Terms and Conditions

ACCEPTANCE OF TERMS

Welcome to etender.my. As a user of the etender.my Site be it as the End-User or Vendor/Supplier (“you”), you signify your agreement to be bound by the following Terms of Service (“TOS”) as well as our Personal Data Protection Notice. Please read the Terms & Conditions and Personal Data Protection Notice carefully before logging onto the etender.my website. In the event that you do not agree to the terms and condition stated therein, please refrain from using this Site.


The Gist

REDNET (M) SDN BHD operates an online service on the Internet located at http://www.eetender.my and other online sites owned and operated by us such as Facebook and mobile phone applications (“etender.my” or the “Site”), offering Tender Notification Services.


Conditional Use of Our Site And Services

Your permission to use etender.my is conditioned upon your agreement that you:

• will comply with the Terms of Service;

• Use our data and our website at your own risk

• will not copy or distribute any part of etender.my in any medium without prior written authorization;

• will provide accurate information when creating an account or registering for our Services;

• will ensure that all documents and the contents uploaded to the website are genuine, authentic, true and accurate;

• are solely responsible for your User ID and the activity that occurs while signed in to or while using etender.my using your User ID;

• will not use etender.my to collect any personally identifiable information, including account names, email addresses, or such other information, for commercial purposes;

• will not use the communication systems provided by or contacts made on etender.my for any commercial solicitation purposes;

• are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;

• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize etender.my to use any and all Content submitted by you to etender.my in accordance with the licenses rights, permissions, and consentsgranted in this Agreement;

• hereby grant each user of etender.my, whether using etender.my or an application authorized by etender.my but developed via a third-party developer, a non-exclusive license to access the Content you submit through etender.my and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through etender.my functionality and under these Terms of Service;

• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to etender.my; and

• hereby confirm that etender.my has the exclusive right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.


Account Maintenance

You are required to create an account with etender.my (either by way of registering directly on our Site or by allowing a etender.my application to connect through your Facebook profile) in order to access certain services on our site. By using this site, you acknowledge and represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. In any circumstances, etender.my will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms of Service. If you intend to purchase any Products or use the services on this Site, you must open an account with us and/or provide the required information to us. By entering any information on this Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you are providing only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to us to keep it updated, true, accurate, current and complete.


Non-Confidentiality And Security

Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by etender.my. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.


Personal Data Protection Act 

Please review our Personal Data Protection Notice to understand our uses and practices about how we use and collect information from users of our Sites.

Rules Regarding Information and Other Content

You are fully responsible for the content of, and any harm resulting from any or all Information and materials that you submit to etender.my (hereinafter referred to as “the Content”), regardless of the type and form of the Content. By submitting the Content to our Site, you confirm, represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has the rights to intellectual property created by you, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully convey to end users any required terms;

• the Content does not contain or install or infected with any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); 

• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and

• the Content is not false, defamatory, discriminatory, libellous or unlawful

Without limiting any of those representations or warranties, etender.my has the absolute right (though not the obligation) to (i) refuse or remove any content that, in etender.my’s reasonable opinion, violates any policy of etender.my or Term of Service or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at etender.my’s sole and absolute discretion. Upon occurrence of such event, etender.my shall have no obligation to refund any of the amounts previously paid by the user.


General Rules and Codes of Conduct

We welcome and encourage user interaction on our Site subject to compliance of the Terms of Service, general rules and codes of conduct imposed thereon. All users to our site are strictly prohibited from doing any of the following:

• impersonate another user;

• violate in any way the rights of others;

• upload or distribute anything that may be harmful to minors or other users;

• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

• use the Site or Services to generate unsolicited email advertisements or spam; attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;

• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; or use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.

 

Other Sites

The Site includes links to other websites or resources and businesses operated by Affiliates and Providers or other persons (collectively, “Other Sites”). Other Sites are independent from etender.my which may have different or inconsistent privacy notices or terms of use, and etender.my has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. The links to Other Sites are provided solely for your convenience. By using etender.my you expressly discharge and relieve us from any and all liability arising from your use of Other Sites and/or any third party website.


