Terms and Conditions
- Consumer Terms & Conditions
- Enterprise Terms & Conditions
Terms and Conditions for CONSUMER
USER MUST CONSENT TO THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ACCESSING THIS WEB SITE
e-Basis Bay Sdn Bhd (542882X) ("e-Basis Bay") is a company with limited liability incorporated under the laws of Malaysia and maintains this web site (the "Web Site") for providing, inter alia, advertising, trading and exchange services.
Access to this Web Site is subject to the terms and conditions set forth below. User's use of the Web Site signifies it's acceptance of this agreement. e-Basis Bay reserves the right to make changes in the programs, policies and services, including the terms of use of the Web Site, at any time without prior notice.
RESTRICTIONS, TRADEMARKS & COPYRIGHTS
This Web Site is owned and operated by e-Basis Bay. Modification of any material from this Web Site or use for any other purpose is a violation of e-Basis Bay's copyright and other proprietary rights. Use of any such material from this Web Site on any other web site or computer environment is prohibited. Material from this Web Site or any Web Site owned, operated, licensed or controlled by e-Basis Bay or its affiliates may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner.
All names, symbols, logos and marks appearing in this Web Site, except as otherwise noted, are trademarks owned or used under license by e-Basis Bay or its affiliates in the various countries where e-Basis Bay markets products or services bearing such trademarks. The use of these trademarks or any other material on this Web Site is prohibited.
WEB SITE LINKS
e-Basis Bay is responsible, subject to the disclaimer provisions below, only for the content of web sites that are owned or maintained by e-Basis Bay or one of its affiliates.
Links on this Site to third-party websites (if at all) are provided solely as a convenience to User. If User uses these links, User will leave this Site.
Reference or links to third party products and/or services, websites or other information are provided for informations purposes only and constitute neither an endorsement nor a recommendation by e-Basis Bay. e-Basis Bay has no responsibility for User's access from e-Basis Bay's website to a third party website and e-Basis Bay does not endorse and is not responsible for the accuracy or reliability of, any content on third party websites.
Links to website urls is for personal, non-commercial use. Therefore, User agrees not to link it's website url's(other than website url's that link to product information) or any other third party websites to the e-Basis Bay website without the express prior written consent of e-Basis Bay.
Anyone linking to e-Basis Bay's website shall comply with the Guidelines for Linking to e-Basis Bay's Websites and all applicable laws.
Guidelines for Linking to e-Basis Bay's Websites
A site that links to e-Basis Bay's website:
- May link to but not replicate e-Basis Bay content
- Should not create a browser or border environment around e-Basis Bay content
- Should not imply that e-Basis Bay is endorsing it or its products
- Should not misrepresent its relationship with e-Basis Bay
- Should not present false information about e-Basis Bay products or services
- Should not use the e-Basis Bay logo without permission from e-Basis Bay
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
PRIVACY POLICY
e-Basis Bay also operates a category of service known as "Equipment For Sale", a hardware reselling advertisement service. e-Basis Bay will retain all personal and confidential information deposited in the Web Site by users who are intending sellers or intending buyers. Upon entering into this agreement and placing equipment available for sale in the Web Site, an intending seller understands and agrees that the information contained therein will be made available to other users who are intending buyers.
e-Basis Bay will not reveal confidential information to any third parties except as specified above and unless required to do so by law or by any directive issued by relevant regulatory authorities binding upon e-Basis Bay.
USER COVENANTS
User is prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
User is obligated to sell the consumer product if the price is met. e-Basis Bay website is only meant for posting of available consumer products. Price negotiation is between intending buyer and intending seller via e-mail or any other media.
User must notify or update e-Basis Bay immediately if the consumer product is not longer available for sale. e-Basis Bay reserves the right to approve or disapprove any advertisment and listings.
e-Basis Bay shall reserve the right to remove items/equipment which are posted in the wrong section("erroneous posting"). A warning via email shall be sent to the relevant Users to remove the erroneous posting.
User's account shall be suspended and further terminated at the sole discrection of e-Basis Bay, upon continous repetition of the erroneous posting.
Legal action will be taken against the User, if posting of erroneous items are continued using a different User account.
DISCLAIMER
Information contained in this Web Site, including that in the service category known as "Equipment For Sale" is provided "AS IS" and "AS AVAILABLE" and without representations or warranties of any kind including, without limitation, warranties of merchantability and fitness for a particular purpose, either express or implied. e-Basis Bay does not warrant that the functions contained in the materials will be uninterrupted or free from errors, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components.
e-Basis Bay disclaims liability for and does not warrant or make any representations regarding the use, interpretation or results of the use of materials in this Web Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. e-Basis Bay makes no commitment to update the information found at this Web Site.
