GENERAL TERMS AND CONDITIONS

A.    GENERAL TERMS AND CONDITIONS

1.      ROLE OF SAMEDAY.MY
2.      GENERAL TERMS AND CONDITIONS OF SAMEDAY.MY
3.      PRIVACY POLICY
4.      ACCOUNTS AND SECURITY
5.      AGE OF MAJORITY
6.      TERM OF USE
7.      VIOLATION OF OUR TERMS OF SERVICE
8.      PURCHASE AND PAYMENT
9.      AUTHENTICITY OF PRODUCT / COUNTERFEITS / FRAUD/ DEFECT
10.    SHIPPING POLICIES AND SHIPPING GUIDE
11.    DELIVERY POLICIES AND DELIVERY GUIDE
12.    CANCELLATION, RETURN AND REFUND
13.    OVERSEAS CUSTOMER
14.    FRAUDULENT OR SUSPICIOUS ACTIVITY
15.    WARRANTIES AND INDEMNITIES
16.    EXCLUSIONS AND LIMITATIONS OF LIABILITY
17.    FORCE MAJEURE
18.    GOVERNING LAW AND SUBMISSION TO JURISDICTION
19.    ANTI MONEY LAUNDERING
20.    INDEMNITY
21.    SEVERABILITY
22.    ENTIRITY OF THE TERMS AND CONDITIONS
23.    LEGAL NOTICE
24.    MISCELLANEOUS TERMS

 

B.    PREMISES, KIOSK, HOTEL AND HOMESTAY SERVICES

1.      USER OBLIGATIONS AND PROHIBITED ACTIVITIES
2.      INTELLECTUAL PROPERTY RIGHTS
3.      AVAILABILITY
4.      LIMITATION OF LIABILITY
5.      RENTAL SERVICES

 

C.     JOB ADVERTISEMENT AND APPLICATION

1.      REGISTRATION
2.      PASSWORD AND SECURITY
3.      INTELLECTUAL PROPERTY
4.      AVAILABILITY OF THE SAMEDAY.MY WEBSITE
5.      YOUR USE OF THE SAMEDAY.MY WEBSITE
6.      YOUR USE OF THE SAMEDAY.MY SERVICES
7.      ADDITIONAL terms APPLICABLE TO EMPLOYERS
8.      ADDITIONAL TERMS APPLICABLE TO CANDIDATES
9.      USER CONTENT  AND SUBMISSIONS
10.    PAYMENT OF FEES
11.    SAMEDAY.MY’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
12.    TERM AND TERMINATION
13.    SAMEDAY.MY’S LIABILITY
14.    DISCLAIMERS
15.    THIRD PARTY WEBSITE
16.    ADVERTISING AND SPONSORSHIP POLICY
17.    INDEMNITY
18.    REFUND
19.    APPLICABLE LAW
20.    APPLICABLE LAW

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

 

 

 

A.    GENERAL TERMS AND CONDITIONS

 

 

1.    ROLE OF SAMEDAY.MY
1.1    This website (“Website”) is created by SAMEDAY.MY as a marketplace for Vendor and Customer to sell and buy products or services.
1.2    Although this Website include buy and sell functionality, SAMEDAY.MY ONLY facilitates the purchase transaction as the actual purchase contract is directly between the Customer and Vendor.
1.3    SAMEDAY.MY ONLY ACTED AS MIDDLE-MAN to conclude the sale on behalf of each Customer and Vendor involved in each transaction.
1.4    SAMEDAY.MY does not set pricing for the product, SAMEDAY.MY ONLY provide access to product data and reference pricing data.
1.5    Since the Vendor sets the price, the price sets by Vendor might be higher than the retail price. Customer is advisable to his/her due diligence in relation to the price as SAMEDAY.MY SHALL NOT BE RESPONSIBLE for any purchase higher than retail value.

 

2.    GENERAL TERMS AND CONDITIONS OF SAMEDAY.MY
2.1    By using the services (“Services”), registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in the Company.
2.2        The Services include an online platform service that provides a place and opportunity for the sale of goods between the Customer (“Customer”) and the Vendor (“Vendor”) (collectively known as “User” “ “Party” or “Parties”). The actual contract for sale is directly between Customer and Vendor ad SAMEDAY.MY is not a Party to that or any other contract between Customer and Vendor and accepts no obligations in connection with any such contract. Parties to such offline transaction will be entirely responsible for the sales contract between them, the listing of goods, the price and the like. 
2.3        SAMEDAY.MY may or may not pre-screen Users or the content or information provided by Users. SAMEDAY.MY cannot ensure that Users will complete a transaction. 
2.4        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.
2.5    SAMEDAY.MY reserves the right to change, modify, suspend or discontinue all or any part of this site or the Services at any time or upon notice as required by local laws. SAMEDAY.MY 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. SAMEDAY.MY may also impose limits on certain features or restrict your access to parts of, or the entire, site or Services in its sole discretion and without notice or liability. 

BY USING SAMEDAY.MY WEBSITE 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 SITE. 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 OF THIS AGREEMENT 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.

 

3.    PRIVACY POLICY
3.1    By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you Privacy Policy, and you hereby consent to SAMEDAY.MY, its affiliate, referral and e-dropship Agent, employee, business collaborator, and Vendor collecting, using, disclosing and/or processing your personal data as described herein. 
IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE.
 IF WE CHANGE OUR PRIVACY POLICY, WE WILL POST THOSE CHANGES OR THE AMENDED PRIVACY POLICY ON OUR WEBSITE. WE RESERVE THE RIGHT TO AMEND THIS PRIVACY POLICY AT ANY TIME.

3.2    The situations where we are going to collect your data:- 

a.    when you register and/or use our Services or site, or open an account with us;

b.    when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and Services, whether online or by way of a physical form;

c.    when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and Services;

d.    when you interact with us through our social media platforms and emails;

e.    when you use our electronic Services, or interact with us via our application or use Services on our Website. This includes, without limitation, through cookies which we may deploy when you interact with our application or Website;

f.    when you carry out transactions through our Services;

g.    when you provide us with feedback or complaints; when you submit your personal data to us for any reason.

3.3    We may disclose your personal information to any of our group of companies, agent, affiliate, referral and e-dropship, employee, and business collaborator. We may also disclose your personal information to the third parties in the event where it is required to be disclosed under any applicable law, pursuant to an order of a court of competent jurisdiction or as required by a regulatory authority.

 

4.    ACCOUNTS AND SECURITY
4.1     Some functions of our Services require registration for an account by inserting a User ID contact number, and password, and by providing certain personal information. 
4.2     You agree to:- 

a.    keep your password confidential and use only your User ID and password when logging in;

b.    ensure that you log out from your account at the end of each session on the site;

c.    immediately notify SAMEDAY.MY of any unauthorized use of your account, User ID and/or password; and

d.    ensure that your account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and account even if such activities or uses were not committed by you. SAMEDAY.MY will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this section.

