Terms and Conditions

Welcome to Monsun-biz.com (Monsun). By using the services on the Monsun websites (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with MIRSB Services Sdn Bhd (MIRSB). and the general principles for the websites of our subsidiaries and international affiliates.

Before you may become a member of Monsun, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Monsun-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on April 14 2008, for current users, and upon acceptance for new users.

Using Monsun

While using the Sites, you will not:

• post content or items in an inappropriate category or areas on the Sites;
  
• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies that covers cross border selling;
  
• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
  
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid/sale, a clear typographical error is made, or you cannot authenticate the seller's identity;
  
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  
• manipulate the price of any item or interfere with other user's listings;
  
• circumvent or manipulate our fee structure, the billing process, or fees owed to Landlord/Super/Mini/Kiosk;
  
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Monsun);
  
• distribute or post spam, chain letters, or pyramid schemes;
  
• distribute viruses or any other technologies that may harm Monsun, or the interests or property of Monsun users;
  
• copy, modify, or distribute content from the Sites and Monsun's copyrights and trademarks; or
  
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Monsun

MIRSB and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Any misappropriate content or goods displayed in Monsun can be reported directly to us by email admin@mounsun-biz.com.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining Monsun and display product for selling/bidding items will be charged for panel rental from our registered partners called Landlord/Super/Mini & Kiosk. Other service fee may be charged by Landlord/Super/Mini & Kiosk if Seller/Bidder does not have an account to receive the payment from Buyers.

Unless otherwise stated, all fees are quoted in MYR (Malaysian Ringgit). You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold MIRSB responsible for other users' actions or inactions, including things they post. All your product for selling/bidding will be checked and approved by the selected LandLords. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) MYR100.00.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Monsun by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Monsun Privacy Policy. We view protection of users' privacy as a very important community principle. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Resolution of Disputes

If a dispute arises between you and MIRSB, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Monsun agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.