THE FOLLOWING DESCRIBES THE TERMS ON WHICH POOLBUY OFFERS YOU ACCESS TO ITS SERVICES.

Welcome to PoolBuy's online buying community (hereinafter known as the "Site"). Any person who wants to access the Site to buy or use the services that are provided (hereafter known as the "Services") must accept the terms and conditions of this Agreement. The terms and conditions are binding for each and every time the Services are used.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of PoolBuy.

If you do not accept these terms and conditions or have any questions that our frequently asked questions or help section cannot answer, please contact feedback@poolbuy.net.

This Agreement helps to keep www.poolbuy.net a safe place to buy items. We would like to build www.poolbuy.net on trust, and this Agreement helps ensure that trust amongst all members of our community.

We may amend this agreement at any time by posting the amended terms on our site. The amended terms shall automatically become effective after they are posted on our site. Your continued use of this site constitutes the following :

1. acknowledgment of this Agreement and any modifications; and
2. agreement to abide and be bound by this agreement, including any modifications.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended PoolBuy members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your PoolBuy account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Joining poolbuy.net is free. We do charge processing fee for buying the items on behalf of you through our Site. And when you participate to buy an item you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

PoolBuy may from time to time review and change how members can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation.

Poolbuy.net facilitates buying items from wholesaler or retailer on behalf of you and pass the item/s to you, it is important to realize that we are not the seller. Instead, the Site acts as a venue to allow anyone to pool theirs buying power to buy in bulk and get a good discount just about anything, from anywhere, in a variety of pricing formats, including a fixed price format. We can only ensure the items are bought at the agreed price as per requested.

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept such risks and PoolBuy is not responsible for the acts or omissions of users on the Site.

We cannot control the information provided by other users which is made available through our system. Note that all graphics displayed in listings may reside on our servers, but we do not and cannot control the images that are uploaded by our users. We are not liable for any images that have been placed on our servers, as they are beyond our control.

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, PoolBuy cannot and does not confirm each user's purported identity.

Because we are a venue, in the event that you have a dispute with items bought, you release PoolBuy (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

By participating to buy an item you agree to be bound by the conditions of sale if included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless agree otherwise, or unless the item is listed in a category that is prohibited by law or by this Agreement. You will become the item's lawful owner upon physical receipt of the item. Buying participation upon confirmation through email is not retractable except in exceptional circumstances, such as: when there is a change in the item's description or higher pricing after you participated; a clear typographical error is made.

If you participate to buy on an item, it is an irrevocable offer to buy the item at the price after confirmation. You are obligated to complete the transaction.

You must describe the item and any terms on the listing page of the Site. Your buy request may only include text descriptions, graphics, pictures and other content relevant to the item. All request must be listed in an appropriate category

You may list your buy request only in appropriate categories. In your listings, you may not link to or include advertising for goods or services which

1. describes an item that you are not trying to buy on www.poolbuy.net;
2. you do not have a right to link to or include.

We reserve the right to remove a members listing if found that :

1. Member registration details and contact information is in-valid, not contactable, or misleading.
2. Member has been suspended from posting for any other reason which against our guideline, rules and regulations.

You may not list on our site or sell any item using our site which:

1. infringes any third party's copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
2. otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or
3. is illegal under, or your sale to the buyer would violate, any applicable law, statute, ordinance or regulation.

Without limiting the foregoing, you may not list on our site or put a buy request through our site, alcohol beverage or items of a pornographic nature. Poolbuy.net reserves the right to remove any items that it deems unsuitable, according to its own discretion.

1. Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
   
   
2. Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:
   
   (a) be false, inaccurate or misleading; (b) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (c) be obscene or contain pornography or, (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (f) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the processing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
   
   
3. License. Solely to enable PoolBuy to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. PoolBuy will only use Your Information in accordance with our Privacy Policy.
   
   Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to PoolBuy by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of PoolBuy and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Malaysia that are protected by physical as well as technological security devices by our service providers. If you object to your Information being transferred or used in this way please do not use our services.

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WWW.POOLBUY.NET WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

1. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

1. Member Registration Policy
2. Posting Policy
3. Forum / Usage Policy

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.

You acknowledge and agree that www.poolbuy.net may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. www.poolbuy.net will for all practical purpose allows members to unsubscribe from receiving such materials.