4.3     You agree that SAMEDAY.MY  may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your account and your User ID, remove or discard from the site any  content associated with your account and User ID, withdraw any subsidies offered to you, temporarily withhold any sale proceeds or refunds, and/or take any other actions that SAMEDAY.MY  deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:-

a.    extended periods of inactivity;

b.    violation of the letter or spirit of these terms of Service; 

c.    illegal, fraudulent, harassing, defamatory, threatening or abusive behavior; 

d.    having multiple user accounts; 

e.    buying products on the site for the purpose of commercial re-sale; 

f.    abnormal or excessive purchase of products from the same Vendor or related group of Vendors; or 

g.    behavior that is harmful to other Users or SAMEDAY.MY. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, SAMEDAY.MY may terminate your account immediately with or without notice.

4.4     Users may terminate their account if they notify SAMEDAY.MY in writing (including via email at [email protected]) of their desire to do so. SAMEDAY.MY will terminate the account within 30-60 days.  Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact SAMEDAY.MY  after he or she has promptly and effectively carried out and completed all incomplete transactions according to the terms of Service. SAMEDAY.MY shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this section. 

 

5.    AGE OF MAJORITY
5.1    SAMEDAY.MY ONLY allow users who are 18 or older to create an account with SAMEDAY.MY. SAMEDAY.MY reserved its right to ban the user who have been found creating an account with false information.  
5.2    SAMEDAY.MY reserved its right to be indemnified from any damages, legal action and cost from any Vendor and / or Customer who created an account with false information. 

 

6.    TERM OF USE
6.1        The license for use of this site 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, SAMEDAY.MY may affect such     termination with or without notice to you.
6.2        You agree not to:

a.    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;

b.    violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our list of prohibited and restricted Items in listed down in this terms and Conditions;

c.    upload, post, transmit or otherwise make available any content featuring an unsupervised minor or use the Services to harm minors in any way;    

d.    use the Services or upload content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

e.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

f.    remove any proprietary notices from the site;

g.    cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of SAMEDAY.MY;    

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

i.    use the Services or upload content in a manner that is fraudulent, unconscionable, false, misleading or deceptive; 

j.    open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these terms of Service;

k.    access the SAMEDAY.MY platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software; 

l.    manipulate the price of any item or interfere with other User's listings;

m.     take any action that may undermine the feedback or ratings systems;

n.     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 SAMEDAY.MY with respect to the Services and/or data transmitted, processed or stored by SAMEDAY.MY;

o.    harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or information;

p.    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);

q.     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;

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

s.    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;

t.    disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

u.    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 site;

v.    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;

w.    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;

x.    use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

y.    infringe the rights of SAMEDAY.MY, including any intellectual property rights and any passing off of the same thereof;

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

ii.    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.

6.3    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 SAMEDAY.MY, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the site. You understand that by using the site, 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 SAMEDAY.MY 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 site.

6.4     You acknowledge that SAMEDAY.MY and its designees shall have the right (but not the     obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or     move any content, including without limitation any content or information posted by you,     that is available on the site without any liability to you. Without limiting the foregoing,     SAMEDAY.MY and its designees shall have the right to remove any content:-

a.    that violates these terms of Service or our prohibited and restricted items policy; 

b.    if we receive a complaint from another User; 

c.    if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or 

d.    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 SAMEDAY.MY or submitted to SAMEDAY.MY, including, without limitation, information in SAMEDAY.MY forums, blog and in all other parts of the site.

6.5         You acknowledge, consent to and agree that SAMEDAY.MY may access, preserve and     disclose your account information and content to any legal, regulatory, or governmental     authority, the relevant rights owner, or other third parties if required to do so by law     pursuant to an     order of a court or lawful request by any governmental or regulatory    authority having jurisdiction over SAMEDAY.MY or in a good faith belief that such access     preservation or     disclosure is reasonably necessary to: 

a.    comply with legal process; 

b.    enforce these terms of Service or our prohibited and restricted items policy; 

c.    respond to claims that any content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or

d.    protect the rights, property or personal safety of SAMEDAY.MY, its Users and/or the public.

 

7.     VIOLATION OF OUR TERMS OF SERVICE
7.1    Violations of this prohibited and restricted items policy may subject the Vendor to a range of adverse actions, including but not limited to any or all of the following:

a.    listing deletion;

b.    limits placed on account privileges;

c.    account suspension and termination; or

d.    legal actions

7.2.     List of prohibited and restricted item:-

a.    animal and wildlife products (including, without limitation, wild animals);

b.    artifacts and antiquities;

c.    fake and Used cosmetics;

d.    counterfeit currency and stamps;

e.    credit and debit cards;

f.    currency or credits including, without limitation, digital currency or credits, and stored value cards;

g.    drugs, prescription-only medicines, pharmacy-only medicines, drug-like substances and associated    paraphernalia. For more information, please visit www.pharmacy.gov.my

h.    telecommunication equipment that has not been registered with the Malaysian Communications and Multimedia Commission (MCMC), and electronic surveillance equipment and other similar electronic equipment such as cable TV, de-scramblers, radar scanners, traffic signal control devices, wiretapping devices and telephone bugging devices;

i.    embargoed goods;

j.    firearms, weapons such as pepper spray, replicas, and stun guns, etc.;

k.    prohibited Food: For the safety of our Users, Vendors may not list the following food and food-related items on our site:

i.    listings containing medicinal claims - that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals, contraception, inducing anesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements);

ii.    noxious food items - food which contains any prohibited substances or substances in excess of permitted proportions, adulterated food without fully informing Customer at the time of sale of the nature of the transaction;

iii.    non-pasteurized dairy products;

iv.    wild mushrooms; and

v.    any other food items hazardous to human health.

l.    food not falling into the Prohibited Food category above must adhere to these minimum standards and guidelines:

i.    expiration dates – all food items must be clearly and properly labelled with an expiration or “use by” date. Expired food items must not be listed.

ii.    sealed containers – all food and related products sold on the site should be packaged or sealed to ensure that Customer can identify evidence of tampering or defect; and

iii.    perishable food items - Vendors who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are properly packaged.

iv.    contaminated foods- Vendors shall not sell contaminated foods and foods shall be prepared fresh upon the orders placed by the Customer.

m.    government or Police related items such as badges, insignia, or uniforms;

n.    human parts or remains;

o.    alcohol;

p.    lock-picking devices;

q.    lottery tickets

r.    pesticides;

s.    potentially infringing items: Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties;

t.    services that are sexual, illegal in nature or in violation of the terms of Service, are prohibited on SAMEDAY.MY’s platform;

u.    slot machines;

v.    recalled items;

w.    shares, stock, other securities and stamps;

x.    tobacco or tobacco-related products, including without limitation electric cigarettes/e-juices that contain nicotine;

y.    bscene, seditious, or treasonous materials;

z.    products that (a) relate to campaigns, elections, political issues, or issues of public debate, (b) advocate for or against, or attack a politician or political party, or (c) promote or encourage any form of hate, crime, prejudice, rebellion or violence;

aa.    publications, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery;

bb.    stolen goods;

cc.    mislabel goods;

dd.    any other items that are, or that contain components that are (i) illegal or restricted in the jurisdiction of the Customer and/or the Vendor or which otherwise encourage illegal or restricted activities, or (ii) determined by any governmental or regulatory authority to pose a potential health or safety risk.