PRODUCTS

etender.my provides users with a platform and opportunity to purchase products and services (“Products”) from third party vendors/suppliers (“Vendors/Suppliers”).


1.How It Works

 

General Flow

·       Upon logging onto our Site, the End-User may request quotations from the Vendors/Suppliers.

·       Upon receipt of the quotation(s) from the Vendors/Suppliers, the End-User may order the Products from his selected Vendors/Supplier. By placing an order for a Product, the End-User is considered as have made an offer to purchase the said Product from the Vendors/Suppliers he selected.

·       Once the End-User has placed his order through generating his purchase order, the Vendors/Suppliers will deliver the said Product to the End-User within the time of delivery prescribed.

·       The End-User will make the payment according to the prescribed payment terms stated in the Vendor’s quotation.

·       A transaction will be deemed completed on etender.my upon the End-User’s confirmation or acknowledgement of receipt of the Products.

 

Notes for End-User’s attention:

·       You are required to create an account in order to purchase any Product. An account is required so we can collect information to enable completion of the purchases of the product and enable you to view your past purchases as well as modify your preferences.

·       By confirming your order, you are considered as having read and understood the details of delivery, product specification, transfer of risk of products which are fixed by your selected Vendor/Supplier.

·       Upon receipt of your Product, you are required to inspect the same immediately, as practically as you could. In the event that you are have queries or dissatisfied with the Product delivered, you are required to contact the Vendor/Supplier directly.

·       You acknowledge and agree that etender.my shall have no liability or responsibility whatsoever arising out of or in connection with:-

(a)  the late or non-delivery of the Products to you;

(b)  the quality and performance of the Products supplied to you;

(c)  any act or omission on the part of the Vendors/Suppliers or their distributor, manufacturer or their respective Representatives;

and you hereby irrevocably and unconditionally releases us and each of our respective representatives from any and all claims, liability, losses, damages, costs and expenses in respect thereof.

 

Notes for to Vendor/Supplier’s attention:

·       You are required to create an account in order to transact a sale of your product. An account is required so we can collect information to enable completion of the purchases of the product and enable you to view your past sale as well as to modify your preferences.

·       By providing a quotation, you are considered as having read and understood the details of request, product specification and you are deemed as representing and warranting that you have the full capacity to provide and deliver the Products to the End-User.

·       You acknowledge and agree that etender.my shall have no liability or responsibility whatsoever arising out of or in connection with:-

(a)  the late or non-payment of the Products by the End-User;

(b)  the quality and performance of the Products supplied by you;

(c)  any act or omission on the part of yourself or your distributor, manufacturer or your respective Representatives;

and you hereby irrevocably and unconditionally releases us and each of our respective representatives from any and all claims, liability, losses, damages, costs and expenses in respect thereof.

 



 

2.etender.my Points

 

etender.my Points are a form of currency that may be applied as a credit towards future purchases at etender.my. You will earn etender.my points when you make purchases on the Site (RM1 = 1 point).

The etender.my Points will expire after six (6) months from the date of issuance or purchase, unless otherwise stated and where expiration is prohibited by law. The etender.my Points which are purchased will be applied toward future purchases at etender.my in priority to etender.my Points which earned, even if the etender.my Points earned expire before the Points purchased. All etender.my Points, whether purchased or earned, may only be applied towards purchases that are in the same currency as the earned or purchased etender.my Points. All or any etender.my Points are not transferable, returnable or refundable for cash. Transferring or sale of etender.my Points is strictly prohibited.

