Terms and conditions
TERMS AND CONDITIONS
Welcome to GALADO. These terms and conditions are intended to help keep GALADO a safe place to trade.
In these Terms and Conditions “GALADO” means the www.GALADO.com.my website
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which GALADO offers you access to the Services and the Website. By registering as a member of GALADO you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by GALADO from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated March 23rd 2015.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘item’, ‘items’ means goods or property that may be bought or sold ;
‘member’ means a registered member of GALADO;
‘we’, ‘us’ and ‘our’ are a reference to GALADO;
‘you’ and ‘your’ are a reference to you;
‘Website’ means the GALADO website through which the services are offered;
‘listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item;
‘seller’ includes any person placing a listing or opening a “storefront”.
2.1 The services: GALADO provides a venue to introduce members who want to buy and sell items. GALADO does not take any part in the sale of items other than by providing our Website as a venue for members. If an order is placed by a buyer, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card or merchant gateway service, we simply pass on payments made by one member to another, after accounting for GALADO “Transaction Fees”
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that GALADO takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. GALADO gives no undertakings, representations, or warranties in relation to items sold or listed on the Website:
about ownership of any item;
as to the content, description, quality, or legality of the items;
as to the accuracy or truth of listings;
that any item will meet your requirements or expectations; or
about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
GALADO does not warrant that
i) the services provided will be uninterrupted, timely, secure, or error free, or
ii) that any information (including feedback) provided on the Website is error-free or reliable;
no advice or information that is obtained by you from GALADO or anyone else shall create any warranty by GALADO that is not expressly stated in the terms and conditions and responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute GALADO’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
While GALADO may facilitate payment for some items by credit card or other payment gateway, GALADO is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of GALADO to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. GALADO’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of GALADO’s message boards, your sale or attempted sale of an item prohibited under clause 4.2, or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to GALADO, GALADO may limit your activities on the Website, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where GALADO considers it appropriate.
BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example,
you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by GALADO to ensure it is kept current at all times. GALADO may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at GALADO’s discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: GALADO reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, GALADO may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
not to permit any other person to use your user name or membership; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
All listings or communications made through GALADO shall be made in good faith.
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the GALADO message boards.
Notwithstanding the above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.
You must list products in Ringgit Malaysia (RM) and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
You are responsible for any actions taken through your membership. GALADO memberships are not transferable and therefore cannot be sold, leased, lent or traded.
4.2 Your obligations as a seller
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment.
You may list an item in more than one category.
You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
When you list an item for sale on GALADO, you should do so with the intention of selling this item through the site.
Your listing may only contain a URL for a website that contains further information on the item you have listed.
Listings are not pre-screened for content. GALADO reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
You must promptly forward the listed item to the successful buyer on completion of the transaction.
You must not charge unreasonable amounts for shipping and packaging costs.
Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. GALADO reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about yourself or include any contact details or personal information in your feedback.
Feedback is provided for the sole purpose of facilitating trading between members on the GALADO Website. You must not market or export any feedback to any venue other than the GALADO Website. Linking to your GALADO feedback from other buying and selling websites will be considered a breach of our terms and conditions. You shall use the feedback system for leaving genuine and bona fide ratings and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the feedback system. When using the feedback system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through GALADO, any materials that
(1) interfere with anyone else’s use of this Site
(2) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way
(3) encourage anyone to trade outside of GALADO
(4) encourage anyone to break the law
(5) violate anyone’s copyright or other intellectual or other property right
(6) interfere with the privacy of any other use
(7) contain a virus or other harmful component
(8) contain false or misleading statements of fact or descriptions of the origin of the material or the communication
(9) advertise a website
(10) breach any of the policies or rules of GALADO.
GALADO does not and is under no obligation to monitor or review Ratings, messages and forum boards, discussions, postings, transmissions and the messages posted or sent through or on the Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against GALADO for defamation, libel or whatsoever arising out of any such communication. GALADO may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and GALADO reserves the right to claim damages and or apply for other legal remedies in relation thereto.
FEES AND ACCOUNTS
5.1 GALADO Listing Fees and Success Fees
GALADO charges fees for the use of the Website as a venue.
GALADO’s current fees are listed on our website.
Any non-commission listing fees are charged at the time of listing and are not refundable.
GALADO reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
If you are a Malaysia resident, then all fees are inclusive of GST and in Ringgit Malaysia (RM) unless otherwise stated.
Before listing an item, you should review GALADO’s fees to ensure you are aware of the fees that you will incur.
Fees are collected immediately through PAYPAL.COM Parallel Payments system.
GALADO processes ALL of the site transaction through PAYPAL.COM.
It is necessary to have a PAYPAL account to sell, ANY item on GALADO
6.1 System Integrity: GALADO will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, GALADO takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, GALADO assumes no responsibility for the corruption of any data or information held by GALADO.
6.2 Resolution of disputes: As GALADO is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, GALADO in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
6.3 GALADO Message Boards: GALADO may provide Message Boards for the use of GALADO members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. GALADO is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.6 Governing Law: These terms and conditions are governed by the laws of the Malaysian Union. You submit to the non-exclusive jurisdiction of the Courts of Malaysia.
6.7 Intellectual Property Rights: GALADO (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.9 Privacy: GALADO collects personal information about you through your use of the Website, including:
your registration details
information relating to your use of the Website and the content you access.
You agree that GALADO may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of GALADO, our users, or others, for promoting and marketing other GALADO products and Services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of GALADO, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police. You may contact GALADO to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member and you require that member’s contact details in order to take such proceedings, GALADO will release those details to you if you make a Statutory Declaration stating that you require that member’s contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting GALADO or the Disputes Tribunal.