will not be held liable for any loss or damage arising out of your failure to comply with the provisions under this Clause 2 or for any unauthorized use of your account.

(g) If you have registered on behalf of a corporate User and cease to be employed by the corporate User, we must be notified within 24 hours of you ceasing to be employed to enable us to cancel the User ID and password. If you do not provide us the adequate notice as requested, you will be personally liable for any damage or loss sustained by Pickles Asia or any other party.

(h) The entry by electronic means of the User ID and/or other identifiable information of the User in the registration process and/or records shall be binding on you.

4.3 Content

(a) Pickles Content

(i) Where the Online Platforms contain Pickles Content, such Pickles Content is protected by Intellectual Property Rights and applicable laws and owned or controlled by Pickles Asia or a third party unless otherwise noted. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Pickles Content accessed through the Online Platforms. Any Pickles Content may not be modified, copied or distributed, republished, uploaded, posted, decompiled or transmitted in any way, without our prior written consent.

(ii) Any unauthorised use of Pickles Content may violate Intellectual Property Rights of Pickles Asia, or a third party.

(iii) Subject to these Terms and Conditions, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable licence to use the Pickles Content, solely for personal, non-commercial use. Use of any Pickles Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Pickles Asia, or from the copyright holder identified in such Pickles Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Pickles Content for commercial (whether or not for profit) use or in any way that violates any third party rights.

(b) User Content

(i) We are entitled to use User Content for any commercial or other purpose whatsoever without compensation to the User or any other person sending the User Content as we may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with Third Party Media.

(ii) By submitting User Content on or through the Online Platforms, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable and transferable licence to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Online Platforms and our (and our successors’ and assigns’) business, including and without limitation, for promoting and redistributing part or all of the Online Platforms (and derivative works thereof), in any media formats and through any media channels (including, without limitation, any Third Party Media).

(iii) You represent and warrant that you have all rights to grant the licence as contemplated under this Clause 4.3(b) without infringement or violation of any third party rights, including and without limitation to, any privacy rights, publicity rights, contract rights, or any other Intellectual Property Rights.

(iv) We always appreciate your feedback or other suggestions about the Online Platforms but you understand that we may use such feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer such feedback or suggestions).

(c) We reserve the right to:

(i) revise, remove, suspend, edit, modify or block any Content in its sole discretion, including any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and you waive any moral rights you may have in such Content and/or User Content;

(ii) access, read, preserve, and disclose any information as we believe is necessary to:

1) satisfy any applicable law, regulation, legal process or governmental request;
2) enforce these Terms and Conditions, including investigation of potential violations hereof;
3) detect, prevent, or otherwise address fraud, security or technical issues;
4) respond to user support requests;
5) protect the rights, property or safety of Pickles Asia, its licensors, users and the public.

4.4 Personal Data

Any of your personally identifiable information that may be received by us pursuant to your use of the Online Platforms is deemed to have been provided voluntarily by you and with your consent and is governed by the terms of the Privacy Policy.

4.5 Suspension of the Online Platforms

We may change, suspend or discontinue any aspect of the Online Platforms at any time, without assigning any reason whatsoever, including the availability of any feature, application, database or content. We may also impose limits on certain features and services and/or restrict or suspend your access to the Online Platforms or part thereof in the event of your non-compliance with these Terms and Conditions and/or at any time without notice or liability of any kind.

4.6 Restriction on Use

(a) You shall not use the Online Platforms for any purpose or in any manner that is prohibited by or inconsistent with these Terms and Services. Additionally, you shall abide by all applicable laws and regulations.