Price and availability information is subject to change without prior notice and all sales transactions are subject to a formal sales contract being entered into between e-Basis Bay and the intending buyer and / or seller upon e-Basis Bay's standard terms, a copy of which is available by e-Basis Bay upon order confirmation. All items listed as "for sale" in the service category known as "Equipment For Sale" are intended as invitations to treat only and are not offers capable of acceptance by any act of an intending buyer or user.
Availability of equipment is subject to final prior confirmation/ and or sale by vendor. e-Basis Bay is not in anyway obliged to guarantee availability of all listings provided, displayed or requested, but will endeavor to fulfill availability requirements on a best effort basis only.
Availability is also subject to full compliance of terms of payment and e-Basis Bay shall not be held liable for any price variations due or determined by market conditions and forces, arising from any delays in fulfillment of payments.
e-Basis Bay does not warrant the accuracy and completeness of the materials, software or services at this Site. e-Basis Bay may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice.
e-Basis Bay does not warrant the validity of software licenses provided with equipment available on the Consumer Section of the portal, even when an "ebasisbay.com Audit" has been executed on these equipment.
e-Basis Bay shall not be responsible for any transactions, directly or indirectly, between users who are intending buyers and users who are intending sellers where they have entered into direct transactions with each other. Buyers and Sellers shall indemnify and hold e-Basis Bay harmless for any losses incurred or other related events arising from and when the Buyers and Sellers deal directly, even though the transaction may have been initiated from or via the listings on the portal. The user who is an intending buyer on the Website understands and agrees that e-Basis Bay shall not be responsible for the accuracy and correctness of information and content deposited by the users who are intending sellers in the Web Site.
LIMITATION OF LIABILITY
Except as specifically stated on this Web site and to the fullest extent permitted by law e-Basis Bay (nor any of its affiliates, directors, employees, agents or other representatives) shall not be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, loss of data, income or profit, loss of or damage to property and claims of third parties, that result from the use of or in connection with, or the inability to use, the materials in this Web Site, even if e-Basis Bay, its affiliates, a e-Basis Bay or its affiliates' authorized representative has been advised of the possibility of such damages.
The user specifically agrees that e-Basis Bay is not responsible or liable 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 in relation to this Web Site.
If User is dissatisfied with the service offered by the Web Site, or with the materials available on or through the Web Site, or with any of e-Basis Bay's terms and conditions, User's sole and exclusive remedy is to not use the Web Site and / or remove and delete information from the service category known as "Equipment For Sale" e-Basis Bay also reserves the right to respond or decline to any request.
LIMITED LICENSE
The materials on this Web Site are provided for users who are intending buyers or sellers and who are hereby granted a single copy license to download (on a single computer only) or print one copy of any of the information found on this Web Site for personal use or use by his / her own organization. Commercial use by users or their organizations, of this site, or any material located on it, is strictly prohibited.
e-Basis Bay reserves the right to terminate this license at any time if a user breaches the terms of this agreement, in which case the user will be obligated to immediately destroy any information downloaded, printed or otherwise copied from this site. e-Basis Bay reserves all other rights coincident or related to this site.
INDEMNITY
A user who uses or makes decisions based on information contained on this Website does so at the User's risk. To the fullest extent permitted by law, User will indemnify, defend and hold e-Basis Bay, including e-Basis Bay's partners, officers, directors, agents , employees, subsidiaries, affiliates, parents, successors and assigns harmless from any claim, demand, cause of action, debt or liability arising from any transaction or decisions that the user makes based on such information.
TRADEMARKS
Use of any trademark, trade name, logo or other trademarked or copyrighted material of e-Basis Bay without the prior written consent of e-Basis Bay is prohibited.
e-Basis Bay and the names of e-Basis Bay products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of e-Basis Bay and/or its subsidiaries.
All rights reserved and designated trademarks and brands are property of their respective owners. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
GOVERNING LAW & JURISDICTION
These terms and conditions are to be governed and construed by Malaysian law. In the event of a dispute arising out of or relating to these terms and conditions, or a user's use of or access to this Web Site, or in relation to any purchase or sale or the equipment in the service category known as "Equipment For Sale" (which is deemed to have occurred in Malaysia), litigation shall be brought in a court in Malaysia.
If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder shall be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.