7.3    If you see a listing that violates our policies, please report it to us by clicking the “Report this Product” or “Report this User” button from the drop-down menu in the product or the user page. When a policy violation occurs, we will send an email, system message and push notification to Vendor to let them know that the listing has been removed from our Website. We will also send a push notification to customer of said listing. You are responsible for ensuring that your phone settings allow you to receive push notifications.

 

8.    PURCHASE AND PAYMENT
8.1     SAMEDAY.MY only support payment transaction through credit card and / or debit card/ online payment/ e-wallet, point system and coupon code.
8.2    In the event, there is an error, or any default made when using purchasing point or coupon code as a payment chosen by the Customer, no purchasing point or coupon code will be refunded to the Customer as purchasing point or coupon code is allowed to be used one time use only.
8.3    SAMEDAY.MY reserves its right to impose RM 5,000.00 as a maximum amount for one business transaction. In the event the amount of payment made is exceed RM 5,000.00 then then the Customer needs to do more than one payment transaction.
8.4    The payment shall not be more than RM 5,000.00 per transaction. However for the transaction with the same amount more than one (1) time, an authorization of the Customer may be needed by the respective bank to avoid duplicate transaction.
8.5     SAMEDAY.MY reserves its right to change the maximum amount per business transaction without notice.
8.6    SAMEDAY.MY takes no responsibility and assume no liability for any loss or damages to Customer arising from shipping information and/or payment information entered by Customer or wrong remittance by Customer in connection with the payment for the products or services purchased. We reserve the right to check whether Customer and / or Vendor is duly authorized to use certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
8.7    The Customer are restricted from attempting to chargeback the transaction once the bid is concluded. In the event, the Customer feel the products or services received from SAMEDAY.MY is fake or has defect then the Customer shall contact SAMEDAY.MY to resolve the issues.

 

9.    AUTHENTICITY OF PRODUCT / COUNTERFEITS / FRAUD/ DEFECT
9.1    SAMEDAY.MY reserves its right not to sell any Products or services that SAMEDAY.MY genuinely believe that is not authentic.
9.2    SAMEDAY.MY shall not have the obligation to inspect the authenticity of the product before the Products before the Vendor ship and deliver it to the Customer.
9.3    SAMEDAY.MY reserved its right to lodge a report to relevant authority in the event the products received by the Customer is a counterfeits products or fraudulent services.
9.4    SAMEDAY.MY reserves its right to ban any Vendor who sell fake products or counterfeits products and defect products. 
9.5    In the event the products or services received by the Customer is having a defect, the Customer shall contact SAMEDAY.MY to resolve the issue.
9.6    Box defect and small stains on the products do not constitute defect. 

 

10.    SHIPPING POLICIES AND SHIPPING GUIDE

10.1       SAMEDAY.MY will inform Vendor when SAMEDAY.MY receives Customer’s purchase monies. Unless otherwise agreed with SAMEDAY.MY, Vendor should then make the necessary arrangements to have the purchased item delivered to Customer and provide details such as the name of the delivery company, the tracking number, etc. to Customer through the site.

10.2       Vendor must use his/her best effort to ensure that Customer receives the purchased items within 2-7 working days within Peninsular and 3-14 days within Sabah and Sarawak.

10.3       Customer understand that Customer 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 SAMEDAY.MY will not be liable for any damage, expense, cost or fees resulted therefrom and Vendor and/or Customer will reach out to the logistic service provider to resolve such dispute.

10.4       For cross-border transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Vendor based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarize themselves with all import and export restrictions that apply to the designating country. Users acknowledge that SAMEDAY.MY cannot provide any legal advice in this regard and agrees that SAMEDAY.MY shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

10.5       Where the Customer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Customer, Vendor and SAMEDAY.MY in such proportions as may be determined by SAMEDAY.MY and published on the site from time to time.  SAMEDAY.MY shall (i) collect the Customer’s proportion of the Shipping Fee from the Customer, (ii) deduct the Vendor’s proportion of the Shipping Fee from the Customer’s Purchase Monies and (iii) pay the total Shipping Fee to the delivery company.

 

 

11.    DELIVERY POLICIES AND DELIVERY GUIDE

11.1       For item that require the same day or delivery service, the delivery services shall be provided by the SAMEDAY.MY through the delivery service chooses by the Customer.

11.2       The Vendor and the Customer acknowledge and understand that SAMEDAY.MY shall not be responsible in the event any courier services, delivery providers or delivery agents engaged by SAMEDAY.MY is unable to make a same day or booking delivery service.

11.3       Same day deliveries are available from Mon - Sun within coverage area of the courier services, delivery providers or delivery agents. Time-specific deliveries are only available for selection upon checkout to ensure fairness to all our customers and maintain efficiency in our operations

.11.4       There will be an additional surcharge for far location based on your delivery area or during peak hours or night shift that will automatically shown in total delivery fee amount during checkout if any.

11.5       For non-halal food delivery, Vendor shall arrange his own delivery agent within the Vendor Dashboard for the food to be delivered the Customer.

11.6       We recommend having the product delivered to an address where you or your recipient will be present on your delivery date avoid any unforeseen circumstances. Should you or your recipient fail to receive the product, a re-delivery service is available at an additional cost depending on your recipient’s location.

11.7       SAMEDAY.MY shall not be responsible for any defect on the item occurred throughout the delivery as the delivery was made by a third-party delivery service.

11.8       If you ever face a problem or delay with your delivery, please reach out to our friendly customer service team at 019-9866538.

 

12.    CANCELLATION, RETURN AND REFUND

Item condition for valid customer returns:                
                   
RETURNED ITEMS MUST BE DESCRIPTION REASONS FOR RETURN
Change of Mind/ Don't Want Item or It Does't Suit/ Fit Me Expired/ Physical Damage Faulty or Defective Item(s) Incomplete Items/ Missing Parts or Accessories/ Original Packaging Missing Freebies Received Wrong Item Not as Advertised (item doesn't match description/ pictures) Counterfeit/ Fake Item(s)
New Condition Item is new and never be used    
Original Non-Permanent Seal is intact & available This shows that the item is not opened (e.g Electronics item seal). Product sealed should not be broken EXCEPT for item type that cannot be differentiated visually based on information provided on the box/packaging only Exception for Fashion Items       Exception for Fashion Items  
Permanent Seal is intact & available For items that has permanent seal (eg. Milo Carton), this seal will indicate if item is indeed open    
Original Package in acceptable condition The item original packaging needs to be in good condition and in resalable condition      
Tags & Label present - Fashion only All tags and label of the product will need to be present during QC  
Item in original physical condition (resalable) For item that has been opened up from packaging, ensure it is in acceptable condition for reselling.      
Item functions as described by Vendor Certain category (eg. Electronics) will need to work as per PDP        
Item is as described/ advertised by Vendor Crosscheck with PDP to ensure item received by customer is correct.    
All acessories present All accessories as per stated in PDP need to be present for return.  
All freebies present All freebies as per stated in PDP need to be present during return.  
Admin Fees, Cancellation Fee & Return Shipping/Delivery Cost will be borne by: Customer Vendor Vendor Vendor Vendor Vendor Vendor Vendor

 

12.1       Customer may only cancel his/her order after the payment made to SAMEDAY.MY pursuant to the specific reason listed in the Customer’s terms and condition.

