LamboPlace Sdn. Bhd. (1255316-V)


Contact No: 03-78057911


Method of Payment:

Introduction


Welcome to LamboPlace (herein referred to as the "Website"). Please read the following Terms of Service carefully before using the Website or opening an account (herein referred to as the "Account") so that you are aware of your legal rights and obligations with respect to Accsoft Technology Berhad and its affiliates and subsidiaries (individually and collectively, "Accsoft", "we", "us" or "our"). The "Services" we provide or make available include (a) the Website, (b) the services provided by the Website and by LamboPlace client software made available through the Website, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (herein referred to as "Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by LamboPlace.

This Agreement is effective on 15th March, 2018 for current users, and immediately upon acceptance by new users.



Scope


Before becoming a User of the Website, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

LamboPlace reserves the right to change, modify, suspend or discontinue all or any part of this Website or the Services at any time or upon notice as required by local laws. LamboPlace may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. LamboPlace may also impose limits on certain features or restrict your access to parts of, or the entire, Website or Services in its sole discretion and without notice or liability.

We strongly recommend that, as you read this Agreement, you also access and read the linked information. This Agreement will apply whenever you use our Website and services, or when you use the tools we make available to interact with our Website and services.

By using LamboPlace services or opening an account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.

If you do not agree to these terms, please do not use our services or access the Website. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement. If you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms and conditions on the minor's behalf and you will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.



Limited License


LamboPlace grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Website are the property of LamboPlace and where applicable, third party proprietors identified in the Website. No right or licence is granted directly or indirectly to any party accessing the Website to use or reproduce any Intellectual Property, and no party accessing the Website shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Website or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Website on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

You are welcome to link to the Website from your website, provided that your website does not imply any endorsement by or association with LamboPlace. You acknowledge that LamboPlace may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.



Privacy


We do not sell your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of user’s privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets, and our member's confidentiality is important to us. We store and process your information on computers located in Singapore that are protected by physical as well as technological security devices by our service providers. If you object to your information being transferred or used in this way please do not use our services.



Your Account


Each Users shall be solely responsible for maintaining the confidentiality and security of your Account information and password and for all activities that occur under your account. No Users may share, assign, or permit the use of your Users account, ID or password by another person outside of the User’s own business entity. The User agrees to notify LamboPlace.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

The User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the User.

You acknowledge that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to LamboPlace.com or other Users of the Websites. Member shall indemnify LamboPlace, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in case of the multiple use of your account or User’s failure to maintain the security of your account, LamboPlace.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Users.



Using the Website


The Company provides e-commerce facilities and Services via the Website enabling the sale and purchase of Products between Users. By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions. You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions. You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom. The use of the Website and its services as a Buyer is free. However, certain Services or functions on the Website which are provided for Vendors may require the payment of fees as further described in the Vendor Agreement, Policies and/or other agreements as may be entered into between the Vendor and the Company from time to time.



Terms of Use


The license for use of this Website and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, LamboPlace may proceed with actions in accordance to the Termination Article with or without notice to you. 

As a User of the Website, you agree not to:

• upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

• violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy

• use the Services to harm minors in any way

• use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services

• remove any proprietary notices from the Website

• cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of LamboPlace

• use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein

• use the Services for fraudulent purposes

• manipulate the price of any item or interfere with other User's listings

• take any action that may undermine the feedback or ratings systems

• attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by LamboPlace with respect to the Services and/or data transmitted, processed or stored by the Company 

• harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information

• upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

• upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party

• upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation

• upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment

• interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website

• take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services

• use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism

• use the Services to violate the privacy of others or to "stalk" or otherwise harass another

• infringe the rights of LamboPlace, including any intellectual property rights and any passing off of the same thereof

• use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above

• list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not LamboPlace, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Website. You understand that by using the Website, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will LamboPlace be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Website.

You acknowledge that LamboPlace and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Website. Without limiting the foregoing, LamboPlace and its designees shall have the right to remove any Content in the following manner:

• that violates these Terms of Service

• if we receive a complaint from another User

• if we receive a notice of intellectual property infringement or other legal instruction for removal

• if such Content is otherwise objectionable

We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by LamboPlace or submitted to LamboPlace, including, without limitation, information in all other parts of the Website.

You acknowledge, consent to and agree that LamboPlace may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over LamboPlace or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• comply with legal process

• enforce these Terms of Service

• respond to claims that any Content violates the rights of third parties

• respond to your requests for customer service

• protect the rights, property or personal safety of Shopee, its Users and/or the public



Violation of the Terms of Service


Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

• Listing deletion

• Limits placed on Account privileges

• Cancellation of coupons, credit and/or points issued

• Account suspension and subsequent termination

• Criminal charges  

• Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

• Other actions deemed necessary for fair & reasonable enforcement

If you believe a User on our Website is violating these Terms of Service, please contact support@lamboplace.com



Purchase & Payment


Payment for Products purchased on the Website can be made via the following methods:

• credit card

• debit card

• online banking

• Automated Teller Machine (ATM) or bank transfer

• LamboCoin

• BPoints, being points acquired under the B Infinite customer loyalty programme managed and operated by BLoyalty Sdn Bhd, which can be used for the redemption of products and services

• MOLPay Cash @ 7-Eleven, being a service operated by MOLPay Sdn Bhd, which enables payment for purchase of products to be made at selected 7-Eleven convenience stores throughout Malaysia; and shall be in accordance with such terms and conditions as stated on the Website

Buyers may only change their preferred mode of payment for their purchase prior to making payment.

