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.
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
- A. 5KM is the next generation of online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such 5KM is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that 5KM is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
- B. You understand that 5KM does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside 5KM’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service (“Content“), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will 5KM be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that 5KM cannot and does not pre-screen or approve any Content, but that 5KM has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to 5KM’s knowledge or for any other reason or no reason at all. Moreover, the Platform and Content available through the Platform may contain links to other third party websites (“Third Party Websites“), which are completely unrelated to 5KM. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. 5KM makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and 5KM disclaims all liability thereto.
- C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize 5KM to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to 5KM an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and 5KM’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by 5KM in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to 5KM all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, 5KM may offer the facility of automatically capturing of the “Description” of your ad based on the images uploaded by you. 5KM makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform; and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or 5KM remove or delete such Content from the Platform. Further, you grant 5KM the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- D. 5KM does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and 5KM expressly disclaims any and all liability in connection with user Content. 5KM does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and 5KM may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. 5KM reserves the right to remove any Content without prior notice. 5KM may also terminate a user’s access to the Platform, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, 5KM reserves the right to decide whether any Content is appropriate and complies with these Terms.
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:
- i. that violates any law or regulation;
- ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant 5KM all of the license rights granted herein;
- iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- v. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- vi. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- viii. that includes personal or identifying information about another person without that person’s explicit consent;
- ix. that impersonates any person or entity, including, but not limited to, a 5KM employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- xii. that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to 5KM users who have requested not to be contacted about other services, products or commercial interests;
- xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by 5KM;
- xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- xviii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- xix. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- xx. make any libellous or defamatory comments or postings to or against anyone;
- xxi. collect personal data about other users or entities for commercial or unlawful purposes;
- xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- xxiii. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- xxiv. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- xxv. attempt to gain unauthorized access to computer systems owned or controlled by 5KM or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
- xxvi. use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of 5KM’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- xxvii. use any automated device or software that enables the submission of automatic postings on 5KM without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
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.
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.
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.
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.
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.
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):
- a. If 5KM establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay 5KM ninety nine euros (€99) for (i) each message posted in excess of such limits or (ii) for each day on which you access 5KM in excess of such limits, whichever is higher.
- b. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under Section xx(e) below you agree to pay 5KM ninety nine euros (€99) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay 5KM an additional ninety nine euros (€99) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
- d. If you use 5KM e-mail addresses or computer systems to send unsolicited e-mail advertisements to 5KM e-mail addresses or any other party, you agree to pay 5KM thirty euros (€30) for each such e-mail.
- e. If you post messages in violation of these Terms, other than as described above, you agree to pay 5KM ninety nine euros (€99) for each such message. Notwithstanding the foregoing, 5KM may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section xx(e).
- f. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without OLX’s express written permission, you agree to pay 5KM ten thousand euros (€10,000) for each day on which you engage in such conduct.
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.
- A. European standards / Personal Data Protection Act
- 5KM is responsible for the collection, use, and retention of personal information in the sense of the Dutch Personal Data Protection Act and thus in accordance with European standards.
- B. Type of Information Collected:
- When you visit the Platform, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Platform, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, zip code, and certain other information in event you log in via Facebook depending on your privacy settings including but not limited to your name, email address, profile picture, list of friends, education etc. (“Registration Information”). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with 5KM. If you provide your phone number, it may be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Platform. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party payment gateway for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information (see Section xxi(D) below). By using this Platform or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by 5KM.
- By using this Platform, you consent to sharing your geolocation data in order to publish information/advertisements of advertisements offered by users close to your location and vice-versa.
- C. Cookies
- D. Third Parties
- E. How Your Information is Used
- F. Protecting Your Personal Information
- You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer (“SSL“) technology is used for processing payment transactions with third- party service provider partners, such as PayU, PayPal, and DineroMail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Platform as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
- G. Accessing and Modifying Personal Information and Communication Preferences
- You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Platform. If you register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain email communications from us, including our newsletters, advice on buying and selling on the Platform, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from 5KM related to your account.
- H. Disclosures
- I. Notification of Changes
- J. Disputes
- Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum.
- K. How to Contact Us
If you have any grievance with respect to the Platform or the Service, you can contact us :
- Office Number: 03-9108 2838