12.2       Customer may apply for the return of the purchased item and refund from the Vendor by making and application via Shopping Dashboard. Pursuant to the application received from the Customer, SAMEDAY.MY shall processed the application and determined whether Customer are entitled to return the product and receive the refund from the Vendor.

12.3       The application in 12.2 shall be made within forty-eight (48) hours after the Customer received the parcel from the Vendor and upon receiving the application from the Customer SAMEDAY.MY shall reserve its right to withhold the payment that should be made to the Vendor until the issue has been resolved.

12.4       The parcel shall be returned to the Vendor and the cost of the purchased Admin Fees, Cancellation Fee and Return Shipping/ Delivery Cost to return the Product or Item shall be borne: -

  1. by the Vendor (In the event of unforeseen error from the Vendor's end (i.e - damaged, faulty or wrong Item delivered to the Customer); or
  2. by the Customer (In the event the Customer's change of mind, Customer shall get Vendor's consent prior to the return request).

12.5       SAMEDAY.MY does not monitor the cancellation, return and refund process for offline payment.

12.6       Return and refund is not applicable for food and beverages and other perishable items or products.

 

13.    OVERSEAS CUSTOMER
13.1    SAMEDAY.MY reserves its right not to accept any overseas Vendor and Customer on the ground     SAMEDAY.MY does support overseas delivery.

 

14.    FRAUDULENT OR SUSPICIOUS ACTIVITY
14.1    If SAMEDAY.MY, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect SAMEDAY.MY, other Customers or Vendors, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

a.    we may close, suspend, or limit your access to your account or the Services, and/or suspend the processing of any transaction;

b.    we may hold, apply or transfer the funds in your account as required by judgments and orders which affect you or your account, including judgments and orders issued by courts;

c.    we may refuse to provide the Services to you now and in the future;

d.    we may hold your funds for a period of time reasonably needed to protect against the risk of liability to SAMEDAY.MY or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

14.2    For the purposes of this section:

a.    "Chargeback" means a request that a Customer files directly with his or her debit or credit card company  or debit or credit card issuing bank to invalidate a payment;

b.    "Claim" means a challenge to a payment that a Customer or Vendor files directly with SAMEDAY.MY;

c.    "Reversal" means the reversal of a payment by SAMEDAY.MY because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by SAMEDAY.MY, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these terms of Service or any other SAMEDAY.MY policy, or (e) SAMEDAY.MY decided a Claim against you.

14.3    It is Vendor’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance with SAMEDAY.MY’ terms and policies before listing the item on the selling platform. For the Vendors’ convenience, SAMEDAY.MY has provided below a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale on SAMEDAY.MY. SAMEDAY.MY will update this guideline from time to time where necessary. Please visit this page regularly for updates.

 

15.    WARRANTIES AND INDEMNITIES
15.1    Each Party warrants that they have revealed all pertinent information to each other affecting     their legal relationship.
15.2    Customer and Vendor acknowledge and understand that SAMEDAY.MY is only a marketplace for both parties to sell and buy products or services. Both parties acknowledge that SAMEDAY.MY is a third party that facilitates the purchase transaction.
15.3    Both Customer and Vendor agree to indemnify, defend and hold harmless SAMEDAY.MY and its affiliates, referral and e-dropship partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15.4    Each Parties hereby warrants, represents and undertakes to the other that:

a.    all the information stated herein are true;

b.    the said item sold in this website is obtained in a right and lawful manner;

c.    they possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these terms of Service and to comply with its terms; and

d.     they will use the Services for lawful purposes only and in accordance with these terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

 

16.    EXCLUSIONS AND LIMITATIONS OF LIABILITY
16.1       To the maximum extent permitted by applicable law, in no event shall SAMEDAY.MY be     liable     whether in contract, warranty, tort (including, without limitation, negligence     (whether active, passive or imputed), product liability, strict liability or other theory), or     other cause of action at law, in equity, by statute or otherwise, for:-

a.    loss of use; 
b.    loss of profits; 
c.    loss of revenues; 
d.    loss of data;     
e.    loss of good will; or 
f.    failure to realize anticipated savings, in each case whether direct or indirect; or
g.    any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this site or the services, including, without limitation, any damages resulting therefrom, even if SAMEDAY.MY has been advised of the possibility of such damages.

16.2      Parties acknowledge and agree that your only right with respect to any problems or     dissatisfaction with the services is to request for termination of your account and/or     discontinue any use of the services.

 

17.    FORCE MAJEURE
17.1    Neither all Parties shall be in breach of its obligations under the Contract if it is unable to perform or fulfill any of its obligations hereunder as a result of the occurrence of an Event or Force Majeure. The expression of "Event of Force Majeure" means: 

a.    war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war or terrorism; 

b.    ionizing, radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof; 

c.    pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; 

d.    natural catastrophe Including but not limited to earthquakes, floods and subsidence, lightning, exceptionally inclement weather; 

e.    pandemic and/ or epidemic gazette by the Government;

f.    riot and disorders, criminal damage, sabotage, strike, lockout, labor unrest or other industrial disturbances affecting the performance of this Contract which are not the fault of any of the Parties; 

WHICH CAUSES OR CAN BE REASONABLY EXPECTED TO CAUSE EITHER PARTY FAILING TO FULFILL ITS OBLIGATIONS UNDER THIS CONTRACT. PROVIDED THAT FORCE MAJEURE SHALL NOT INCLUDE/ECONOMIC DOWNTURN, NON-AVAILABILITY OR INSUFFICIENCY OF FUNDS OR LACK OF FINANCING ON THE PART OF THE SUPPLIER TO CARRY OUT THE WORKS/SERVICES.

 

18.    GOVERNING LAW AND SUBMISSION TO JURISDICTION
18.1    Both Parties agree that any and all disputes or claims that have arisen or may arise between you and SAMEDAY.MY relating in any way to or arising out of the terms or your use of or access to SAMEDAY.MY's Services, shall be submitted to the Court of Malaysia, in accordance with the provisions of Malaysian Law. Provided that both Parties have tried to resolve the matter through meeting attended by both Parties. 

 

19.    ANTI MONEY LAUNDERING
19.1    SAMEDAY.MY represents that it has in place anti-money laundering procedures which comply with applicable law in jurisdictions in which the proceed of the sales are distributed. SAMEDAY.MY reserves its right to notify the authority of any suspicious activity of which it becomes aware relating to the sales transaction between the Vendor and Customer. Upon reasonable request, Regardless of Personal Data Protection Act 2010 (PDPA),  SAMEDAY.MY agrees to provide the relevant  with documentation  and details of the Customer and Vendor in the event SAMEDAY.MY  discover there is a sale transaction between Vendor and Customer that violates  the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (the “AMLATFA”).

