1. ACCEPTANCE
TRICAZ an Malsysian Advertising site where its office is located at cyberjaya, and their subsidiaries and / or branches (hereinafter together "TRICAZ") provide a collection of online resources which include classified ads and forums (collectively, the "Service") on the tricaz.my website, associated sites and the platform's mobile application (collectively, the "Website").
The Website and the Service are provided to you subject to these TRICAZ Terms of Use (the “Terms”). For the purposes of the Terms and wherever the context requires, the terms "you" and "your" refer to any person who uses the Website or the Service in any way, including persons browsing the Website and its content, posting comments or other content or responding to any advertising or content on the Website. By accessing, browsing or using the website or service, you agree to be bound by these terms. Additionally, when using any part of the service, you agree to abide by all guidelines applicable to that service, which may change or be updated from time to time at TRICAZ's need.You understand and agree that you are solely responsible for revising these Terms from time to time. If you object to any of the terms of these Terms, any direction or any subsequent modification thereof, or if you are not satisfied with TRICAZ or the Service in any way, your only choice is immediately cease using the TRICAZ website.
2. DESCRIPTION OF THE SERVICE AND CONTENT POLICY
TRICAZ is the next generation of free online classifieds. We act as an online marketplace platform to enable our users who comply with these Terms to offer, sell and buy products and services listed on the website. Although you may be able to make payments and other transactions through the website, using third party providers, TRICAZ is in no way involved in any such transactions. Therefore, and as further explained in these Terms, you hereby acknowledge and agree that TRICAZ is not a party to any such transactions, has no control over any part of such transactions, and has no liability to any party in connection with these transactions. You use the Service and the Website at your own risk.
3. Tricaz offers a service on the platform called “Featured Ads”, “Spotlight”, “Most Popular” and “Featured” where users are able to pay a non-refundable fee to have their ads published in specific areas of the website. This feature allows the potential increase in the visibility of the ads posted. To purchase “Featured Ads”, you may need to share certain information through a third-party service provider, including a third-party payment service provider, which may be governed by its own terms of use and other policies. Tricaz makes no representations, warranties, and accepts no responsibility in the safety and security of information transmitted to the third-party service provider and your connection to the third-party service is entirely at your own risk.
4. Conduct
You accept and agree not to post, email, host, display, upload, modify, publish, transmit, update, or share information on the website, or otherwise make the content available:
That violates any law or regulation:
Who is protected by copyright or patented, protected by a trade secret or trademark, or other subjects to intellectual property or third party rights, including rights of confidentiality and publicity; unless you are the rightful owner of such rights or you have the permission or license from the rightful owner to publish the material and grant Tricaz all license right granted.
That infringes any of the aforementioned intellectual property rights of a party or content that you do not have the right to make available under any law, regulation, contractual or fiduciary relationship.
That is harmful, abusive, illegal, blasphemous, defamatory, obscene, pornographic, pedophilic, defamatory, invasive of the privacy or the rights of others, hateful or racist, ethnically objectionable, derogatory, relativizing, or encouraging money laundering or illegal gambling, or harming or could harm minors in any way or otherwise illegal in any way;
Whoever harasses, degrades, intimidates, or is hateful towards any individual or group of individuals on the basis of race, gender, religion, ethnicity, age, or disability;
That violates all (local) employment equality laws, including, but not limited to, those prohibiting the stating, in any job advertisement of a preference or requirement based on race, religion, gender, national origin, age, or disability of the applicant.
That includes personal or identifying information about another person without their expressed consent;
Who impersonates any person or entity, including, but not limited to, a Tricaz employee, or falsely declares or otherwise misrepresents an affiliation with any person or entity;
Deceives or misleads the recipient as to the origin of these messages or communicates any information of a grossly offensive or threatening nature;
False, misleading, deceptive, misinformative, or constitutes a “Bait-and-switch” offer;
That constitutes or contains “Network Marketing”, “Multi-level Marketing”, “Ponzi and Pyramid Systems”, “Affiliate Marketing”, “Link Referral Codes”, “Spams”, “Chain Letters”, or unsolicited commercial advertising;
That constitutes or contains any form of advertising or solicitation if (1) ads are posted in areas of categories of the website that are not designated for specific purposes; or (2) emailed to Tricaz users who have requested not to be contacted about other services, products or business interests;
Includes links to commercial services or third party websites, unless expressly authorized by Tricaz;
Advertising illegal services or the sale of illegal items that are prohibited or restricted by applicable law, including, without limitation to, items whose sales are prohibited or regulated by Malaysia’s public law;
That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or computer hardware or telecommunications equipment or any other computer resource;
Which disrupts the normal flow of dialogue with an excessive number of messages (flood attack) to the Service, or which otherwise affects the ability of other users to use the Service;
Who uses deceptive email addresses, or forged headers or identifiers manipulated in any other way in order to disguise the origin of Content transmitted through the Service.
