Terms of Service (“ToS”)

By accessing and using eClassified, you are agreeing to be bound by the Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trade mark law.


1.   Terms of Use

    1.1.   Acceptable Use

    The User may install, use, and/or otherwise access the eClassified Services from the Mobile, Web, Personal Navigation Devices (“PND”) and In-dash Navigation Systems solely for personal and non-commercial use.


    1.2.   Access of Service

    The User may access the eClassified Services from any combination of the available platforms of which the eClassified are available.


    1.3.   No Copyrights

    Copyrights and Data within eClassified remain the intellectual property of eClassified and relevant 3rd party providers and are protected by copyrights and other intellectual property laws and treaties. The User shall not, by any means, copy the data or content provided within eClassified Services for any purposes including but not limited to reselling, modification, research or not-for-profit purposes unless with explicit written permission from eClassified or eClassified’s 3rd party providers.


    1.4.   No Automated Access

    The User shall not use any type of spiders, web crawlers, bots, automatic indexers, web robots, scripts or any other form of automated technology to access any of the eClassified Services.


2.   Advertising

eClassified reserves the rights to push third party advertisements to users of eClassified Services through any of the supported platforms of which the eClassified Services are made available on.


    2.1.   Quality of Advertisements.

    eClassified expresses no warranties regarding the accuracy, relevancy or dependability of the third party advertisements displayed within the application. Users agree not to hold eClassified liable to the quality of the advertisements.


    2.2.   Quality of Advertisers Products or Services.

    eClassified expresses no warranties regarding the quality of the products or services advertised on eClassified Services. Users agree not to hold eClassified accountable to the claims, promises, or any other form of description made by said advertisers of their products or services.


    2.3.   Rights of Advertisers.

    All trademarks, copyright, designs and other intellectual property comprised in the 3rd party advertisements belong to the respective advertisers. No use and reproduction of any part of the same in any manner is allowed without the Advertiser’s prior explicit consent.


3.   RESERVATION OF RIGHTS AND OWNERSHIP

    3.1.   No Assignment of Rights.

    eClassified reserves all rights not expressly granted to the User in this ToS. eClassified Services are protected by copyright and other intellectual property laws and treaties. Nothing in this ToS shall be deemed as any assignment of rights to any User or any other parties.


    3.2.   No Assignment of Rights from 3rd Party Providers.

    eClassified’s suppliers and 3rd Party Providers own the title, copyright, and other intellectual property rights to their own services, trademarks, logos, content, product within the eClassified Services and nothing in this ToS shall be deemed as assignment of any rights to any User or any other parties


4.   TRACKING

eClassified implements various tracking features to collect information regarding the User’s activity or usage of eClassified Services. Such tracking may include, but are not limited to the tracking of user’s position, search history, user profile and any other activity within the eClassified Services. eClassified will use this information for purposes such as data mining, user profiling, advertising, to improve the Quality of Service (QoS) for eClassified Services and any other purposes as deemed necessary or important by eClassified. However, eClassified will not resell, offer, nor make available in any means to any 3rd parties, any personally identifiable information without the prior written consent of the User.


By using the eClassified Services, the User hereby explicitly agrees to eClassified’s tracking and collection of said personal information about the user. The use of this user information is further governed by eClassified’s privacy policy.


5.   THIRD PARTY RIGHTS, TERMS AND POLICIES

eClassified leverages upon several 3rd Party Providers in the provision of eClassified Services to Users. By using eClassified Services, the User agrees to be bound by the terms and conditions of these third parties. Notwithstanding anything to the contrary in the foregoing, all data, services or content provided by these 3rd Party Providers to the User, through eClassified’s Services are provided on an AS-IS basis and the 3rd Party Providers make no warranties whatsoever of any kind in any form as to the quality, accuracy, availability, fitness for purpose, or any other measure of the data, services or content and the User further agrees not to hold liable any of these 3rd Party Providers for any loss resulting from the use of eClassified Services.


    5.1.   Google.

    eClassified Services that uses Google Maps and/or any other Google functionalities is dependent on Google as a 3rd party provider to eClassified Services. As such, by using the eClassified Services which incorporate some or all of Google’s services, the User further agrees to be bound by Google’s Terms of Use which is available for viewing at http://code.google.com/apis/maps/terms.html , and Google’s privacy policy found at http://www.google.com/privacy.html.


    5.2.   All Other 3rd Party Providers.

    For all other 3rd party providers not mentioned in this clause 5, but who are providers or suppliers to eClassified for part or all of the provision of eClassified services, the User further agrees to be bound by and abide by the Terms of Use and Privacy Policies of the respective and relevant providers or suppliers.


6.   TERMINATION

Without prejudice to any other rights or any of the foregoing, eClassified may at its own discretion terminate this ToS for any reasons including but not limited to the User’s failure to comply with the terms and conditions of this ToS or any of the 3rd parties’ terms and conditions. As such, eClassified may remove, block or otherwise stop access to any or all of the eClassified Services for the User and the User must remove all instances of eClassified Services on all devices and platforms that the User is in possession of.


Additionally, eClassified may at its own discretion, stop the provisioning of part or all of the eClassified Services without giving any prior notice to the User. At such the onset of such an event, this ToS would be terminated with immediate effect and deemed NULL and VOID. The User agrees not to hold eClassified or any of eClassified’s agents, officers, affiliates, subsidiaries or parent companies, responsible or liable for any damages or compensation that may result from eClassified’s termination of part or all of the eClassified Services or this ToS.


7.   LIMITATION OF LIABILITY AND INDEMNITY

Except as expressly stated herein,


  • eClassified grants no other warranties relating to the provision of the eClassified Services and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise howsoever, relating to the application, are hereby excluded: in particular (but without limitation to the foregoing), eClassified grants no warranties regarding the fitness for purpose, accuracy of the data or performance that may be provided hereunder, whether express or implied, by statute at common law or otherwise howsoever; and

  • no claims shall be made against eClassified in respect of any inaccuracy of the data, usability of eClassified Services, availability of eClassified Services or any other forms or for any other reasons not stated herewith. eClassified shall not be subjected to any liability for any costs, expenses or claims, damages or losses to the User or any other third parties resulting from any reason or cause howsoever and whatsoever arising from the use of the eClassified Services under this ToS.

8.   AMENDMENTS TO ToS

eClassified reserves the right and without notice to impose such further terms and conditions and changes to this ToS as it may in its discretion deem fit. The User’s continued use of eClassified’s Services shall be deemed as acceptance of the amendments or changes. Any amendments or changes to the ToS will be updated to the copy available at http://www.eclassified.my/info-term_condition and this copy is the sole and authoritative source of the ToS. In the case of any discrepancies or inconsistencies between any versions of eClassified’s ToS found at any other place whether in a digital or physical format, the ToS at http://www.eclassified.my/info-term_condition shall prevail in favor of eClassified.


9.   ENTIRE AGREEMENT

This ToS is an entire agreement and supersedes any conditions, warranties, representations expressed or implied not contained herein. The terms and conditions stated in this ToS are final and conclusive. If any clause herein shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be removed but shall not affect the other provisions of this ToS which shall remain in full force and effect.


10.   APPLICABLE LAW

This ToS is governed and construed in accordance with the laws of Malaysia and both eClassified and the User hereby agree to submit to the exclusive jurisdiction of the Malaysia Courts.