 

20.    INDEMNITY
20.1    You agree to indemnify, defend and hold harmless SAMEDAY.MY, and its shareholders, subsidiaries, affiliates, referral and e- dropship (RED),  business collaborators, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:-

a.    any transaction made on the site, or any dispute in relation to such transaction (except where SAMEDAY.MY or its Affiliates or its referral and e-dropship is the Vendor in the transaction that the dispute relates to;

b.    the SAMEDAY.MY guarantee;

c.    the hosting, operation, management and/or administration of the Services by or on behalf of SAMEDAY.MY;

d.    your violation or breach of any term of these terms of Service or any policy or guidelines referenced herein;

e.    your use or misuse of the Services

f.    your breach of any law or any rights of a third party; or 

g.    any content uploaded by you.

 

21.    SEVERABILITY
21.1    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.

 

22.    ENTIRITY OF THE TERMS AND CONDITIONS
22.1    The terms set forth in these terms of Service and any agreements and policies included or referred to in these terms of Service constitute the entire agreement and understanding of the Parties with respect to the Services and the site and supersede any previous agreement or understanding between the parties in relation to such subject matter. 
22.2    The Parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these terms of Service. 
22.3    Each Party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

 

23.    LEGAL NOTICE
23.1    Please send all legal notices to [email protected] and Attention it as  the “LEGAL NOTICE”.

 

24.    MISCELLANEOUS TERMS
24.1       SAMEDAY.MY reserves all rights not expressly granted herein.

24.2       SAMEDAY.MY reserves its right modify these terms of Service at any time by posting the revised terms of Service on this site. Your continued use of this site after such changes have been posted shall constitute your acceptance of such revised terms of Service.

24.3      You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

24.4       Nothing in these terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and SAMEDAY.MY, nor does it authorize you to incur any costs or liabilities on SAMEDAY.MY’s behalf.

24.5       The failure of SAMEDAY.MY at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

24.6       These terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for SAMEDAY.MY's affiliates, referral and e- drop-ship (RED), and subsidiaries (and each of SAMEDAY.MY's and its affiliates', referral and e-dropship and subsidiaries' respective successors and assigns).

24.7       You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption available here is in Malaysia

24.8       If you have any questions or concerns about these terms of Service or any issues raised in these terms of Service or on the site, please contacts us at 019-9866538.

 

 

 

 

B.    PREMISES, KIOSK, HOTEL AND HOMESTAY SERVICES

 

1.    USER OBLIGATIONS AND PROHIBITED ACTIVITIES
1.1    As a user of the Platform, you are responsible for any User content (text, photos, reviews, links, etc.) that you upload to SAMEDAY.MY. You must ensure that you have all the rights in respect of any content which you publish on the SAMEDAY.MY Platform and that any User content does not violate the rights of third parties.    
1.2    In particular, you must not create and upload any User content that:

a.    is advertising disguised as a review;
b.    does not have specific content for a reviewed item;
c.    is not objective or intentionally untrue;
d.    is immoral, pornographic or in any other way offensive;
e.    infringes upon the rights of third parties, in particular copyright;
f.    violates applicable laws in any way or constitutes a criminal offence;
g.    contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers;
h.    is a survey or chain letter; or
i.    is aimed at collecting or using personal data from other users, especially for commercial purposes.
1.3    Additionally, you agree not to:
a.    use our platform or its contents for any commercial purpose;
b.    make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
c.    access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
d.    violate the restrictions in any robot exclusion headers on our platform or bypass or circumvent other measures employed to prevent or limit access to our platform;
e.    take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
f.    deep-link to any portion of our Platform (including, without limitation, the purchase path for any hotel services) for any purpose without our express written permission which we may withdraw at any time in our discretion; or
g.    "frame", "mirror" or otherwise incorporate any part of our platform into any other website without our prior written permission which we may withdraw at any time in our discretion.

1.4    If your activity on our platform shows signs of fraud, abuse or suspicious activity,     SAMEDAY.MY may deny its services to you, and close any associated SAMEDAY.MY accounts. If you have conducted any fraudulent activity, SAMEDAY.MY reserves the right to take any necessary legal action and you may be liable for monetary losses to SAMEDAY.MY, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact customer service.

 

2.    INTELLECTUAL PROPERTY RIGHTS
2.1    We are the owner or licensee of all intellectual property rights in our platform and the content (including, but not limited to, price and availability of hotel services) as well as the infrastructure used to provide such content. While you may make limited copies of your itinerary (and related documents) for hotel reservations booked through our platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this platform.
2.2    If you copy or use any part of the platform in breach of the terms, your right to use the platform will cease immediately and you must destroy any copies of the materials you have made.
2.3    You agree not to generate automated page impressions or content on the Platform.

 

3.    AVAILABILITY
3.1    We do not guarantee that our Platform will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Platform will be free from errors or omissions.
3.2    We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labor or materials or a failure of public or private telecommunications networks.

 

4.    LIMITATION OF LIABILITY
4.1    SAMEDAY.MY makes no representations about the suitability of the content displayed on our Platform for any purpose. The display on our Platform of a Product or any content does not in any way imply, suggest, or constitute a recommendation by SAMEDAY.MY of that Product or that content, or any sponsorship or approval of such Product or such content by such Provider, or any affiliation between such Provider and SAMEDAY.MY. All content and any other information provided on our Platform are provided “as is” without warranty of any kind. SAMEDAY.MY disclaims all warranties and conditions that this Platform, its servers or any email sent from SAMEDAY.MY are free of viruses or other harmful components. 
4.2    SAMEDAY.MY hereby disclaims all warranties and conditions with regard to any content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
4.3    The providers are independent from SAMEDAY.MY and are not agents or employees of SAMEDAY.MY. SAMEDAY.MY is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. SAMEDAY.MY will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. SAMEDAY.MY does not accept responsibility for the uninterrupted accessibility to our platform and may carry out technical or maintenance work on the Platform at any of its choosing.
4.4    In no event shall SAMEDAY.MY be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with the delay or inability to access, display or use this  Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of     this platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if SAMEDAY.MY has been advised of the possibility of such damages.
4.5    The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms survive the termination of your relationship with SAMEDAY.MY.

 

5.    RENTAL SERVICES
5.1    Rental Services are applicable for premises, kiosk, lot, land, house, and hall.
5.2    SAMEDAY.MY is only an advertising platform for the rental services. 
5.3    SAMEDAY.MY shall not be responsible for any error or negligence on behalf of the Vendor as SAMEDAY.MY is only a middleman between the Customer and the Vendor.
5.4    SAMEDAY.MY shall not be responsible for the deposit charge or return of deposit by the Vendor as the deposit charged is solely based on the discretion made by the Vendor. 
5.5    SAMEDAY.MY shall not be responsible for any return of the deposit and the amount of the deposit returned by the Vendor as the deposit shall be under the responsibility of the Vendor.
5.6    The Customer shall have the obligation to return the rental keys and rental premises includes the furniture or other items in the premise to the Vendor in a good condition as per     to the condition that have been received by the Customer. Customer is encouraged to inspect and take photo when receiving the keys to the rental product.
5.7    Vendor should add images that are relevant to your ad. Company logos should not be used as images except for the "Services", "Jobs" and "Businesses for Sale" categories.
5.8    An image is not suitable if it:

a.    was taken by another advertiser, and is being reused without their consent (this is illegal under copyright laws);
b.    contains contact details (phone, email, links, Facebook, or any other personal info
c.    contains images of children;
d.    contains promotional words;
e.    contains an advertiser's own watermark of contact details and price;
f.    contains a watermark of a company logo placed in the center or any of the four corners of the image; or covering more than 30% of the image;
g.    is a collage, i.e. includes multiple images edited into the same image;
h.    is a stock photo;
i.    is downloaded from the SAMEDAY.MY website;
j.    is not in JPEG or PNG format;
k.    is reused from any other ad on SAMEDAY.MY;
l.    is too small or unclear, or is irrelevant;
m.    could be perceived to be offensive or provocative in nature, for example, images of live models for lingerie products;