For the avoidance of doubt, payments made using BPoints and MOLPay Cash @ 7-Eleven shall be subject to such additional Terms and Conditions as may be imposed by LamboPlace, BLoyalty Sdn Bhd rand MOLPay Sdn Bhd respectively.

In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Returns and Refunds Policy.

Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Website system.

When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Vendor, which arise out of any fraudulent actions discovered under this said Article.



Delivery and Shipping


Delivery of the Products shall be made to the address specified by you in your Order. You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you. Where you have submitted an Order and made full payment for the same, but the Vendor fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled. In such instance, the Company shall refund any payment made by you in accordance with the Return and Refund Policy in force at such time.

All Goods sold on the Platform shall only be shipped or delivered to the Customer through the Logistic Service Provider(s) unless otherwise agreed in writing by LamboPlace. The Vendor shall contact, liaise, deal and communicate with the relevant Logistic Provider(s), selected by Buyers upon checkout as their preferred choice of delivery, to arrange for the shipping of the Goods. In the event the Vendor delays, refuses, fails, neglects, declines or is unwilling to observe, perform and comply with this clause, LamboPlace may, in its sole and absolute discretion, cancel the transaction(s) concerned and refund to the Customer(s) all monies paid thereafter.

The Vendors shall update and inform the Website of the logistic delivery status of all Goods ordered and ensure that the Goods are collected by the relevant Logistic Service Provider and successfully delivered to the Customer.

Buyers understand that Vendor bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that LamboPlace will not be liable for any damage, expense, cost or fees resulted therefrom and Vendor and/or Buyer will reach out to the logistic service provider to resolve such dispute. 



Cancellation, Return and Refund


Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subjected to the return process rather than cancellation process.

Please refer to the Return and Refund Policy for further information in relation to the obligations of a Vendor or Buyer in respect of cancellation, exchange, returns and refunds of Products. For the avoidance of doubt, the Return and Refunds Policy shall be read together with the Vendor Agreement, these Terms and Conditions and such other Policies in force from time to time. The Parties expressly agree that LamboPlace reserves the right to change the terms and conditions in this Policy from time to time.



LamboCoin


One (1) LamboCoin is equivalent to RM1.00 (or any other amount as may be determined by the Company) in virtual cash. LamboCoin cannot be exchanged for cash. You may earn LamboCoins by purchasing selected Products or participating in selected Company promotions. The Company may also issue LamboCoins to you pursuant to special promotions or for any other reason at the Company’s discretion.

You shall use any LamboCoin received only in the manner specified by the Company on the Website and/or as specifically made known to you via email or mobile communications. The validity period of LamboCoins shall be for such term as the Company may specify on the Website. Although you may be notified by email prior to the expiry date of any LamboCoin, it remains your responsibility to track the validity period of your LamboCoins via your User account on the Website. Upon expiry of the validity period, any LamboCoins you have shall be cancelled and removed from your account. Where you obtain LamboCoins through the purchase of Products, the Company shall reserve the right to cancel any LamboCoins issued where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any LamboCoins issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies. Where the cancellation of LamboCoins pursuant to Articles above causes a negative balance of LamboCoins in your account, the Company may treat such LamboCoins as owing by you, and may recover the same by setting off the outstanding LamboCoin amount against LamboCoins acquired by you in the future. The Company shall not entertain any requests for the reissuance of expired or cancelled LamboCoins.



Content


You may post reviews, comments, photos, videos, and other content and other related communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LamboPlace reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant LamboPlace a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LamboPlace and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LamboPlace for all claims resulting from content you supply. LamboPlace has the right but not the obligation to monitor and edit or remove any activity or content. LamboPlace takes no responsibility and assumes no liability for any content posted by you or any third party.



Disputes


LamboPlace encourages Buyers and Vendors to communicate with each other in the event where problem arises in a transaction. As LamboPlace is a platform for Users to conduct trading, Buyer should contact Vendor directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

Where the Disputing Parties cannot resolve their Dispute pursuant to Article above within any of the time periods prescribed and/or the Vendor Agreement, either you or the other Member may submit such Dispute to the Company for a final determination and resolution.

You agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute. The Company shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute, taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties. You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision.

Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. The Company does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of the Decision and the Dispute.

Feedback

Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Vendor will contribute to the Seller’s rating on the Website. If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.

Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LAMBOPLACE OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAMBOPLACE DOES NOT WARRANT THAT THE SERVICES, THIS WEBSITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LAMBOPLACE HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF VENDORS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE LAMBOPLACE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.