In addition, you agree not to:
Contact anyone who has requested not to be contacted, or establishes unsolicited contact with anyone for commercial purposes, in particular, contacting a user to post an ad on a third-party website or post an ad on behalf of that user; or to “stalk” or otherwise harass anyone;
Make defamatory comments or messages against anyone;
Collect personal data about other users or entities for commercial or illegal purposes;
Use automated means, including spiders, robots, crawlers, data mining tools or the like to download or extract data from the Service, except Internet search engines (for example, Google) and public non-commercial archives (eg archive.org) conforming to our robots.txt file;
Post content outside of the local area or not relevant to the local area, repeatedly post the same or similar content, or otherwise impose unreasonable or disproportionate loads on our servers and other infrastructure;
Post the same article or service in multiple categories or classified forums or in multiple metropolitan areas;
Attempting to gain unauthorized access to computer systems owned or controlled by Tricaz or engaging in any activity that disrupts, diminishes the quality of, interferes with, or weaken the functionality of the Service or the website.
Use any form of automated device or computer program (sometimes referred to as 'signaling tools') that allows the use of the Tricaz 'signaling system' or other community control systems without each flag being entered manually by a human who raises the flag (an "automated reporting device"), or use such a reporting tool to suppress messages from competitors, other third parties or to delete messages without a reasonable good faith belief that the reported message violates these conditions or any applicable law or regulation.
Use any automated device or software that enables the submission of automatic posts to TRICAZ without human intervention or authorship (an “automated posting device”), including, without limitation, the use of such automated posting device as part of mass publications or for automatic publications submission of messages at certain times or intervals; or
Any Content uploaded by you will be subject to applicable laws and may be disabled and/or maybe investigated under appropriate laws. In addition, if it turns out that you are not complying with any laws and regulations, these terms, or the website's privacy policy, will result in the termination of your account or block your access to the site and we reserve the right to remove any non-compliant Content uploaded by you.
5. Paid Postings
Tricaz may charge a fee for posting content in certain areas of the service. The fees allow certain content to be displayed in a designated area of the website. Each party posting Content on the Service is responsible for such Content and for compliance with the Terms. These fees paid hereunder are not refundable in the event that any Content is removed from the Service for violation of these Terms. Additional terms regarding paid content will be set out in full in the applicable section(s).
If you would like to sign up for Tricaz’s premium plan or advertise on Tricaz, you agree to pay the total amount given by Tricaz.
Your payment will be accepted by the following means:
CCP, bank, or wire transfer payment; you should provide us with a payment receipt on your behalf so that Tricaz knows that you have made the payment.
6. Display Agents
As used herein, the term "posting agent" refers to a third-party agent, service, or intermediary who offers to post content to the service on behalf of third parties. Tricaz prohibits or does not allow the use of posting agents, directly or indirectly, without the express written permission of Tricaz. In addition, publishing agents are permitted or not allowed to post content on behalf of others, directly or indirectly, or otherwise use the Service in order to post content on behalf of others, except with expressed written permission or license by Tricaz.
7. Service Access License
Tricaz grants you a limited, revocable, and 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 postal agents; or (b) any collection, aggregation, copying, duplication, reproduction, display, or derivative use of the Service or any use of data mining, robots, spiders or similar data collection and extraction tools for any purpose whatsoever, unless expressly authorized by TRICAZ or otherwise indicated in these Conditions. Notwithstanding the foregoing, general purpose Internet search engines and public non-commercial archives that collect information for the sole purpose of displaying hyperlinks to the Service, provided that they each do so from an address Stable IP or range of IP addresses using an easily identifiable agent and comply with our robots. Txt files can engage in the activities described in (b).
For the purposes of this exception, a "general purpose Internet search engine" does not include a website or search engine or other service specializing in classified ads, including any classified ad subset such as housing, for sale, jobs, services, or who otherwise provides classified ad SEO services. If the total number of such posts displayed or linked to your website exceeds ninety-nine (99) posts, your use will be considered contrary to these terms, unless Tricaz expressly gives you otherwise. You are also permitted to hyperlink to the homepage of the website as long as the link does not portray Tricaz, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive record.
Tricaz may offer portions of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or display posts through third-party software news aggregators. Tricaz allows you to display, extract and link to such RSS feeds on your personal website or personal coup, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title in an RSS feed is correctly linked to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you visibly provide appropriate attribution to 'Tricaz' as the source of the RSS feed, (d) your use or viewing of the RSS feed does not suggest that Tricazpromotes or endorses any third-party causes, opinions, ideas, websites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overload or slow down the performance of Tricaz systems.
Tricaz reserves all rights to the content of all RSS feeds provided through the service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as defined in these Terms immediately terminates any authorization or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available through the Service for other purposes (including commercial purposes) not mentioned here, you must first obtain a license from Tricaz.