USER FORUM
e-Basis Bay may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other and the content of any such Communications.
e-Basis Bay, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. e-Basis Bay is held harmless from any defamatory or derogatory views or statements posted by any users whomsoever, even those made in good faith by its own administrators/ and staff. e-Basis Bay retains the right to remove messages that include any material e-Basis Bay deems abusive, defamatory, obscene or otherwise unacceptable. The views or statements posted are strictly that of the users and in no way whatsoever represent e-Basis Bay.
AUDIT SERVICES
Audit Services is limited for audits to be done on Personal Computers with fifteen (15) inch CRT Monitors, Personal Computers with seventeen (17) inch CRT Monitors, and Laptops.
The Computer equipment ("Equipment") will be audited two (2) times by e-Basis Bay, or an e-Basis Bay Authorized Agent("Agent"). For the “Seller Audit” an equipment audit is executed at the Seller’s site, prior to the Equipment(s) being sent to the Buyer. For the “Buyer Audit”, an equipment audit is executed at the Buyer’s Site, after the Equipment(s) has been delivered to the Buyer.
Seller shall provide accurate information for the purpose of application for services, especially with regards to Seller's and Buyer's contact and bank information, and description and location of the Equipment(s), and agrees to pay all Audit fees in advance prior to any Audit taking place.
Both Audits will have an “Audit Report” generated, which will contain information with regards to the specification of the Equipment(s), the partitioning configuration of the hard disk(s), and the software installed. The Audit Report will also include any other relevant information with regards to the Equipment(s) when the Equipment(s) is purchased, such as additional devices, bags, peripherals, etc.
Reasonable efforts will be used to provide the most accurate “Audit Report” to the Seller and the Buyer.
Upon completion of the “Seller Audit”, the Equipment(s) will be un-installed and packed. During application for the “Audit Services”, Seller is required to inform e-Basis Bay whether the original packing material is available to use for packing.
Seller is required to inform e-Basis Bay, whether digital photographs of the Equipment(s) are available, which e-Basis Bay will send to the Buyer attached to the “Audit Report”.
Any part(s) of the Audited Equipment(s) found to be faulty or not in working condition during the “Seller Audit”, maybe rectified PROVIDED THAT express prior written consent (i.e. e-mail or fax) of the Seller is provided. Any extra cost incurred in replacement of parts(s), will be borne by the Seller, and charged over and above the pre-defined charges which have been specified for the Audit Package selected.
Prior to the “Buyer Audit”, the Equipment(s) will be unpacked and its components installed. Under no circumstances is the Equipment(s) required to be connected to the Buyer's computer network, or to any other Buyer's computer equipment. Only upon Audit Report sign-off by the Buyer, can the Buyer request the on-site e-Basis Bay or Agent representative to execute any requests, which e-Basis Bay or Agent is entitled to execute upon their sole discretion.
Under no circumstances are any parties, other then e-Basis Bay or “Agent”,is allowed to open or tamper with the packed Equipment(s). Failure of Buyer or Seller to comply with this will be deemed as a waiver by the Buyer and Seller to make any claims for damages, wrong Equipments(s) delivery, etc.
e-Basis Bay or Agent shall not provide any form of warranty for any audited Equipment(s), unless specifically purchased by the Seller as part of the selected Audit package.
Seller agrees to bear all risks and responsibilities relating to the condition and operability of the Equipment(s) prior to, and after delivery of the Equipment(s) to the Buyer. In the event of an unsuccessful delivery , the Seller will bear all costs involved in returning the Equipment(s) to the Seller.
e-Basis Bay and Audit Partner shall not be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, loss of data, income or profit, loss of or damage to property and claims of third parties, that result from the use of Equipment(s) Audited by e-Basis Bay, its affiliates, an e-Basis Bay or its affiliates' authorized representative.
LOGISTICS SERVICES
The availability of the “Logistics Services” is dependent on successful application by the “Seller”, and successful approval by “e-Basis Bay” for “Audit Services”.
The Computer equipment ("Equipment") will be delivered from the Seller to the Buyer, by e-Basis Bay, or an e-Basis Bay Authorized Agent ("Agent").
Seller shall pay all fees in advance, prior to the Equipment(s) being picked up from the Seller and delivery made to the Buyer.
Seller shall provide accurate information for the purpose of application for services, especially with regards to the location, weight, dimension and description of the Equipment(s) that is to be delivered to the Buyer. This information will be used to calculate the delivery charges for the service. Equipment(s) will be weighed by the Agent and if it is found that the actual weight of the Equipment(s) varies from,what is provided by the Seller, the Equipment(s) shall not be delivered to the Buyer until the Seller has paid the extra charges to e-Basis Bay.
