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Terms and Conditions

Discussion in 'Vendor's Zone' started by jarance, Aug 9, 2011.

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  1. jarance

    jarance Founding Member

    Dec 4, 2004
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    Terms and Conditions on the Use of the Vendor’s Zone in www.bmwclubmalaysia.com

    The terms and conditions shall govern the use of BMW Club Malaysia ('the Club') services offered and available on the website www.bmwclubmalaysia.com and all related sub-sites ('the Website') managed by the Club’s Committee (“the Committee). The Vendor is advised to read the following terms carefully as they affect the Vendor's rights and liabilities under the law. Please note that by using the services offered by the Club, the Vendor is agreeing to the terms and conditions with the Club or any variations thereof deemed fit by the Committee.The Vendor is encourage the read and understand the terms and conditions herein stated and it is the Vendor’s obligation to seek engage professional legal advice, where necessary. The Vendor shall be at least 18 years of age at the point of accepting and reading these terms and conditions and further shall not infringe any trademarks, copyrights, licences or any other intellectual property rights belonging to the Club.The Vendor shall refer to the Fee Schedule annexed herewith for the relevant charges payable by the Vendor for the usage of the Vendor’s Zone.The Club and / or the Committee reserves the right to update, amend, add or delete these terms and conditions at any time by posting the updated, amended, additional or deleted terms and conditions on the Website.The Vendor shall submit all advertisement and / or posting to the Club and / or Committee one (1) week prior to the intended advertisement and / or posting for the Club and / or Committee approval and the Club and / or Committee is empowered to reject or amend or modify the Vendor’s advertisement and / or posting as it deemed fit .

    Code of Conduct
    • The Vendor shall adhere to the following upon usage of the Website, and the Vendor undertakes and agrees not to upload, post, email, or otherwise publish through the Website any content:
    • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
    • that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
    • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • that impersonates any person or entity, including, but not limited to, the Club (and the Club’s officer bearers, official members and forumers) , or falsely states or otherwise misrepresents the Vendor’s affiliation with a person or entity;
    • that includes personal or identifying information about another person without that person's explicit consent;
    • that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
    • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that the Vendor do not have a right to make available under any law or under contractual or fiduciary relationships;
    • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
    • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Club’s Website which are not designated for such purposes; or (2) emailed to the Club (and the Club’s officer bearers, official members and forumers) who have requested not to be contacted about other services, products or commercial interests;
    • that includes links to commercial services or other non related web sites;
    • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Malaysian law;
    • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the website; or
    • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the website.
    Additionally, the Vendor shall undertakes and agrees not to:
    • Contact anyone who has asked not to be contacted;
    • "Stalk" or otherwise harass anyone;
    • Collect personal information about other users for commercial or unlawful purposes;
    • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to Download data from the Website - unless expressly permitted by the Club for which written consent has to be sought;
    • Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    • Post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
    • Attempt to gain unauthorized access to the Club’s and / or Website computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Club and / or Website.
    When the Vendor gives the Club content, the Vendor grant the Club a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) the Vendor have in the content, in any media known now or in the future.If the Vendor has a dispute with one or more users, the Vendor releases the Club (and the Club’s Committee, official members and forumers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.The Vendor shall at all times indemnify and keep indemnified the Club (and the Club’s Committee, official members and forumers) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Vendor’s breach or the Vendor’s violation of any law or the rights of a third party.Messages posted to the Club’s Website by official members and forumers are solely the opinion and responsibility of the member and/or forumer of the public posting the message. The Club does not investigate nor can the Club confirm the truth and the veracity of information posted and the Club hereby expressly or implied disclaim any belief in the truth or falsity of any information posted by the sellers and users of this site. The Club does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted in the Website areas or endorses any opinions expressed in the Website.In the event that the Vendor is found to have breach any of the above guidelines or any variations thereof, the Club and / or Committee is empowered to delete the Vendor’s advertisement and / or posting without any monetary refund given to the Vendor and the Club and / or Committee’s decision is deemed final.This agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.

    Registration Fees: In Ringgit Malaysia (RM)One Year’s Subscription: RM800.00
    GrandTournament likes this.
  2. affan66

    affan66 Founding Member

    Dec 5, 2004
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    Letter to Club Vendors Regarding Price Disclosure

    Dear Official Members, Club Guests and Club Vendors,

    Please refer to the latest communication sent to our Club Vendors in accordance to requests and concerns made by our members regarding the practice of sending Private Message for pricing disclosure.

    Thank you.

    On behalf of BMW Club Malaysia Committee


    Official Announcement to Club Vendors of BMW Club Malaysia

    15 January 2013

    Dear Club Vendors,

    We refer to the above matter.

    We wish draw to your attention that we have received many feedbacks and complaints from the Club’s forum users that the pricing of item(s) is / are not listed in your posting(s) thus requiring an interested party to contact you and / or send you a personal message to enquire about pricing.

    Our users find this quite cumbersome and as we have highlighted previously, we now require ALL Club Vendors to list down their pricing on all respective items for the benefit of all.

    We wish to stress that ALL Club Vendors are required to follow this directive and is given one (1) month from the date of this notice to comply with this price directive failing which we will not hesitate to suspend the Club Vendor’s account until compliance of the said directive.

    We hope that All Club Vendor shall be in compliance within the stipulated time frame given for the benefit of all.

    Thank you

    The Managing Committee
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