Any amendment, addition or variation to any part of this MyVIP User Agreement if necessary, shall be made in writing upon mutual consent between the Parties by way of supplementary agreement. The supplementary agreement shall form part of this Agreement upon execution between the Parties. The supplementary agreement shall form part of this Agreement upon execution between the Parties.The Appandus MyVIP service is operated by Appandus Sdn. Bhd. (Reg no: 936885-K), owner of appandus.com.my, appandus.com, or any subdomain, (hereinafter “appandus.com.my”, “appandus.com” or “we” or “our”) located at B307, Block B, Kelana Square, Jalan SS7/26, Kelana Jaya, 47301 Selangor, Malaysia.
Our services are available only to, and may only be used by individuals/merchants who can form legally binding contracts under applicable law. Without limiting the foregoing, our services is not available to persons under the age of 18, or to temporarily or indefinitely suspended Appandus members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Appandus account (including feedback and ratings) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Certain fees may apply to list and sell through our Site. In our sole discretion, we may change our Fees structure, and the service fees from time to time. However, we may choose to temporarily change our Fees structure and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our fees structure and services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Fees paid will not be fully refunded or prorated in the event that your Appandus MyVIP is suspended for breaking our rules, terms and conditions. Your fees paid for the subscription of the MyVIP will be refunded if your subscription application is rejected. Appandus has the all rights to reject any applications.
We may from time to time review and change how Appandus MyVIP merchants can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation. The changes will instantly become effective after they are posted on our site.
Appandus may terminate any auction, sale or use of the service if:-
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item(s) and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures, videos and other content relevant to the sale of that item. All listed items must be listed in the appropriate categories. Appandus will not be liable and held responsible for items your list for sale on the Site.
You may not list on our site or sell any item using our site which:
Without limiting the foregoing, you may not list on our site or sell through our site, drugs or narcotics, tobacco and items of a pornographic nature, which includes the sale of sex and adult toys or services. Furthermore, you may not list on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation. Such items include, without limitation, any real estate, stocks or bonds, insurance or other financial services. Appandus reserves the rights to remove any items/listing that it deems, according to its own discretion.
We reserve the rights to temporarily restrict the Merchant’s listing without notice if found that :
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site, and will be updated regularly.
Appandus can (and you authorize us to) disclose your user ID, full name, phone number, email, and company registration details to authorities and rights owner as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
From time to time, Appandus have the rights to send you advertisements, promotional and marketing materials. The materials may be from us or from 3rd parties. Appandus has the rights to use any of your product pictures in Appandus, marketing campaigns, newsletters, Appandus’s mobile apps and any promotional campaigns. Appandus will notify merchant for such request prior to approval.
You and Appandus are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. If you receive one or more bids above your stated reserve price, you are then obligated to complete the transaction. You may not use an alias or agent to place bids to make your auction a hot auction.
While using Appandus sites, services and tools, you will not:
Your password is the key to your account. Use unique numbers or letters and do not disclose your MyVIP password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and your MyVIP account, and may be subject to legally binding actions taken on your behalf. You agree to immediately notify us if your password has been compromised for any reason or any unauthorized use or your registration, user account or password.
The Appandus MyVIP Merchant is solely responsible for the content and everything else contained on their own site and listings Appandus MyVIP Merchants may be held legally liable for the contents of their own site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner. Appandus is not responsible for the delivery or the quality of any goods and product, or services sold or advertised through the Appandus MyVIP member’s site. The content(s) (text,graphics and images) appearing on Appandus website may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of Appandus.
Because Appandus is a portal, in the event that you have a dispute with one or more users, you release Appandus (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.
This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. Appandus does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with/by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This MyVIP Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
I/We agree that:
(MyVIP User Agreement will change from time to time. Please refer to the latest version which will be updated online.)