Seller agrees to bear all risks and responsibilities relating to the condition and operability of the Equipment(s) prior to, during and upon successful delivery of the Equipment(s) to the Buyer. In the event of an unsuccessful delivery , the Seller will bear all costs involved in returning the Equipment(s) to the Seller.
e-Basis Bay and Agent shall not be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, loss of data, income or profit, loss of or damage to property and claims of third parties, that result from the use of Equipment(s) delivered by e-Basis Bay, its affiliates, an e-Basis Bay or its affiliates' authorized representative.
PAYMENT ESCROW SERIVICES
The availability of the “Payment Escrow Services” is dependent on successful application by the “Seller”, and successful approval by “e-Basis Bay” for the “Audit Services”.
The purchase price for the computer equipment ("Equipment") will be held in Escrow by e-Basis Bay upon successful delivery and “Buyer Audit” has been executed. Upon completion of a successful “Buyer Audit”, e-Basis Bay will release the purchase amount after deduction of the service charge levy as indicated in the Service Application Form, “Escrow Fee”, to the Seller.
In the case of any exception, which includes but is not limited to complaints by the “Buyer” with regards to the condition and operability of the “Equipment(s)”, e-Basis Bay reserves the right to retain the “Escrow Amount” until the exception has been resolved, or instruction has been given by the “Buyer” to release the “Escrow Amount” to the “Seller”.
Seller shall provide accurate information for the purpose of application for services, especially with regards to Seller's and Buyer's contact and bank account information.
e-Basis Bay shall not be responsible for the condition and/or operability of the “Equipment(s)” for which these “Payment Escrow Services” is used for. In cases where the “Equipment(s)” is received in a condition and/or operating state that is not acceptable by the “Buyer”, “e-Basis Bay” will return the purchase amount after deduction of the “Escrow Fee”, to the “Buyer”, as payment for its services.
HELPDESK SERVICES
Issues posted will be confirmed within twenty-four (24) hours of posting. The confirmation process will verify the accuracy of the issue, based on the program and category selected by the User. User will only be charged if e-Basis Bay is able to confirm the issue. Rejected issues will not be charged. e-Basis Bay reserves the right to reject the issue and charge the User, if the User is found misusing the Helpdesk services. The User is allowed to cancel an issue posted at any time, prior to issue confirmation process, and in doing so, will not be charged for the posted issue.
Upon confirmation, the issue will be escalated to our Helpdesk Personnel who will contact the User by e-mail, withintwenty-four (24) hours of confirmation. Further assistance will be provided to the User by email, until the issue has been resolved.
Upon resolution of issue, our Helpdesk Personnel will post the response back to the User via the portal, who should then accept the resolution by closing the issue(click button).
e-Basis Bay will use reasonable efforts to resolve all issues that have been confirmed. However, due to the distinct individual characteristics of issues posted, we do not guarantee that all issues, that have been confirmed and charged, can and will be resolved by e-Basis Bay.
e-Basis Bay shall not be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, loss of data, income or profit, loss of or damage to property and claims of third parties, that result from the use of or in connection with the resolution provided by e-Basis Bay, its affiliates, an e-Basis Bay or its affiliates' authorized representative.
DONATIONS SERVICES
A non-profitable service, provided by e-Basis Bay as a means to allow third party Doners, an avenue to donate unwanted and/or unused computer equipment, to third party Receivers such as schools, orphanages and other non-profitable and/or charitable organisations.
e-Basis Bay does not guarantee any intended Doner to be authentic, and of having good intent, with regards to all activities in the supply of the donated computer equipment.
e-Basis Bay does not guarantee any intended Receiver to be authentic, and of having good intent, with regards to all activities in the receiving of the donated computer equipment.
e-Basis Bay can not guarantee, and will not be held responsible for, the condition and quality of computer equipment provided by the Doner. All computer Equipment will be provided “AS IS”
e-Basis Bay will not be held responsible for the decomissioning, commisioning, packing, transportation, loading, unloading and any other form of activity associated to the transfer, transport, delivery, and/or shipment of the donated computer equipment.
e-Basis Bay shall not be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, loss of data, income or profit, loss of or damage to property and claims of third parties, that result from the use of the Donation Service provided by e-Basis Bay, its affiliates, an e-Basis Bay or its affiliates' authorized representative.
REFUND POLICY
Refund requests for purchases of EBB Points, or its services which are provided at e-Basis Bay's website, will be given at the discretion of e-Basis Bay's Company Management
GENERAL
e-Basis Bay may revise these Terms at any time by updating this posting. User should visit this page from time to time to review the then-current Terms because they are binding on the User. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.