5.9    Vendor shall only post an ad at any one time. If an individual wishes to place more than 1 ad at any one time, he or she will be required to pay the appropriate ad listing fee.
5.10    Vendor should provide the reasonable rental price of the rental premises, kiosk, lot, land, house, and hall. SAMEDAY.MY reserves the right to refuse unrealistic rental prices.
5.11    The rental products transaction shall not be more than Ringgit Malaysia Five Thousand (RM 5,000.00) Only.  However, for the transaction that exceed Ringgit Malaysia Five Thousand (RM 5,000.00) an authorization of the Customer may be needed by the respective bank.

 

 

 


This SAMEDAY.MY Website is provided to you for your use subject to these terms. These terms form a binding agreement between you and SAMEDAY.MY. By accessing or using the SAMEDAY.MY Website you agree to accept and/or to be bound by these terms. you agree to use the SAMEDAY.MY Website at your own risk.
In the case of any conflict between these terms and any contract you have with SAMEDAY.MY, these terms will take precedent.
We may update these terms from time to time for legal or regulatory reasons or to allow the proper operation of the SAMEDAY.MY Website. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the SAMEDAY.MY Website. The changes will apply to the use of the SAMEDAY.MY Website after we have given you notice. If you do not wish to accept the new terms you should not continue to use the SAMEDAY.MY Website. If you continue to use the SAMEDAY.MY Website after the date on which the change comes into effect, your use of the SAMEDAY.MY Website indicates your agreement to be bound by the new terms.

 

1.    REGISTRATION
1.1    To register on the SAMEDAY.MY Website you must be 18 years of age or above.
1.2    You must ensure that the details provided by you on registration or at any time are correct and complete.
1.3    You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. 

 

2.    PASSWORD AND SECURITY
2.1    When you register to use the SAMEDAY.MY Website you will be asked to create a password.     
2.2    In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us here immediately.
2.3    If SAMEDAY.MY has reason to believe that there is likely to be a breach of security or misuse of the SAMEDAY.MY Website, we may require you to change your password or we may suspend your account.
2.4    As a result of your loss of your Password or the misuse of the SAMEDAY.MY Website:
a.    all losses or damage incurred thereby shall be borne by you; and
b.    you shall fully indemnify SAMEDAY.MY should SAMEDAY.MY suffer any loss or damage.

 

3.    INTELLECTUAL PROPERTY
3.1    SAMEDAY.MY Website, SAMEDAY.MY content, and all right, title and interest in and to SAMEDAY.MY Website and SAMEDAY.MY content are the exclusive property of SAMEDAY.MY or its licensors.
3.2    SAMEDAY.MY Website and SAMEDAY.MY content are protected by copyright, trade mark, database right and other intellectual property rights.
3.3    You may retrieve and display SAMEDAY.MY. content of the SAMEDAY.MY Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or SAMEDAY.MY content on the SAMEDAY.MY  Website without written permission from SAMEDAY.MY.

 

4.    AVAILABILITY OF THE SAMEDAY.MY WEBSITE
4.1    Although we aim to offer you the best service possible, we make no promise that the services at the SAMEDAY.MY Website will meet your requirements.
4.2    We cannot guarantee that the SAMEDAY.MY Website will be fault-free, error-free, or that SAMEDAY.MY Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the SAMEDAY.MY Website you should report it here and we will attempt to correct the fault as soon as we can.
4.3    Your access to the SAMEDAY.MY Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

 

5.    YOUR USE OF THE SAMEDAY.MY WEBSITE
5.1    SAMEDAY.MY hereby grants you a limited, terminable, non-exclusive right to access and use SAMEDAY.MY Website only for your personal use and/or employment purposes.
5.2    You may not use the SAMEDAY.MY Website for any of the following purposes:-

a)    disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
b)    aggregating, copying or duplicating in any manner any of the SAMEDAY.MY content or information available from any SAMEDAY.MY Website, including expired job postings;
c)    advertising social service employment or recruitment;
d)    reproducing any of the SAMEDAY.MY content for general use;
e)    link to any SAMEDAY.MY content or information available from any SAMEDAY.MY Website;
f)    transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
g)    interfering with any other person’s use or enjoyment of the SAMEDAY.MY Website; or
h)    making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.3    You agree not to resell or assign your rights or obligations under these terms. You also agree not to make any unauthorized commercial use of any SAMEDAY.MY Website.

 

6.    YOUR USE OF THE SAMEDAY.MY SERVICES
6.1    The SAMEDAY.MY Services may be used only by:

a)    individuals seeking employment, and career and career-related information, such as education and voluntary services;
b)    employers or their agents seeking candidates for employment purposes; and
c)    advertisers.

6.2    Your use of the SAMEDAY.MY Services is also subject to any other contracts you may have with SAMEDAY.MY. In the case of any conflict between these terms and any contract you     have with SAMEDAY.MY, these terms will prevail.
6.3    All Users agree to not 

a)     transmit, post, distribute, store or destroy material, including without limitation SAMEDAY.MY content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of SAMEDAY.MY’s Privacy Policy. Please click this link to direct you to SAMEDAY.MY Privacy Policy (insert link) ;
b)    violate or attempt to violate the security of any SAMEDAY.MY Website;
c)    reverse engineer or decompile any parts of any SAMEDAY.MY Website;
d)    aggregate, copy or duplicate in any matter any of the SAMEDAY.MY content or information available from any SAMEDAY.MY Website, including expired job postings, other than as permitted by these terms;
e)    post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views; 
f)    post any profile, resume or apply for any job on behalf of another party;
g)    share with a third party any login credentials to any SAMEDAY.MY Website;
h)    access data not intended for you or logging into a server or account which you are not authorized to access;
i)    post or submit to any SAMEDAY.MY Website any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;
j)    post content that contains restricted or password-only access pages, or hidden pages or images;
k)    solicit passwords or personally identifiable information from other Users;
l)    delete or alter any material posted by any other person or entity;
m)    harass, incite harassment or advocate harassment of any group, company or individual;
n)    send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
o)    attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any SAMEDAY.MY Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”.
p)    use the SAMEDAY.MY Services for any unlawful purpose or illegal activity, or post or submit any content, profile,  resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by SAMEDAY.MY’s discretion;  or
q)    post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.