(b) You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, transmit, submit or otherwise distribute or facilitate distribution of any materials including any Content and/or User Content on or through the Online Platforms that:

(i) infringes any Intellectual Property Rights, right of publicity or other right of any other person or entity or violates any law or contractual duty;

(ii) you know is false, misleading, untruthful or inaccurate;

(iii) is unlawful, threatening, abusive, harassing, seditious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Pickles Asia in its sole discretion;

(iv) constitutes unauthorized or unsolicited commercial communications, advertising, junk or bulk e-mail (“spamming”);

(v) contains software viruses or any other computer codes, files, worms, logic bombs or programs that might compromise the security of the Online Platforms, render the Online Platforms inaccessible to others or otherwise cause damage to the Online Platforms or the Content or are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Pickles Asia, its Users or any third party;

(vi) impersonates any person or entity, including any employee or representative of Pickles Asia or other Users;

(vii) includes anyone’s identification documents or sensitive personal or financial information in an unauthorised manner; or

(viii) breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

(c) You shall not (and shall not permit any third party to) directly or indirectly:

(i) take any action that imposes or may impose (as determined by Pickles Asia in its sole discretion) an unreasonable or disproportionately large load on Pickles Asia’s (or its third party providers’) infrastructure;

(ii) interfere or attempt to interfere with the proper working of the Online Platforms or any activities conducted on the Online Platforms;

(iii) gain access or attempt to access any Content that is not intended for you or use the Online Platforms in any manner that might interfere with other Users or any third party;

(iv) bypass any measures Pickles Asia may use to prevent or restrict access to the Online Platforms (or other accounts, computer systems or networks connected to the Online Platforms);

(v) run any form of auto-responder or “spam” on the Online Platforms;

(vi) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, automated means or manual process to access, monitor or copy our Online Platforms and Content for any purpose without our prior express written permission;

(vii) harvest or otherwise collect information about users without their consent;

(viii) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Online Platforms or Pickles Content (other than your User Content), except as expressly authorized by Pickles Asia;

(ix) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

(x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

(xi) disclose, divulge, publish, transmit, communicate to or otherwise place at the disposal of any person or organisation, any confidential information in any form, by any means and will keep the confidential information in the strictest confidence; or

(xii) facilitate or encourage violation or otherwise take any action in violation of these Terms and Conditions or the Privacy Policy.

(d) Breach of the provisions in sub-clause (c) above may not only be a breach of these Terms and Conditions but may also amount to a contravention of the law which may subject you to prosecution.

(e) You must immediately notify us in writing if any person has disclosed or is suspected of disclosing or intending to disclose any confidential information to any other person.

4.7 Mobile and Other Devices

You warrant that the system that you use to access the Online Platforms is adequate. We shall not be responsible for any loss or damage caused by your system due to your use of the Online Platforms. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using the Online Platforms.

4.8 Disclaimer and Limitation of Liability

(a) You acknowledge that your access and use of the Online Platforms will be at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
(b) You are responsible for all your activities in connection with the Online Platforms and any material you submit, including any User Content.
(c) While we may provide pricing, listing, sourcing and other guidance through the Online Platforms, such guidance is solely informational. We have no control over and do not guarantee the existence, quality, safety or legality of the goods advertised; the truth or accuracy of User Content or listings; the ability of sellers to sell the goods; the ability of buyers to pay for goods; or that a buyer or seller will actually complete a transaction or return the goods. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content and we have no obligation to monitor the Online Platforms or the Content.
(d) We will not be liable for any errors or omissions in any Content and we are not responsible for the authenticity of any Content or data which users may provide about themselves or the identity of other users with whom you may interact in the course of using the Online Platforms.
(e) We do not guarantee that any errors, inaccuracies or omissions will be corrected and makes no commitment to update the Online Platforms or the Content.
(f) The Online Platforms and the Content are provided “as is” and “as available” without any representation or warranty of any kind, either express or implied, to the fullest extent permissible by law and we do not accept any liability for persons relying on the Online Platforms or the Content.
(g) We are not required to treat any Content as confidential.
(h) We will also not be responsible for any loss that arises from use of or reliance on the Online Platforms or the Content.
(i) We do not warrant that the functions contained in the Online Platforms will be uninterrupted or error-free, that defects will be corrected, or that the Online Platforms will be free of viruses or other harmful components.
(j) To the widest extent permitted by law, we specifically disclaim any express or implied warranties of accuracy, timeliness, currentness, completeness, non-infringement, merchantability or applicability of the Online Platforms and the Content for any particular purpose.
(k) To the widest extent permitted by law, we accept no liability for any loss or damage of any kind whatsoever (including without limitation incidental loss, consequential loss, loss of profits or goodwill, special, indirect, exemplary or punitive damages) suffered or incurred by you or any other person or entity, howsoever arising whether in contract, tort, negligence or otherwise, even if we have been advised of the possibility of such damages, in connection with or as a result of:
(i) the Online Platforms and/or the Content and your use, access, operation and/or your reliance on the Online Platforms and/or the Content;

