Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the 5KM website located at 5kmdeal.my, and all associated sites linked to 5kmdeal.my, or the 5KM mobile application or any similar platform (hereinafter collectively, the 5KM platform run by 5KM Global advertising Sdn. Bhd, having its registered office at Medan Connaught Centre Point 1 Jalan 3/144a, 56000 Cheras, Wilayah Persekutuan, 56000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur (hereinafter collectively, 5KM Global Advertising Sdn.Bhd or 5KM) on any device and/or before availing any services offered by 5KM on the 5KM Platform which may include services such as deals, promotions, directory, listings, marketplace advertising or any other service that may be offered by 5KM on the 5KM Platform (hereinafter individually, and collectively, the 5KM Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all 5KM Services, whether offered by 5KM Global Advertising Sdn. Bhd or it’s associated.
i.ACCEPTANCE

5KM Global Advertising Sdn.Bhd is owned and operated by 5KM Global Advertising Sdn.Bhd⁠⁠⁠⁠ (“5KM” ,”Company”, “us”, “we” or “our”) and located at Medan Connaught Centre Point 1 Jalan 3/144a,, 56000 Cheras, Wilayah Persekutuan, 56000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur provide a collection of online resources which include classified advertisements (collectively, the “Service“) on the website 5kmdeal.com and corresponding and the mobile application of the platform (collectively, the “Platform“).

The Platform and the Service are provided to you subject to these 5KM Global Advertising Sdn.Bhd  of Use (these “Terms“). For the purpose of the Terms and wherever the context so requires, the terms “you” and “your” shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at 5KM’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with 5KM or the Service in any way, your only choice is to immediately discontinue use of 5KM. These Terms may be updated by 5KM at any time at its sole discretion. 5KM may send you notices of changes to the Platform.

ii.DESCRIPTION OF SERVICE AND CONTENT POLICY
iii.CONDUCT
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

Additionally, you agree not to:

iv.PAID SERVICES

5KM may charge a fee to post Content in some areas of the Service (“Paid Services“) . The fee permits certain Content to be posted in a designated area of the Platform or in excess of limits set by 5KM. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Paid Services are subject to the Terms listed herein, as well as the additional terms of service, which can be viewed here.

v.POSTING AGENTS

As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. 5KM prohibits the use of Posting Agents, directly or indirectly, without the express written permission of 5KM. Moreover, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from 5KM.

vi.ACCESS TO THE SERVICE

5KM grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by 5KM or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by 5KM, your use will be considered to be in violation of these Terms, unless 5KM expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray 5KM, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from 5KM.

vii.NOTIFICATION OF CLAIMS OF INFRINGEMENTS

5KM is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to 5KM together with a request to 5KM to delete the relevant Content in good faith in the claims of infringement form available here.

viii.INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Platform, other than the user Content that you licensed under Section ii(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to 5KM, and are subject to copyright and other intellectual property rights. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to 5KM. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 5KM reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

ix.USER SUBMISSIONS

You understand that when using the Platform, you will be exposed to Content from a diverse of sources, and that 5KM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 5KM with respect thereto.

x.PROTECTION

You agree to defend, indemnify and hold harmless 5KM, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

xi.NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to 5KM email addresses or through 5KM computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time 5KM may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the 5KM email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of 5KM computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

xii.DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You acknowledge and agree that 5KM shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that 5KM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that 5KM is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release 5KM, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

xiii.LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that 5KM may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account or email address, 5KM reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that 5KM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that 5KM reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that 5KM shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that 5KM, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if 5KM believes that you have violated these Terms. Further, you agree that 5KM shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
xiv.DISCLAIMER OF WARRANTIES

To the fullest extent permissible pursuant to applicable law, 5KM and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from 5KM or through the 5KM Services or the 5KM Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “5KM” includes 5KM’s officers, directors, employees. You expressly agree that use of the 5KM Services on the 5KM Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. 5KM does not warrant that the 5KM Services will be uninterrupted or error-free or that defects in the site will be corrected. The 5KM Services and the 5KM Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. 5KM, and its partners do not warrant that the data, 5KM software, functions, or any other information offered on or through the 5KM Services/5KM Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. 5KM and and partners do not warrant or make any representations regarding the use or the results of the use of the 5KM Services/5KM Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the 5KM Services/5KM Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will 5KM be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the 5KM Platform.

xv.LIMITATIONS OF LIABILITY

IN NO EVENT SHALL OLX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OLX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE 5KM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT 5KM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU

THE PLATFORM IS CONTROLLED AND OFFERED BY 5KM. 5KM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

xvi.ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 5KM without restriction. Any assignment or transfer by you shall be null and void.

xvii.ABILITY TO ACCEPT TERMS OF SERVICE

This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13. NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.

xviii.GENERAL INFORMATION

These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and 5KM and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of 5KM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT 5KM MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

xix.VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the OLX homepage at www5kmdeal.com. Any failure to act by 5KM with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay 5KM the following as liquidated damages (and not a penalty):

If none of the foregoing clauses (a) – (f) are applicable, you agree to pay 5KM’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, 5KM retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.

xx.PRIVACY POLICY
xxi.CONTACT US

If you have any grievance with respect to the Platform or the Service, you can contact us :