Except as explicitly stated otherwise, any notices shall be given by e-mail to feedback@PoolBuy.com.my (in the case of www.poolbuy.net) or to the e-mail address you provided to www.poolbuy.net during the registration process (in your case), or such other address as the party shall specify. The notice shall be deemed to have been given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.poolbuy.net during the registration process. In such case, the notice shall be deemed to have been given 3 days after the date of mailing.

PoolBuy may from time to time work with party to offer our members certain products or services at our discretion. All members will be informed of such offers through email and certain information such as name and handphone numbers maybe made available solely for this purpose.

This Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and subject to Malaysia law. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Malaysia. www.poolbuy.net does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

This is a business transaction site that goods and money get transacted. We need to ensure when you put a buy request or participate in buying item, you are contactable, and at least we can contact you to complete the transaction. We do not encourage you to sign up multiple new account. If you already have an account, or due to any certain circumstances, you need to re-create a new account, it is our basic requirement that you submit your identification for verification. We do not allowed any member to simply create new account, if they already have an account with us.

All information registered in this site will not be removed from our database server, even if you decided to terminate your account. We keep the records for the following purposes.

1. To safeguard your identity so that no one can use the same details to sign up any new account and pretend as you.
2. Audit trail for past transaction, dispute, potential fraud.
3. Any Query from relevant authorities with regards to your account information if you violate the law of Malaysia.

We do not simply suspend the account unless you have not follow our registration policy. Please check through our registration page, we have put up alert on top of the registration page to inform all new user we need your complete and valid information before we can allowed you to join this site.

We may check through old and new registrant every day and will run through some of your information. If we found any of the following incomplete or suspicious, we will temporary suspend your account.

1. Name - Incomplete ( only sur name, short form, not name, fake name)
2. Identification - Identifcation incomplete / Inconsistent
3. Address - Incomplete , inconsistent
4. Email - Suspicious Email Address
5. Post code – Post code and address not tally
6. Handphone - Incomplete

To re-activate the account, we may required you to Fax / Scan your Identification over for us to cross check all the info. If your account are temporary suspended for the above reason, we may require you to be our verified member before we can re-activate your account.

1. Posting Policy
   This section appear in your item posting page and before you make any posting, you have to agree to obey the posting policy, rules and regulation.
   
   
2. Request to Buy and Participation to Buy Posting
   The posting must be of genuine interest to buy the item stated.
   
   
3. Type of Advertisement Not Allowed
   You may NOT post any items related to banner, advertisement, duplicate posts, spams, bonuses, free gifts/giveaways/prizes, porn, pirated VCD/software, misleading title, inaccurate posting or any items prohibited by the laws of Malaysia. Your posting should not contain any links/url that may refer/redirect users to own/self promote sites (except for approved links).
   
   
4. Item Not Allowed
   Items include those that :
   
   
   • promote sexually explicit materials (pornography)
   • promote violence
   • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
   • promote illegal activities
   • otherwise violate intellectual properties rights
   
   We reserve the right to remove any of your posting without notification.
   
   
5. Item With Misleading Price or Misleading Title
   Any item with misleading price and title will be removed. Example, posting item To Buy with price RM1.00, in actual fact, there's nothing in your posting which can be bought for RM1.00.
   
   
6. Account Reactivation Fees - RM25.00
   Any violation of these rules will result in your account being suspended immediately. If you wish to re-activate your account, we will charge an Account Re-Activation fees of RM25.00. Even so, we reserve the rights NOT to accept your payment and Not to re-activate your Account.
   
   
7. Suspension of All Related Account
   Suspension of your account may apply to all accounts related to yours and may, at our discretion, apply to members of the same household, company or premise. Suspensions may range from 1 day to indefinite. You are to be responsible for their suspension.
   
   
8. Your Hand phone and Email
   We advice you not to reveal your hand phone number, email or any direct contact in your posting. We have received many complaint on scams, phone spamming, fraud, and outside deals via phone thus, sell their products.
   
   Make sure your e-mail and mobile phone in PoolBuy Account is correct and accurate to ensure seller/buyer can contact each other after the auction closed.
   
   
9. Dispute
   If dispute arise, please CC a copy of your email conversation to feedback@poolbuy.net.
   
   
10. You are responsible for your item
    You take the full responsibility of your account and for all items you post up or participated in this site, irregardless you are helping your friends, family members, spouse, classmate or etc.
    

When you post your item, you are ask to agree to all the above terms and agree to pay RM25.00 for account re-activation fees, due to any violation of the above terms.