8. Notifications of Infringement Claims
Tricaz is not responsible for any violation of copyright or other intellectual property rights, resulting from materials published or transmitted through the website, or material advertised on the website, by end-users or any other third-party.
If you are the owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of the intellectual property rights and you believe that any Content or other content infringes your intellectual property right or intellectual property right of the owner on whose account and on whose behalf you are authorized to act, you can submit a notification to Tricaz with a request to Tricaz to remove the relevant content. The notification and request must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed;
The identification of the intellectual property rights allegedly infringed or, if several intellectual property rights on the same online site are covered by a single notification, a representative list of these works on this site;
Identification of the Content (by means of a data or communication link, AD ID, etc.) Which is alleged to infringe or to be the subject of infringing activity and which must be removed or to which access must be disabled and information reasonably sufficient to allow Tricaz to locate the material;
The information must be clear and correct to allow Tricaz to contact you, such as an address, telephone number, and, where applicable, an e-mail address;
A signed statement that uses of the material is not authorized by any other owner of the intellectual property right, its agent, or the law;
A signed declaration that the owner of the intellectual property releases Tricaz from any claims by a third-party connection with the removal by Tricaz of the relevant content; and
A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that could allegedly be infringed.
Questions may be submitted to Tricaz via the help center.
9. Intellectual Property Rights
You acknowledge and agree that the elements of the website (other than user content which you have licensed to TRICAZ under section 2 (3) of the Terms), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive and similar features ("Materials") and the trademarks, service marks and logos contained therein ("Trademarks"), belong to Tricaz or are licensed to Tricaz, and are subject to copyright and other intellectual property rights under Malaysia’s laws and treaties and/or international conventions.
As part of the Services, the website may display certain trademarks belonging to third-parties. The use of these marks may be the subject of a license granted by third parties to Tricaz. You must not reverse engineer, decompile, or disassemble such marks and nothing in this document should be construed as granting you any right in connection with such marks. The materials on the website 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 purpose other than either without prior agreement and ritten consent of the respective owners.
Tricaz reserves all rights not expressly granted herein in the website and materials. You agree not to engage in the use, copying, reproduction, or distribution of any material other than as expressly permitted herein, including any use, copying, or distribution of third-party material obtained through the website for business purposes. If you download or print a copy of the material for personal use, you must retain all copyrights and other proprietary notices contained therein. You agree not to bypass, disable or otherwise interfere with any website security-related features or features that prevent or restrict the use or copying of any material or impose limitations on the use of the website or of the materials it contains. The Service is protected to the fullest extent permitted by copyright laws, other laws of Malaysia, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright, including, but not limited to, as a literary work, collective work, and/or compilation, in accordance with copyright laws, other laws of Malaysia, and international treaties and conventions. Any reproduction, modification, creation of derivative works or redistribution of the website, material, or collective work or compilation, or allowing others to do so, is expressly prohibited. Copying or reproduction of the website, the materials, or any part thereof on any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy any Content or Materials from the Service, and agree to comply with all copyright notices and other notices posted on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes any aspect of the Service.
10. User Submissions
You understand that when using the website, you will be exposed to content from various sources and that Tricaz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to this content, and you accept and assume all responsibility for your use. You further understand and acknowledge that you may be exposed to inaccurate, offensive, indecent or objectionable, libelous or defamatory Content and you agree to waive and hereby waive all legal or equitable rights or remedies you have or may have against Tricaz in this regard.
11. Indemnity
You agree to defend, indemnify and hold harmless TRICAZ, its officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, against all claims, damages, obligations, losses, responsibilities, costs or debt, and expenses (including, but not limited to attorney's fees) resulting from (i) your use of and access to the Website and/or the Service; (ii) your breach of any term of these Terms; (iii) your violation of any rights of third parties, including, without limitation, any copyright, trademark and other intellectual property rights, trade secrets or other property, or right to privacy; or (iv) any claim that your Content has caused damage to a third party. This defense and indemnification obligation will survive termination.
12. No Spam Policy
You understand and agree that the sending of unsolicited email advertisements or other unsolicited communications to Tricaz email addresses or through Tricaz computer systems is expressly prohibited by these conditions and by Malaysian law. You acknowledge and agree that from time to time that Tricaz may monitor email usage using human monitors or automated software to report certain words associated with spam or scams in emails sent between a user and another in the Tricaz electronic messaging system. Any communication between you and any other user using the communication features available on the Service and the Website may only be used in accordance with the Terms. Any unauthorized use of Tricaz computer systems constitutes a violation of these conditions and of certain applicable laws.
