Private Policy

The terms and conditions set out hereinbelow govern the use of ACH Sdn Bhd’s (‘the Company’) services offered and available on the website ACH and all related sub-sites (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.

By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.

The Company may amend the terms and conditions from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site. The User will be notified of any amendments via mail sent to the e-mail address provided by the User, or via announcement on the Site.

If the User continues to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.

The services herein are offered by the Company which has its registered office at 20th Floor, AmBank Group Building, No. 55, Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia.

THE USER
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law.

‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services.

The User uses the Site and/or the Services at his/her own risk.

The User shall use the Services in accordance with any law at the time being in force in Malaysia.

The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
(b) otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
(c) violates, or is illegal under any applicable law, statute, ordinance or regulation.

The User shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
(d) violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials.
(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of racist nature.
“Information” referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.

The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.

The User shall comply with the Company’s Advertising & Listing Rules and Procedures.

The User is solely responsible for the accuracy of the said Information.

PRIVACY
The Company collects information about its Users (‘User Information’) during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.

All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site.

When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site.

Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User, which consent should not be unreasonably withheld.

COOKIES
This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for both Internet Explorer and Mozilla browsers. Please refer to your browser’s Help for more information about enabling cookies.

A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.

EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company as a pre-requisite before they are allowed to post advertisements and listings on the Site. This way, Users will be able to communicate with each other via email.

The email address of the User shall not be publicly displayed on the Site. Other Users are permitted to send email to the User through the Site only.

3.9 Users shall inform in the listings and/or advertisements if they prefer not to communicate by email.

PREMIUM SERVICE
Premium Service for Individual User
4.1.1 Individual users will be able to purchase selected Premium Service.
4.1.2 Premium Services are value-added options available to individual Users to further enhance the visibility of their advertisement listings on the Company’s website.
4.1.3 The availability of Premium Services is subject to the relevent advertisement listings being in compliance with the Company’s Rules for Advertising.

TYPES OF PREMIUM SERVICES
Individual users will be able to purchase the following Premium Services
(a) Renew Daily / Renew Ad Daily
The “Renew” feature entitles advertisement listings of individual Users to be placed at the very top of the Company’s general advertisement listings, (for the applicable category) “renewal” for 7 consecutive days starting from the date of renewal of the advertising listing.
However, the position of the individual User’s advertising listing which has been renewed shall be based on a first-come-first-serve basis. All advertisements are ranked on the site of Mudah.my in chronological order according to the date and time of online publication. This includes new advertisement(s) and advertisement(s) using renewal premium service. Therefore the renewal of your advertisement to the top of the list is only temporary.
The duration of your advertisement will not be extended by the Renew Ad Daily premium service. The duration remains at 60 days from the initial date of posting of the advertisement, unless the advertisement is deleted by the user or Mudah.my in accordance to Rules for Advertising.
Click here for cost of renew daily fee.
This Premium Service Option can be purchased during insertion of advertisement or at ‘Manage Ad’ option after the advertisement has been approved and published on the Website.

(b) Featured Advertisements (Option of 7 days or 30 days)
Individual Users may opt to post an advertising lisitng as a Featured Advertisement which entitles the advertisement to be highlighted prominently at prime locations on the Company’s website for either:
i) 7 days
ii) 30 days
For this purpose, the Company reserves the sole and absolute discretion to decide which locations constitute prime locations, which may include any of the following:-
a) on the “Feature Ad” section in the listing page;
b) immediately below the results of keyword search, if the keyword is part of the subject and body of the advertisement listing;
c) immediately below the results of category search, if the category is part of the subject and body of the advertisement listing;
d) immediately below the results of a region search, if the region matches the location of the goods for sale.
A maximum of 3 featured ads will be highlighted at any one time. Advertisements benefiting from the featured ad premium will appear randomly, an advertisement will not be permanently visible on the Website at the featured location.
The user takes full responsibility to ensure the lifespan of their advertisement prior to the purchase of this service. The Company bears no responsibility of compensation in event the lifespan of the advertisement is shorter than the featured advertisement premium service purchased.
Click here for cost of featured ad fee.
This Premium Service Option can be purchased during insertion of advertisement or at ‘Manage Ad’ option after the advertisement has been approved and published on the Website.