6.4    Violations of network security may result in civil and/or criminal liability. SAMEDAY.MY will investigate occurrences which may involve such violations and may involve, and cooperate     with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

7.    ADDITIONAL TERMS APPLICABLE TO EMPLOYERS
7.1    SAMEDAY.MY hereby grants you a limited, terminable, non-exclusive right to access and use SAMEDAY.MY Website for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of SAMEDAY.MY content or materials on SAMEDAY.MY Website solely for your use directly related to searching for and recruiting Candidates.
7.2    SAMEDAY.MY also grants you a limited, terminable, non-exclusive right to use SAMEDAY.MY Services for your internal use only.
7.3    You are responsible for maintaining the confidentiality of your employer account, Company Profiles and passwords, as applicable.
7.4    You may not share your password or other account access information with any other Party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of     your SAMEDAY.MY Website registrations and passwords, whether or not authorized by you.
7.5    You agree to immediately notify SAMEDAY.MY of any unauthorized use of your employer account, Company Profiles or passwords.
7.6    Employer represents, warrants and covenants that any employer materials provided by employer for use in connection with SAMEDAY.MY Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws.
7.7    Employers acknowledge and agree that it shall disregard any personal data received from the Candidate which are irrelevant to obtaining and assessing the suitability of candidates.
7.8    Employers are solely responsible for the employer materials on SAMEDAY.MY Website. SAMEDAY.MY is not to be considered to be an employer with respect to your use of any SAMEDAY.MY Website and SAMEDAY.MY shall not be responsible for any employment decisions, for whatever reasons, made by any entity posting jobs on any SAMEDAY.MY Website.
7.9    Employer materials may not contain:-

a.    misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented;
b.    names, logos or trademarks of unaffiliated companies;
c.    inaccurate, false, or misleading information; and
d.    material or links to material that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18.

7.10    You may not use your employer materials to:-

a.    post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
b.    sell, promote or advertise products or services;
c.    post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity;
d.    promote any opportunity that does not represent bona fide employment; and
e.    advertise sexual services or seek employees for jobs of a sexual nature.

7.11    SAMEDAY.MY does not encourage any employer materials on SAMEDAY.MY Website that request Candidates to pay deposits, placement fees, processing fees or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.
7.12    SAMEDAY.MY does not allow job advertisements that advertise more than 1 job position in each job posting.
7.13    SAMEDAY.MY is under no obligation to monitor the employer materials on SAMEDAY.MY Website, but SAMEDAY.MY may monitor the employer materials at random.
7.14    SAMEDAY.MY reserves the right to remove any Employer Materials or content from any SAMEDAY.MY Website, which in the reasonable exercise of SAMEDAY.MY’s discretion, does not comply with this Section, or if any content is posted that SAMEDAY.MY believes is not in the best interest of SAMEDAY.MY.
7.15    If any time during your use of the SAMEDAY.MY Services, you made a misrepresentation of fact to SAMEDAY.MY or otherwise misled SAMEDAY.MY in regards to the nature of your business activities or breach of the terms herein, SAMEDAY.MY may terminate your use of the SAMEDAY.MY Services and in such event, any payment made by you shall be forfeited.
7.16    You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from SAMEDAY.MY, including saved SAMEDAY.MY Profiles and resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from SAMEDAY.MY Databases. Information may continue to be available for some period of time because of delays in propagating such deletion through SAMEDAY.MY’s web servers.

 

8.    ADDITIONAL TERMS APPLICABLE TO CANDIDATES
8.1    SAMEDAY.MY hereby grants you a limited, terminable, non-exclusive right to access and use SAMEDAY.MY Website only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the SAMEDAY.MY content or material on SAMEDAY.MY Website solely for your personal, non-commercial use.
8.2    When you register with any SAMEDAY.MY Website, you will be asked to create an account and provide SAMEDAY.MY with certain information including a valid email address.
8.3    Any SAMEDAY.MY Profile you submit must be accurate, complete, up to date and not misleading. The SAMEDAY.MY Profile requires standard fields to be completed by you. You may not impersonate another person, living or dead.
8.4    You acknowledge and agree that you are solely responsible for the form, content and accuracy of any SAMEDAY.MY Profile and resume or material contained therein placed by you on the SAMEDAY.MY Website.
8.5    You acknowledge and agree that you are solely responsible for any consequences arising from such posting.
8.6    SAMEDAY.MY reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, such offers may be made by SAMEDAY.MY or by third parties.
8.7    Please see SAMEDAY.MY’s Privacy Policy, for further details regarding your information. Please note, as set forth in the SAMEDAY.MY’s Privacy Policy, that SAMEDAY.MY may collect certain User information and may contact Users periodically in accordance with the terms of the Privacy Policy (insert link).
8.8    In addition, SAMEDAY.MY reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.
8.9    You understand and acknowledge that all information provided by you, your SAMEDAY.MY Profile, resume, and/or account information shall be disclosed to prospective employers.
8.10    You understand and acknowledge that you have no ownership rights in your account and that if you cancel your SAMEDAY.MY account or your SAMEDAY.MY Account is terminated, all your account information from SAMEDAY.MY, including SAMEDAY.MY Profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from SAMEDAY.MY Databases and will be removed from any public area of the SAMEDAY.MY Website. Information may continue to be available for some period of time because of delays in propagating such deletion through SAMEDAY.MY’s web servers. In addition, third parties may retain saved copies of your information.
8.11    SAMEDAY.MY reserves the right to delete your account and all of your information after a significant duration of inactivity.

 

9.    USER CONTENT  AND SUBMISSIONS
9.1    You understand that all User content is the sole responsibility of the person from which such User content originated.
9.2    You understand and acknowledge that all information provided by you, your SAMEDAY.MY Profile, resume, and/or account information shall be stored in SAMEDAY.MY Databases and/or SAMEDAY.MY Resume Databases.
9.3    You understand, acknowledge and consent that all information provided by you, your SAMEDAY.MY Profile, resume, and/or account information may be transferred to countries outside of your location for the purposes of storing and/or processing. Please see SAMEDAY.MY’s Privacy Policy, for further details.
9.4    By submitting, posting or displaying User content on or through SAMEDAY.MY Website, you grant SAMEDAY.MY, subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User content through SAMEDAY.MY Website. SAMEDAY.MY will discontinue this licensed use within a commercially reasonable period after such User content is removed from SAMEDAY.MY Website. SAMEDAY.MY reserves the right to refuse to accept, post, display or transmit any User content in its sole discretion.
9.5    If you post User content in any public area of any SAMEDAY.MY Website, you also permit any User to access, view, store and reproduce such User content for personal use.
9.6    SAMEDAY.MY may review and remove any User content that, in its sole judgment, violates these terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any SAMEDAY.MY Website. 
9.7    SAMEDAY.MY reserves the right to expel Users and prevent their further access to the SAMEDAY.MY Website and/or use of SAMEDAY.MY Services for violating the terms or applicable laws, rules or regulations. 
9.8    SAMEDAY.MY may take any action with respect to User content that it deems necessary or appropriate in its sole discretion if it believes that such User content could create liability for     SAMEDAY.MY, damage SAMEDAY.MY’s brand or public image, or cause SAMEDAY.MY to 12.0 lose Users.
9.9    SAMEDAY.MY does not represent or guarantee the truthfulness, accuracy, or reliability of User content, derivative works from User content, or any other communications posted by Users nor does SAMEDAY.MY endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

 

10.    PAYMENT OF FEES
10.1    All amounts owed to SAMEDAY.MY must be paid within the specified payment terms from the date of the invoice. Click here for payments terms arranged by SAMEDAY.MY
10.2    Advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders. Payment must be made notwithstanding any errors or omissions in the advertisements.
10.3    All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.