Links to Third Party Sites


Third party links provided throughout the Website will let you leave this Website. These links are provided as a courtesy only, and the sites they link to are not under the control of LamboPlace in any manner whatsoever and you therefore access them at your own risk. LamboPlace is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. LamboPlace is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by LamboPlace of any linked site and/or any of its content therein.



Other Businesses


Parties other than the Company operate stores, provide services, sell products or list advertisement on this Website, and this Website may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their Websites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.



Access and Interference


The Website contains robot exclusion headers. Most of the information on the Website is updated on a real time basis and is proprietary or is licensed to the Company by Website’s Members or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission from the Company.

Additionally, you agree that you will not:

• take any action that imposes or may impose, in the Company's sole and absolute discretion, an unreasonable or disproportionately large load on the Website's infrastructure

• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Website without the prior written permission of the Company

• interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website

• bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Website



Force Majeure


Under no circumstances shall LamboPlace be held liable for any delay or failure or disruption of the content or services delivered through the Websites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, accidents, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, tempest, explosions, acts of God, war, governmental actions, health epidemics declared by authorities, orders of domestic or foreign courts or tribunals or non-performance of third parties.



Exclusions and Limitations of Liability


In the event of a dispute between you and a User in relation to Products purchased on the Website, you shall release the Company from all 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 dispute. The Company does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Vendors and other Users on the Website or that a Buyer will actually complete a particular Transaction. The Company cannot and does not guarantee continuous or secured access to the Website and its services, and operation of the Website may be affected by numerous factors outside of the Company’s control. All materials, information, software, products, services and other content contained on the Website or from a linked site, is provided to you on "as is" basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Website. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Website is solely at your own risk. The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a User or whether in action for contract, breach of warranty, tort or otherwise. 

THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



No Warranties


You will not hold the Company responsible for other User's content, actions or inactions, or Products listed by Vendors, including content they post. You understand and agree that Transactions between you and Users on the Website are deemed to be private contractual arrangements between you and such Users, and LamboPlace is not a party to, and does not represent the Users or you in such transactions. The Company is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient Services on the Website. The Company and the Website have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of User’s content or listings, the ability of any Users to sell or purchase Products or that any Transaction will be successfully completed. The Company and the Website does not transfer legal ownership of Products from a Vendor to a Buyer. Unless a Buyer and Vendor agrees otherwise, Buyer will become the Product's lawful owner upon physical receipt of the Product from Vendor. The Company cannot guarantee continuous or secured access to the Services, and operation of the Website may be interfered with by numerous factors outside of the Company's control. If a you have a dispute with one or more Users, you hereby release the Company, 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, arising out of or in any way connected with such disputes. Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and Services.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE WEBSITE, OR FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE MEMBERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.



Compliance


As a condition of your use of the Services and/or access to the Website, you agree that:

Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:

• committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account

• distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities

• using the Services to promote and facilitate pyramid schemes

You shall comply with these Terms and Conditions and our other related Policies.

You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services:

• which are false, inaccurate, misleading, unlawful, defamatory, libelous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive

• which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties

You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.

You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent.

You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:

• transferring your User account and User ID to another party and/or allowing access by a third party to your User account and User ID without our express written consent

• directly entering into and completing any Transaction with another User outside of the Website and/or without using the appointed Online Payment Gateway provided by the Company on the Website

• exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same

• manipulating the price of any item or interfering with other Vendor’s listings

• taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website)

You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:

• distributing viruses or any other technologies that may harm the Website, or the interests or property of other Users

• undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services

• monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission

• engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks

• engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques

You shall conduct yourself in accordance with good public order and morals, and shall refrain from:

• persistently raising complaints without any reasonable grounds or justification

• repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification

• engaging in behaviour which violates public order or is destructive to generally accepted customs or norms



Indemnity


You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms and Conditions and/or the Vendor Agreement (as the case may be), or your violation of any law or the rights of a third party.



Severability


If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.



Amendments


The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions. Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same. We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.



Notices


Unless specified otherwise in these Term and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:

11.1, 11th Floor,

Menara Lien Hoe,

No. 8, Persiaran Tropicana,

Tropicana Golf Resorts,

47410 Petaling Jaya,

Selangor, Malaysia.

All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.



Governing Law


These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Vendor Agreement and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 



General Provisions


Subject to any additional Agreements, the User Terms and Conditions constitute the entire agreement between you and LamboPlace with respect to and govern your use of the Websites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

LamboPlace and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

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

LamboPlace’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of LamboPlace’s right to act with respect to subsequent or similar breaches.

LamboPlace shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of LamboPlace.com). You may not assign, in whole or part, the Terms to any person or entity.



Updates to this Terms (if any)


*Last updated: 16th March, 2018

(User Terms and Conditions will chance from time to time. Please refer to the latest version which will be updated online.)

 

END OF TERMS AND CONDITIONS