(ii) your download of any updates;

(iii) any unauthorised access or alternation of your information submitted via the Online Platforms;

(iv) the inability to use the Online Platforms;

(v) the content, actions or inactions of third parties; including items listed using our Online Platforms;

(vi) glitches, bugs, errors or inaccuracies of any kind in our Online Platforms;

(vii) any third party websites linked to the Online Platforms including the information and content therein as well as use, access or operation thereof; and/or

(viii) the introduction of virus, malicious codes or other harmful components arising from use, access or operation of the Online Platforms or any third party websites linked to the Online Platforms.

(l) Without limiting the other provisions in this Clause 8, in the event we are held liable to you for any reason whatsoever, our total liability to you for all losses, damages, and causes of action (in contract, tort including without limitation, negligence, product liability and strict liability, or otherwise) will not be greater than RM5,000.

4.9 Indemnification

You agree to indemnify, defend and hold harmless Pickles Asia, its related companies, officers, employees, agents, auctioneers, partners and any third-party providers from and against and to reimburse them for all suits, actions, demands, damages, losses, liabilities (whether criminal or civil), expenses and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), resulting from your use, misuse, inability to use or access of the Online Platforms or the Content, or our use of your User Content, or any violation by you of these Terms and Conditions, or your breach of any law or the rights of a third party.

4.10 Third Party Sites and Services
The Online Platforms may permit you to link to other websites, services or resources on the Internet not operated or maintained by Pickles Asia, and other websites, services or resources may contain links to the Online Platforms. Access to and use of such other websites will be at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the availability, content, functions, accuracy, legality, appropriateness, privacy practices or any other aspect of such websites or resources. Advertisements on such websites and the inclusion of any such link does not imply our endorsement, sponsorship or approval of the content, policies, practices or services offered via those advertisements or websites or any association with us. You further acknowledge and agree that we 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 website or resource. We may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Online Platforms.

4.11 Termination
(a) We may terminate, without incurring any liability to you, these Terms and Conditions and delete your account immediately without notice if, in our sole judgment, you breach any of these terms or conditions or otherwise create risk or possible legal exposure for us. You may not access the Online Platforms after termination of this agreement without our written approval, provided, however, that subject to the applicable laws we shall retain all rights, including all Intellectual Property Rights and the right to use your User Content as provided herein. If your account is terminated by us, we also have the right to terminate any of your other accounts.
(b) You may also delete your account or disable the Online Platforms at any time. In all such cases, these Terms and Conditions shall terminate.
(c) The provisions of these Terms and Conditions that are expressed or by their context are intended to survive termination shall so survive termination.
(d) Termination of your account may affect the information, features or goods associated with that account. In some circumstances, we may be able to restore your account but recovery of such information, features or goods is not guaranteed.

4.12 General

(a) Applicable Law. These Terms and Conditions will be governed and be interpreted pursuant to the laws of Malaysia. You hereby consent to submit to the exclusive jurisdiction of the Courts of Malaysia in respect of any disputes arising in connection with the Terms and Conditions, the Online Platforms or any matter related to or in connection therewith and Pickles Asia may seek injunctive or other appropriate relief in any court in Malaysia.

(b) Severability of Terms. If any part of these Terms and Conditions is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining Terms and Conditions.

(c) Waiver. The failure or delay of Pickles Asia to exercise or enforce any right in the Terms and Conditions will not be considered a waiver.

(d) Non-assignment. These Terms and Conditions may not be assigned, transferred or sublicensed by you without our prior written consent. All our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

(e) Third Party Rights. These Terms and Conditions do not confer any third party beneficiary rights.

Revised 24 September 2017