This is a legal document which is an agreement between members & merchant with MPCN. MPCN DOT COM Sdn. Bhd. is the owner the website and App and it’s registered office is at No. 17-2, Jalan PJS 8/12, Dataran Sunway Mentari, 46150 Petaling Jaya, Selangor, Malaysia.
Please read this agreement carefully. By browsing, accessing, using the facilities and doing transactions in this website &/or App, you are deemed to have read, understood and agreed to observe, comply and be bound with these terms and conditions.
MPCN reserves the right to change &/or modify these Terms and Conditions anytime and will be effective immediately. Any changes to this policy will be notified to you by email &/or by means of notice on our home page. Continued use of the website &/or App will be deemed to constitute acceptance of the revised terms and conditions.
“MPCN” - MPCN DOT COM SDN. BHD, (registered office is at No. 17-2, Jalan PJS 8/12, Dataran Sunway Mentari, 46150 Petaling Jaya, Selangor, Malaysia) also referred as “we”, “us” & “our”.
“Members” - Approved website &/or App users also referred as “you”.
“Merchants:” - Approved private companies which utilizes the website &/or App to introduce, display and sell their products or services, also referred as “you”.
“Website” – MPCN.Asia
“App” – ios and android MPCN.Asia application
To enable full access to the website &/or App, you will need to register first as a member or merchant.
All information provided on Registration and contained as part of your account must be true, complete and accurate and you must constantly & promptly update any changes of the details in their your account.
All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, notification emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to re-validate your accounts if we believe you have been using an invalid email address.
You must not use proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts.
You are fully responsible for maintaining the confidentiality of your password & the usage of your account. You must inform us immediately if there is any unauthorized usage of your account.
To do any transactions through the website &/or App, you must be 18 years of age or over.
False, inaccurate, misleading, offensive, indecent, threatening, defamatory, or libelous content (including personal information), etc. must not be posted.
MPCN reserves the right to terminate accounts without any obligation or liability.
MPCN is not responsible for your use of any information or materials on the Website. Such usage is entirely at your own risk and responsibility.
Nothing in this Agreement affects your non-excludable statutory rights.
MPCN cannot and will not be liable for any loss or damage arising from your failure to comply with these terms and conditions.
Merchants are independent suppliers and service providers.
Merchant is responsible for complying with all applicable related law.
Advertisements in Marketplace are only allowed from registered merchants.
Full terms & conditions of any sales & service posted accordingly by the merchants must be complied with by buyers.
MPCN is not liable for any issue arising from Merchants defaults.
MPCN is not liable for loss of or damages to anyone arising from products & services from marketplace.
MPCN will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of same. However, MPCN do not guarantee that the website &/or App will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.org.
MPCN do not warrant that your use of the website &/or App will be uninterrupted and do not warrant that any information or messages transmitted on the website &/or App will be transmitted accurately, reliably, in a timely manner or at all.
MPCN do not give any warranty that the website &/or App is free from viruses or anything else which may have a harmful effect on any technology.
MPCN will try to allow uninterrupted access to the website &/or App, however, access to the website &/or App may be suspended, restricted or terminated at any time and MPCN will not be liable for it and it’s impact.
MPCN reserves the right to change, modify, substitute, suspend or remove without notice any content or posting on the website &/or App.
Your access to the website &/or App may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. MPCN will attempt to restore such access as soon as we reasonably can. MPCN assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
MPCN reserves the right to block access to the website &/or App and/or to edit or remove any material from the website &/or App which in our opinion may be a breach to any of these terms and conditions.
MPCN shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement or statutory law.
Applicable statutory law will apply.
We shall be entitled immediately or at any time (in whole or in part) to:
i) suspend the Website &/or App.
ii) suspend your use of the website &/or App.
iii) terminate this Agreement immediately.
Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You shall indemnify us against each loss, liability or cost incurred by us, any claims or legal proceedings which are brought or threatened against us by any person arising from arising out of:
i) your use of the website &/or App.
ii) the use of the website &/or App through your password.
iii) any breach of this Agreement by you.
We may place advertisements in different locations on the website &/or App. These locations and points may change from time to time.
You are free to select or click on advertised products and services or not as you see fit.
Any advertisements may be delivered on our behalf by a third party advertising company.
No personal data (for example your name, address, email address or telephone number) will be used if you click on any advertising links on the Website on promotional emails. However, on our behalf, a third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser
Link to and from another website
Any links to third party sites and to resources provided by third are merely linked to provide information only and are solely for your convenience. MPCN have no control over and do not accept any responsibility for these linked sites or for it’s contents or services (including, without limitation, relating to social networking sites such as Facebook). MPCN accept no responsibility for any loss or damage that may arise from your use of them.
Intellectual property right
All intellectual property rights, including the various rights conferred by statute, local and common law in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements), whether registered or unregistered in the website &/or App are owned by or licensed to MPCN. Any database operated by MPCN and all the website design, text and graphics, software, photos, videos, music, sounds, their selection, arrangement and all software compilations, underlying source code and software (including applets and scripts) are owned by or licensed to MPCN. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
None of the materials in the website &/or App may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on 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 content on the Website &/or App without our permission.
All rights (including goodwill and trade marks) in the website &/or App are owned by or licensed to MPCN. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties
Title, ownership rights and intellectual property rights in the website &/or App and the content accessed is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law.
Any material you transmit, post or submit to us shall be considered non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide.
All comments, suggestions, ideas, notes, drawings or concepts (collectively known as “Ideas”) in which intellectual property rights subsist: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us, shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop similar ideas. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas
Interpretation in this agreement
Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
Clause headings such as "2. USER" is purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
References to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
Other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
All provisions of this Agreement apply equally to and are for the benefit of MPCN, its subsidiaries, any holding companies of MPCN, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
In any event, the provisions of applicable clauses within this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the website &/or App again, then the provisions of the terms and conditions that then apply will govern your re-use of the website &/or App.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.