 

11.    SAMEDAY.MY’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
11.1    We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms.
11.2    You can cancel your registration at any time by informing us in writing here. If you do so, you must stop using the SAMEDAY.MY Website.
11.3    The suspension or cancellation of your registration and your right to use the SAMEDAY.MY Website shall not affect either Party’s statutory rights or liabilities.

 

12.    TERM AND TERMINATION
12.1    These terms will remain in full force and effect while you are a user of any SAMEDAY.MY Website.
12.2    SAMEDAY.MY reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User content from the SAMEDAY.MY Website and immediate termination of your registration with or ability to access the SAMEDAY.MY Website and/or any other services provided to you by SAMEDAY.MY, upon any breach by you of these terms or if SAMEDAY.MY is unable to verify or authenticate any information you submit to a SAMEDAY.MY Website registration.
12.3    Even after you are no longer a User of the SAMEDAY.MY Website, certain provisions of these terms will remain in effect.

 

13.    SAMEDAY.MY’S LIABILITY
13.1    SAMEDAY.MY Website and SAMEDAY.MY Services act as, among other things, venues for:-

a.    employers or their agents to post job opportunities and search for and evaluate job candidates;
b.    candidates to post SAMEDAY.MY Profiles and resumes and search for and evaluate job opportunities; and
c.    advertisers to post their advertisements.

13.2    SAMEDAY.MY does not screen or censor the listings, including SAMEDAY.MY Profiles offered. SAMEDAY.MY is not involved in the actual transaction between employers and candidates. 
13.3    SAMEDAY.MY is not responsible for User content, the quality, safety or legality of the jobs or SAMEDAY.MY or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and SAMEDAY.MY makes no representations about any jobs, SAMEDAY.MY Profiles, resumes or User content on the SAMEDAY.MY Website.
13.4    SAMEDAY.MY reserves the right in its sole discretion to remove any User content including but not limited to SAMEDAY.MY Profiles, Company Profiles, employer materials, or other material from the SAMEDAY.MY Website from time to time. When SAMEDAY.MY exercises this discretion and there is a breach of these terms by the User, any payment made by the User will be forfeited.
13.5    The SAMEDAY.MY Website also provides content from other internet sites or resources and while SAMEDAY.MY tries to ensure that material included on the SAMEDAY.MY Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If SAMEDAY.MY is informed of any inaccuracies in the material on the SAMEDAY.MY Website we will attempt to correct the inaccuracies as soon as we reasonably can.
13.6    Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the SAMEDAY.MY Website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the SAMEDAY.MY Website.
13.7    SAMEDAY.MY Website and SAMEDAY.MY content may contain inaccuracies or typographical errors. SAMEDAY.MY makes no representations about the accuracy, reliability, completeness, or timeliness of any SAMEDAY.MY Website or the SAMEDAY.MY content. The use of all SAMEDAY.MY Website and the SAMEDAY.MY content is at your own risk.
13.8    Nothing on SAMEDAY.MY Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise.
13.9    If we are in breach of these terms, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the SAMEDAY.MY Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
13.10    The aggregate liability by SAMEDAY.MY to you for all claims arising from your use of SAMEDAY.MY Website and/or SAMEDAY.MY Services shall be limited to the amount of the existing package fee subscribed to and paid by you and operative at that time, or in the event you are a Candidate, shall be limited to RM100.

 

14.    DISCLAIMERS
14.1    SAMEDAY.MY shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of SAMEDAY.MY Services or for SAMEDAY.MY content, accuracy or quality of information available or transmitted through SAMEDAY.MY Services.
14.2    SAMEDAY.MY shall not be liable for the loss of opportunities or any cancellation of interviews by the employer or advertiser. 
14.3    SAMEDAY.MY shall not be liable for the changes of job offer as per the job description in the job ads.
14.4    You acknowledge and agree that it is not SAMEDAY.MY’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through SAMEDAY.MY Website and/or SAMEDAY.MY Services.

 

15.    THIRD PARTY WEBSITE
15.1    As a convenience to customers, the SAMEDAY.MY Website includes links to other web sites or material which are beyond its control. SAMEDAY.MY is not responsible for content on any site outside the SAMEDAY.MY Website.

 

16.    ADVERTISING AND SPONSORSHIP POLICY
16.1    Part of the SAMEDAY.MY Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the SAMEDAY.MY Website complies with relevant laws and codes.
16.2    SAMEDAY.MY reserves the right to refuse to run any advertisements that, in SAMEDAY.MY sole discretion, are not suitable for publication on any of the SAMEDAY.MY Website.
16.3    SAMEDAY.MY will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

17.    INDEMNITY
17.1    You agree to defend, indemnify, and hold harmless SAMEDAY.MY, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:-

a.    any User content or other material you provide to any SAMEDAY.MY Website;
b.    your use of any SAMEDAY.MY content; or
c.    your breach of these terms.

17.2    SAMEDAY.MY shall provide notice to you promptly of any such claim, suit or proceeding.

 

18.    REFUND
18.1    Any refund of payment made to SAMEDAY.MY shall be at the sole discretion of SAMEDAY.MY.

 

19.    APPLICABLE LAW
19.1    These terms will be subject to the laws of Malaysia.
19.2    We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malaysia.

 

20.    APPLICABLE LAW
20.1    The SAMEDAY.MY Website is owned and operated by MAM Legacy International Sdn Bhd.
20.2    If you have any queries please contact us at [email protected].
20.3    Notices to SAMEDAY.MY should be sent to the address listed on SAMEDAY.MY Website.
20.4    We will send notice to you at the address submitted by you or to such other address as SAMEDAY.MY reasonably determines is an appropriate address for you.
20.5    Advertisements posted will remain online for a period of thirty (30) days. 
20.6    All job advertisement posted will be stored in SAMEDAY.MY for 3 months from the posting date.
20.7    All resumes will be stored in SAMEDAY.MY for 6 months from the posting date of the advertisement(s) or the retrieval date from Resume Search database, whichever is earlier.
20.8    Job ad credits that have been given at no cost by SAMEDAY.MY can be retracted at any time without warning.
20.9    You may not transfer any of your rights under these terms to any other person. We may transfer our rights under these terms to another business where we reasonably believe your     rights will not be affected.
20.10    If you breach these terms and SAMEDAY.MY chooses to ignore this, SAMEDAY.MY will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the terms.
20.11    SAMEDAY.MY shall not be responsible for any breach of these terms caused by circumstances beyond its reasonable control.
20.12    If any of these terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
20.13    SAMEDAY.MY has taken every reasonable steps to complied and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. 
20.14    Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such Party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. 
20.15    The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each Party will exercise commercially reasonable efforts not to disclose any Personal Data to the other Party and to restrict the other Party’s access to its Personal Data, but if a party is given access to the other Party’s personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.