User Agreement

March 14, 2007

Terms & Conditions of Service

1. Acceptance of Terms
This website located at www.shopping.com.my (the Site) is provided by Skymedia Network Sdn Bhd (Skymedia). Your use of the Site is governed by the terms and conditions of a legally binding agreement (referred to as the “Terms of Service” (TOS) in this document) between you and Skymedia. Your permission to access and use this Site is subject to your acceptance of the terms and conditions set forth in this TOS which may be updated by Skymedia from time to time without notice to you. You can review the updated version of this TOS at any time on this page (http://www.shopping.com.my/agreement.php). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

2. Privacy Policy.
Skymedia may collect certain information about you during your use of this Site. Please read our privacy policy located at http://www.shopping.com/privacy.php. You acknowledge that you have read and agree to the use of your data in accordance with Skymedia’s privacy policies.

3. Use of this Site.
You are entirely responsible for all the content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit to or via the Site any content that:
(i) is false, unlawful, abusive, offensive, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Skymedia or other users of the Site;
(ii) includes unauthorized disclosure of personal information;
(iii) violates or infringes anyone's intellectual property rights; or
(iv) contains software viruses or any other harmful programs or elements designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Skymedia reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.

You agree that you will not use the Site to:
(i) transmit spam, bulk, or unsolicited communications;
(ii) pretend to be Skymedia or someone else, or spoof Skymedia's or someone else's identity;
(iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site;
(iv) misrepresent your affiliation with a person or entity;
(v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site;
(vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
(vii) sell access to this website, including any content contained on, downloaded or accessed from this website, except with the written consent of Skymedia;
(viii) redistribute or copy any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, or any other electronic or paper-based means.
(ix) collect or store personal data about other users unless specifically authorized by such users. Skymedia reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
(x) You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained therein without the prior written permission of Skymedia.

4. User Obligations.
You agree to follow all applicable laws and regulations when using this Site. In addition, you agree that you will not:
Upload, post or otherwise transmit through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner subject to the terms of our Privacy Policy.

5. No Endorsement of Content.
The transmission of data or information (including communications by e-mail) over the Internet is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any loss and damage you may incur as a result of any transmissions over the Internet, including e-mail communication with us. While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

6. Third Party Links and Contents
Our services may contains links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

7. Trademarks and Copyright
Skymedia and its logo, are and shall remain the trademarks and trade names and exclusive property of Skymedia, and any unauthorized use of these marks is unlawful. Other trademarks on the Site are the property of their respective owners. All content on this website, including without limitation all programs, articles, interface layout, interface text, documentation and graphics, is the copyrighted property of Skymedia and is protected by international copyright law. The content on the Site may be used by you only for your personal, non-commercial use as provided for in these TOS, but may not be reproduced in paper format, digitally, electronically or in other web pages. All rights are expressly reserved by Skymedia.

8. Advertisements
The services provided by shopping.com.my are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content information stored within the website including queries being made. The mode, manner and extent of the advertising by Skymedia on the services provided via shopping.com.my are subject to change without specific notice to you. In consideration for granting you access to and use of shopping.com.my services, you agree that Skymedia may place such advertising on its website.

9. Accuracy of Price and Availability Information
Price and availability information are fetched from merchants web sites. It does not guarantee the correctness of the information. Some times merchants list incorrect price or availability information, or change such information after we have fetched it from their site. While Skymedia makes every effort to insure that information on our sites is accurate, we can make no representations or warranties as to the accuracy or reliability of information provided on this site. If you believe one of our member stores has misrepresented price or availability information, please let us know.

Skymedia makes no warranties or representations whatsoever with regard to any product provided or offered by any merchants, and you acknowledge that any reliance on representations and warranties provided by any merchants shall be at your own risk.

10. Reviews and Comments
Skymedia users are allowed to submit store ratings and comments about our member stores. Comments that contain illegal, obscene, libelous, slanderous, defamatory, invasive of privacy, infringing upon the copyrights, trademarks or other intellectual property of others, or otherwise that are injurious to third parties or objectionable will not be approved for publication on our site. Furthermore, by agreeing to the terms of use of this site, you may not use a false email address, or impersonate any person or entity.

Skymedia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

11. Infringement of copyright.
Skymedia respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to the webmaster. If we find that there is infringement upon your property, we will remove the material in question as soon as possible.

12. Indemnification.
You agree to indemnify and hold Skymedia and its affiliates and each of their employees, business partners, officers, directors and agents harmless from any loss, liability, claim, demand, damage or expense including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, without affecting your indemnity obligations.

13. Disclaimer of Warranties.
Skymedia PROVIDES THIS WEB SITE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Skymedia SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. Skymedia MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES Skymedia MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Skymedia SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Limitations of Liability.
IN NO EVENT WHATSOEVER SHALL Skymedia or its affiliates or any of their respective employees, partners, officers, and directors BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE INCLUDING YOUR FAILURE TO PROVIDE Skymedia WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNTS DETAILS SECURE AND CONFIDENTIAL. Skymedia NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. Skymedia'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS ON Skymedia’s LIABILITY TO YOU IN THE ABOVE SHALL APPLY WHETHER OR NOT Skymedia HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15. Modification of Terms
Skymedia shall have the right, at its sole discretion, to modify, add or remove these TOS without notice or liability to you. Any changes to these TOS shall be effectively immediately following the posting of such changes on the Site. You agree to review these TOS from time to time and agree that any subsequent use by you of the Site following changes to these TOS shall constitute your acceptance of all such changes.

16. Miscellaneous.
In the event that one or more portions of this TOS shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this TOS. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This TOS and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire integrated agreement between Skymedia and you pertaining to the subject matter hereof.

In the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall prevail.

These TOS shall be governed by and construed in accordance with the laws of Malaysia and the parties consent to the exclusive jurisdiction of the courts of Malaysia.