13. Negotiations with Organizations And Other Individuals
You acknowledge and agree that Tricaz will not be responsible for your interactions with organizations and/or individuals on the website or through the service. This includes, but is not limited to, payment for 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 transactions are only between you and these organizations and/or individuals. You accept and acknowledge that Tricaz will not be held responsible for any loss or damage of any kind resulting from such transactions or interactions. If there is a dispute between participants on the website, or between users and a third-party, you understand and agree that Tricaz has no obligation to become involved in such disputes.
14. Limitation and Termination of Service
You acknowledge and agree that Tricaz may from time to time establish limits regarding the use of the Service, including, among others, the maximum number of days that the Content will be maintained or retained by the Service, the maximum number and size of any postings, emails, messages or any other Content that may be transmitted or stored by the Service and the frequency with which you can access the Service or the Website. You acknowledge and agree that Tricaz has no responsibility or obligation to remove or not store any Content maintained or transmitted through the Website or the Service. You acknowledge and agree that Tricaz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Tricaz will not be liable to you or to any third-party for any such modification, suspension, or interruption of the Service. You acknowledge and agree that Tricaz, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, to block your email or IP address, or to terminate any other way to your access or use of the Service. (Or any part thereof), immediately and without notice, and remove and discard any Content from the Service, for any reason or no reason, including, without limitation, if Tricaz believes you have violated these Terms.
15. Disclaimer of Warranty
You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided "as is" or "as available", without any warranty of any kind. All express and implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly excluded to the fullest extent permitted by law. To the fullest extent permitted by Tricaz law, its officers, directors, employees, and agents disclaim all warranties, express or implied, in relation to the website and your use. Tricaz makes no warranties or representations regarding the accuracy or completeness of the website or otherwise made available through the website or the service. Tricaz does not make any warranties or assume any liability for any product or service advertised or offered by a third party through the website or any website hyperlinked or presented in any banner or other advertisement, and Tricaz will not be in any way responsible for tracking any transaction between you and/or other users and/or third-party providers of products or services. As with purchasing a product or service in any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Or assume responsibility for any product or service advertised or offered by any third-party through the website or any website hyperlinked or featured in any banner or other advertisement.
16. Limitations in Responsibility
Under no circumstances will Tricaz, its officers, directors, employees, or agents be responsible for any direct, indirect, incidental, special, consequential, or exemplary damages (even if Tricaz has been advised of the possibility of such damages), resulting from any aspect. Your use of the website or the service, including, without limitation, that damages resulting from the use or misuse of the website or the service, from the inability to use the website or the service, or the interruption, suspension, modification, or termination of the website or service. Such limitation of responsibility also applies in respect of damages arising due to other services or products received through or published in connection with the website or the service or any link on the website, or advice received through or published in connection with the website or service or any link on the Tricaz website. These limitations apply to the fullest extent permitted by law. You specifically acknowledge and agree that Tricaz will not be liable for any user submissions or the defamatory, offensive, or unlawful conduct of any user or third party and that the risk of damages or damages from the foregoing rests entirely with you.
17. The Capacity to Accept Terms of Use
This website is intended for adults only and you are eligible to contract in accordance with applicable laws. If you use or access this website as a representative of a person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors who are users under the age of 18 are not permitted to access the website and use the service. You confirm that you are at least 18 years of age and that you are fully capable and competent to enter into the terms, conditions, obligations, affirmations, agreements, representations, and warranties set forth in these terms, and to comply with these terms. In any case, you affirm that you are over 18 years old because the Website is not intended for persons under 18 years old.
NOTICE TO CHILDREN UNDER 18 AND THEIR PARENTS OR GUARDIANS
If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact details if you are under the age of 18. If you wish to contact us, you can only do so through your parent or legal guardian.
18. General Information
These Terms and other policies posted on the Website constitute the entire and exclusive understanding and agreement between you and Tricaz and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between parties, whether written or oral. The Conditions and the relationship between you and Tricaz are governed by Malaysian law without regard to conflicts of law. Tricaz's inability to exercise or enforce any right or provision of the terms does not constitute a waiver of that right or provision. If any provision of the terms is held to be invalid by a court of competent jurisdiction (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or unenforceable, the parties nonetheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision.
If one or more provisions of these conditions are deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the other provisions of the conditions will in no way be affected or altered. These conditions will apply to the benefit and obligations of the successors and assigns of each party.
19. Violation of Conditions and Liquidated Damages
Please report any violation of the terms if you are aware of them by contacting us using the link at the bottom of the Tricaz home page on tricaz.my. Any failure by Tricaz to act in respect of a violation by you or by others does not waive our right to act in respect of subsequent or similar violations by you or by other people. Notwithstanding the aforementioned clauses concerning any other provision of these conditions, Tricaz reserves the right to seek legal and equitable remedies, including, without limitation, the specific execution of any condition contained in these conditions, or a preliminary or permanent injunction. against breach or threat of breach of such term or to aid in the exercise of any power granted in these Terms, or any combination thereof, without the need to post a bond.