Introduction

Welcome to www.the-koi.com, a web service ("Services") owned by The Koi, a company incorporated in Malaysia.

If you wish to access, browse or use the Services, you must accept without modification all of the terms and conditions of this Agreement, which are binding for each and every time the Services are accessed or used. If you wish not to be bound by the following terms and conditions, your exclusive remedy is not to access or use the Services.

The term "we" or "our" appearing hereinafter means The Koi.

Changes to this Agreement

1. We may, in our sole discretion, modify, update or revise this Agreement at any time, and you agree to be bound by these modifications or revisions. The amended terms shall automatically become effective upon posting on our Site. Your continued access to or use of this Site after such change shall constitute your (i) acknowledgement of this Agreement, as modified/revised from time to time; and (ii) consent to abide and be bound by this Agreement, as modified/revised from time to time. The Services are also governed by posted guidelines, rules, disclaimers, and other terms and conditions (collectively, "Other Terms"). All such Other Terms are hereby incorporated by reference into this Agreement.

2. We reserve the right to terminate the Services or any part(s) thereof at any time, for any reasons whatsoever, and without notice to you.

3. You are responsible for periodically reviewing these terms, conditions and notices

4. Note that we may vary these Terms and Conditions from time to time to reflect changing law and the nature of business on the internet. The Terms and Conditions which apply are the Terms and Conditions which were in force at the time you submitted a specific advertisement for publication. You should come back to this page from time to time to check to see whether the Terms have been changed. These Terms and Conditions are governed in all respects by Malaysia law

5. This Agreement was last revised on 1st May 2008.

Registration Requirements

1. Our Services are available only to corporate bodies and individuals who are at least 18 years of age who can form legally binding contracts under the Malaysian law. Individuals below the age of 18, who are considered as minors, are not allowed to use the Services.

2. You must :

only use the Services for your personal use and not for any business purposes;
only have one active registration for the Services at any one time;
ensure all information provided to us is accurate, honest, complete and not misleading;
keep your user name, password and any other security features secure and not allow others to use them, which are non-transferable. You agree to notify us immediately of any unauthorized use of your password or registration details. We are not responsible for any loss which you may incur as a result of any unauthorized person using your password or registration details;
not register under the name of, nor attempt to access or use the Services under the name of another person;
update your registration details as necessary in order to keep them current;
act reasonably and honestly;
comply with all applicable laws, rules and regulations; and
comply with the terms and conditions of this Agreement, Privacy Policy and the Other Terms.

3. We reserve the right to disallow use of user name that we deem offensive or inappropriate.

4. We may refuse or deny access to anyone, at our sole discretion.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Site. You may not use the Services in any manner that could damage, disable, overburden or impair the Services or our infrastructure.

No Endorsement

We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications or postings posted on our Site nor of the representations made by merchants/dealers/individuals with regard to their product or advertisements. It is solely your responsibility to evaluate the accuracy and completeness of all information and the quality of the products offered through this Site. If you should rely on any of the information on the Site, your decision to do so is based solely on your own judgment. By using the Service, you are agreeing to the Terms and Conditions of this Agreement, Privacy Policy and Other Terms governing this Site.

Our Rights

1. We have the sole discretion to decide whether content/material/posting is prohibited on the Site and any contents/materials/postings submitted to the Site may be examined from time to time. Although we do not and cannot examine all contents, materials and postings submitted or transmitted to the Site, if we discover contents/materials/ postings that allegedly do not conform to any term of this Agreement, we may (but assume no obligation to) investigate the allegation and determine in good faith and in our sole discretion, without notice to you, whether or not to remove, move or edit the content/material/posting. We will not return removed materials to a member and we are not responsible for any loss of data and/or files resulting from removal of member material, network or system outages, file corruption or for any other reason.

2. We reserve the right to terminate, suspend or restrict your access to the Services or any part thereof at any time without notice for any reason whatsoever (including but not limited to your breach of this Agreement or if we are unable to verify/authenticate any information which you provide to us).

3. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Permitted Uses

1. You agree :

that you alone are responsible for your own communications/postings/e-mail messages and for any consequences thereof;
to ensure that any communications/postings/e-mails sent by you to our Site are legal and proper;
that all intellectual property rights in the Site, the Services and the Content, including trademarks, are and shall remain our property and/or (where applicable) the property of third party companies and suppliers of any Content on this Site, and you shall not acquire any rights in them. "Content" means any information, reports, articles, graphics or other forms of content;
that you will not forward, distribute, copy or otherwise exploit the Content or the Services on a systematic or commercial basis;
that you will not defame, abuse, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
that you will not publish, post, upload, download, process, digitize, store, share, distribute or disseminate or otherwise display on our Site or offer to do the same (hereinafter "Post") any material, content or information which is inappropriate, defamatory, trade libellous, infringing, obscene, pornographic, or of an adult or sexual nature, unlawful or which is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity or which exploits or discloses personally identifiable information about others, or which promotes or provides information about illegal activities, or promotes any harm or injury to any group, individual or cruelty to animals including but not limited to instructions on how to assemble or use bombs, grenades or other weapons, or which violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that you will not Post any communications/postings/e-mail messages that infringe any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of those rights or have the owner’s explicit permission to post or transmit such material. Photographs and other images published in books, magazines, posters, calendars, web sites and other media are generally protected by copyright law. By submitting material to this Site, you are permanently granting us all rights to the material, including the right to modify the material, use it commercially and maintain the material in an archive;
that you will not Post any files that contain viruses, corrupted files, Trojan horses, worms, time bombs, cancel bots or any other similar software or programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
that you will not conduct or forward surveys, contests, pyramid schemes or chain letters;
that you will not download any file Posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
that you will not impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
not to use information concerning other users of this Site or the vehicles/goods they have listed or searched for on this Site (including listing information, user names, e-mail addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle/goods; and
that you will not restrict or inhibit any other user from using and enjoying the website

2. Spamming or data scrapping is prohibited on this Site.

License Grant

By posting communications/material on or through the Services, you automatically grant us a non-exclusive, world wide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, translate, distribute, perform, and display the communication/material alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. You are the owner of all materials submitted by you to the Site and you represent and guarantee to us, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to this Site or that you have the explicit permission from the copyright owner to submit the materials to this Site.

E-Mails from the-koi.com Web Site to Members

We reserve the right to send you marketing communications and communications relating to the Services, such as service announcements, administrative messages and newsletters, from time to time.

No Warranty.

WE AND/OR OUR SUPPLIERS PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. WE AND OUR AGENTS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. WE AND OUR AGENTS, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SOFTWARE, SERVICES, TEXT, GRAPHICS AND LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES OR OUR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability.

1. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR LOSS OF USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

2. YOU AGREE THAT THE LIABILITY OF AWSB, OUR AGENTS, SUPPLIERS AND LICENSORS, IF ANY, TO YOU OR ANY THIRD PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.

Indemnity

You agree to defend, indemnify and hold us, our related companies and affiliates, our officers, directors, employees, operators, agents, co-branders, licensors and any other partners harmless, from and against any losses, expenses, damages, claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use or posting of communications or advertisements on our site and the conduct of another accessing the Services through your membership, or your breach of any terms of this Agreement.

General Compliance with Laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers and your bidding on, listing, purchase or sale of items. If you access the Services from outside of Malaysia, you are also responsible for compliance with the laws of your jurisdiction.

Your Information.

1. "Your information" includes any information which you provide to us or other users during the registration, bidding or listing process, in any public message area or through any e-mail feature (including without limitation, your contact details, registration and payment details, support problems, details around participation in events, prize draws or surveys and certain details of your interests and preferences).

2. You are solely responsible for your information, and we act as a passive conduit for your online transmission of your information. We reserve the right to disclose your information, without notice, and/or take any action with respect to your information as we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers or to protect the interests of our users, this Site and others. For more information about our approach to privacy in general, please see our Privacy Policy, the terms of which are incorporated in this Agreement.

General

1. 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 irrevocably 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. You irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any action or proceeding brought in such a court has been brought in an inconvenient forum.

2. We do 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.

3. In relation to your use of the Services, we are not liable for any promotions, competitions, offers for goods or services, and events promoted on the Services which are run by third parties such as advertisers and sponsors, nor for any factual, technical or typographical errors or omissions, missing or unavailable or incomplete Content or the fact that the Content is not up to date.

4. If any provision of this Agreement is held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use herein shall continue in effect.

5. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections.

6. 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.

Information Collection

Cookies
"Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. We use cookies in several ways; to allow you to log in, to keep track of your preferences and for us to track usage of the Site. Most web browsers automatically accept cookies but if you prefer, you can edit your browser options to block them in the future.

IP addresses
We may collect IP addresses to help diagnose problems with our servers and for system administration. We shall only use these addresses for technical and tracking purposes unless otherwise required by the law.

Log files
We capture industry standard information solely for the purposes of analysis. Information contained in log files is intended for internal use only and will not be disclosed to our Partners. The aggregate logged information is not linked to any personally identifiable information.