 

3.Universal Terms & Conditions

 

Unless otherwise stated in the Product description or required by law, the following additional terms apply to all Products:

• Neither etender.my shall be liable or responsible for loss or damage of the Products

• Unless stated otherwise at the time a Product is purchased, all prices listed on the Site are all-inclusive of any service charges including the Goods and Service Tax (“GST”)

• Terms and Conditions are subject to change without prior notice

• Pictures are for illustration purposes only

 

4.Vendor/Supplier’s Responsibility

 

We, etender.my only provide service and platform to the Vendor/Suppliers to promote and sell their products. The Vendor/Supplier shall at all times be fully responsible for any and all injuries, illnesses, losses, damages, claims, liabilities and costs suffered by or in respect of the end user, caused wholly or partly by the Vendor/Supplier or its products and services.

 

The Vendors/Suppliers shall at all times ensure that: -

 

(a) The quotation given to the end user shall be true, accurate and valid and not to be amended varied within the validity period;

(b) Upon receipt of the purchase order and payment from the end users, the Vendors/Suppliers shall supply and deliver the goods within the agreed delivery period;

(c) The goods sold and delivered shall be free from liens, pledges or encumbrances;

(d) The goods sold and delivered are from lawful source and the Vendors/Suppliers have the relevant license permit or legal capacity to sell the goods.


5.Promotions


From time to time we may offer special promotions, contests and/or sweepstakes to provide you an incentive to purchase Products or to encourage you to get others to do so subject to the rules which will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules at our sole and absolute discretion and you hereby agree to our interpretation.


6.Products Available For Sale


The Site can be accessed from most if not all countries around the world. You acknowledge and understand that some or all products or services provided on the Site may not be available for purchase to some people residing in certain jurisdictions or geographic areas. We, etender.my reserves the right, at its sole and absolute discretion, to exclude or otherwise limit the provision of a Product for any product or service to the people residing in any jurisdiction or geographical area. We, etender.my does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

We, Etender.my may at any time and for any whatsoever reason and at its sole and absolute discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by etender.my, then: (a) this Agreement and all other then existing agreements between etender.my and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising there from; and (b) etender.my may continue to use and disclose your personal information in accordance with the Web Site and Personal Data Protection Notice as amended from time to time.


Disclaimers Of Warranty

The Website is provided “as is where is”, “as available” and “with all faults”. The etender.my and its Suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of supplier ability, fitness for a particular purpose and non-infringement. Neither etender.my nor its Suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.


Limitations Of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF TENDERDB. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnity

You agree to indemnify and hold harmless etender.my, its parent company, subsidiaries, officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.


 

Reservation Of Rights And Release

We, etender.my reserves the right, but has no obligation, to monitor, or take any action etender.my deems appropriate regarding disputes that you may have with other end users or any Suppliers. To the extent the law permits, you release us from any claims or liability related to the Content posted on the Site and from any claims related to the conduct of any other end users of ours or any Suppliers.

 

Intellectual Property

The etender.my site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our web site is the exclusive property of etender.my and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the etender.my site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.


Copyright Notice

As etender.my asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Etender.my violates your copyright, you are encouraged to notify etender.my immediately. etender.my will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of etender.my or others, etender.my may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, etender.my will have no obligation to provide a refund of any amounts previously paid to etender.my


Electronic Communications

When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.


Entire Agreement, Changes To This Agreement And Waivers

The Terms of Service, together with the Personal Data Protection Notice and any other legal notices published by etender.my on the Site, shall constitute the entire agreement between you and etender.my concerning etender.my. We, etender.my may, at our sole and absolute discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for whatsoever reasons, and without any prior notice or liability to you or any other person. You shall not change, supplement, or amend this Agreement in any manner. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of etender.my rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of etender.my. No purported waiver or modification of this Agreement by etender.my via telephonic or email communications shall be valid.


Governing Law And Dispute Resolution

The Site is managed by etender.my from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, eliminating application of any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia.

Notwithstanding the foregoing, you or etender.my may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.


General Terms

You and any persons you represent (on the one hand) and etender.my and Affiliates and Suppliers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.