Payment for Purchase of Premium Service at Insert Ad
4.3.1 All payments for purchase of any Premium Service shall be made either by Paypal or Credit Card only.
4.3.2 Payments shall be made at the time of submission of the individual User’s advertisement listing for review, together with the “Insert Ad” form.
4.3.3 In the event of advertisement lisiting is rejected by the Company for non-compliance with the company’s Rules for Advertising, the individual User will be informed of the reasons of rejection and shall be allowed to utilise the balance of premium service(s) at either:-
(i) an amended advertisement listing, approved in accordance to Rules for Advertising at ‘Manage Ad’ option or
(ii) submit a fresh advetisement listing altogether and once approved in accordance to Rules for Advertising at ‘Manage Ad’ option or
(iii) an existing published advertisement at ‘Manage Ad’ option.

4.3.4 In instances (i) & (ii), the resubmitted advertisement listing shall again be examined and verified by the Company for compliance with the company’s Rules for Advertising prior to publication on the Company’s website. All payments made by individual Users are non-refundable even if an advertisement lisiting is rejected by the Company for non-compliance with the Company’s Rules for Advertising.
4.3.5 However, the Premium Service(s) purchased by individual Users shall remain valid for a period of 30 days from the date of first rejection by the Company. Individual Users may utilise such Premium Services for any advertisement listing provided that the listing complies with the Company’s Rules for Advertising and is submitted and approved within the aforesaid 30 day period.
Any Premium Service(s) which are not utilized after the aforesaid 30 day period shall be forfeited.

Payment for Purchase of Premium Service at Manage Ad
All payments for purchase of any Premium Service shall be made either by Paypal, Credit Card and Maybank2U Bank Transfer only.

Users are fully liable of checking the lifespan of their advertisements in advance prior to purchasing premium service(s) as the premium service(s) lifespan does not increase the lifespan of the published advertisement.

The Company bears no responsibility of compensation in event the lifespan of the advertisement is shorter than the premium service purchased.

The Company reserves the right the revoke published advertisements including advertisements that have purchased premium service(s) if deemed and prooved to violate the Company’s Rules for Advertising

General Terms and Conditions of Use
All general Terms and Conditions of Use of the Company shall be applicable.
PRONiaga Users, please click here.

TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.

NO WARRANTY
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside the Company’s control.

The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.

To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites (‘Third Party Websites’).

The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.

Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.

In the event the User decides to leave the Site and access Third Party Sites, the User does so at his/her own risk.

EXCLUSION OF LIABILITES
to the full extent allowed by applicable law, in no event shall the company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential damage arising out of or in connection with this agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
(d) any liability at common law; or
(e) in any other way.

Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

INDEMNITY
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.

RELEASE
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

GOVERNING LAWS
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.

GENERAL PROVISIONS
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.

Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

Words importing one gender shall include any other gender unless stated otherwise.

Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

NOTICES
Notices to the Company may be sent by registered post to the following address:
xxx

Notices to the User shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the User’s address, shall be deemed to be received after 14 days from the date of posting.

DISCLAIMER
Please note that in posting your advertisement on ACH, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the “Regulations”) as follows :-
(1) Your name or the name of your business or company;
(2) The registration number of your business or company, if applicable;
(3) Your email address, telephone number and address;
(4) A description of the main characteristics of the goods or services offered;
(5) The full price of the goods or services including transportation costs, taxes and any other costs;
(6) The method of payment;
(7) Any terms and conditions governing the sale of goods or provision of services; and
(8) The estimated time of delivery of goods or services to the buyer.

Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and ACH shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, ACH shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.