Business Listings Service Terms & Conditions
- The Site is operated by Arte (M) Sdn Bhd. (“Arte”, “Company”, “We”). We are a private limited company registered in Malaysia. and have our registered office at Suite 12-A, Level 12, Menara Northam, No. 55, Jalan Sultan Ahmad Shah, 10050 Penang, Malaysia.
- You and the Company may enter into a agreement for the supply of goods or services described in this Site, by you making an offer to the Site via the website, to purchase or use the services at the specified price, subject to these Terms.
- In these Terms:
a) “you”, “advertiser”, “user”, “member”, and “guest” means you, or the business entity for which you are authorized to act on behalf of the business entity, that visits and/or uses and/or purchase the services through this Site,
b) reference to a “third party” in these Terms includes a reference to any agent or contractor of the Company, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the Site or in the fulfilment of orders made through the Site, and includes any of them
c) “Order” means an offer made by you in response to an invitation to treat made by the Site via the website.
- By using, accessing, registering or submitting a paid or free business listing for inclusion on this Site, you accept these Terms and agree to be bound by them, and an agreement is formed between you and the Company.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. The revised Terms become effective immediately whenever the amendments are posted into this Site, except for the listing fee that will be effective at the renewal time. Your continued use of the Site following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the Site and before placing any Order.
- The Site may, in its sole discretion, reserves the rights to change or remove the listing, the listing account, as well as listing setup, features and layout views of the listing, the requirements for maintaining or submitting listing, and listing renewal fee at any time.
Guests and Registered User
- You may access and/or use the Site as a guest, a member or as a subscriber.
- To become a registered member of the website for accessing additional member-only information or services, you must provide your name, a valid email address and nominate a username and a password. If you do not provide accurate and complete details, we may not be able to activate your membership, communicate with you, or supply goods or services to you. You agree to keep your membership details current at all times by accessing your account via the website.
- You may receive an email from us as soon as after you create your membership account.
- We only permit one registration per email address.
- You must not use another member’s account without permission.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.
- If you forget your password you may click on the relevant link located on the Site and we will email you a link to create a new password.
- We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.
Business Listing(s) Submission
- You may submit one or more listing on the Site through the selected listing packages including paid and free packages. For the business entity or location that you do not own, you may also be able to suggest and submit the listing and indicate that you do not own the business or place.
- You agree to submit accurate and correct business entity name (based on SSM actual company name), business descriptions, company details, representative name and contact number, etc, regardless or not you own the business entity or the location listing for which you are submitting.
- Advertiser warrants that the listing that you/ the Advertiser submits or maintains do not include contents or links which may result in a claim against, or civil or criminal liability to the Company or Site that otherwise violates the Terms and applicable law, including, without limitation, content that is deceptive, fraudulent, defamatory, obscene, pornographic, racial, infringing or that violates the privacy, publicity or any other rights of a third party.
- The Company reserves the rights to not add this listing to the Site.
- From time to time, the company may review the listings and validate the listing information. If the Advertiser breaches the Terms, the Company reserves the right to suspend or terminate the Advertiser account, or amend or remove the listing from the Site at any time, for an indefinite time period.
Ordering a Listing Package
- We recommend you carefully preview any proposed Orders or listing package before selecting the plan and adding them to your shopping cart and proceeding with your Order.
- Once an Order has been accepted by the Site, no cancellation of that Order is valid unless you receive our written communication permitting the Order to be canceled.
- Representations of goods or services for sale made by the Site via the website do not constitute an offer to sell but an invitation to treat.
- You and the Site may enter into a contract for the sale and supply of goods or services by you making an offer via the website to purchase goods or service at the price advertised on the website by:
a) Placing an electronic Order for the goods or services using the website.
b) You confirm the Order details in accordance with the procedure on the Site.
c) You making payment in full (plus any applicable delivery and handling charges, and taxes where applicable) on the website.
e) The acceptance of that offer by the Site
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when:
a) Any and all requirements set out in these Terms have been met.
b) The electronic instruction containing the offer from you enters and is recorded in our database.
c) A record is created and stored in our database.
d) The Site receives in its account full payment from you for the goods or services (including any applicable delivery, handling charges and taxes where applicable) and confirmation of that payment is received by our database.
You Acknowledge That:
a. The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by the Site for reasons beyond parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
b. To the fullest extent permitted by law, the Site and the Company are not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
c. The Site may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
d. The Site may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- You will receive an email from the Site as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us (Kindly refer to the Site’s Contact page). Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.
- If your Order of listing package is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- The Company, in its sole and absolute discretion, may accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order for the listing.
- The Site will be deemed to have accepted your Order on the first to occur of issue to you of a tax invoice for the sale and the fulfilment of your Order.
- Prices shown are in Malaysian Ringgit. Prices are valid until amended or removed from the website and are subject to change at any time.
- We reserve the right to correct any errors published on the website at any time.
Term of Agreement
- Business listings subscription may be renewed automatically at the expiry date should the Site payment gateway allow. Otherwise, the for non recurring listing package, the Advertiser will be notified to pay for a new listing package to continue for a successive term.
- The listing will be expired and may be downgraded to free listing if the Advertiser decides not to continue for renewal or fails to make payment.
Credit Card Payment
- All payments must be made in full prior to listing approval
- Your credit card will be charged for your order on the day your order is taken.
- Our payment platform will charge your credit card for an amount equal to 100% of the total items in your order. The Site will not process orders that use an incorrect, expired, overdrawn or fraudulent credit card. We will make our best efforts to contact you if this occurs.
- However, in the event such an order is processed, the Site or the Company reserves the right to collect funds for any uncollected transactions owed to it.
- If you fail to pay any fees or charges when due (which would include if a cheque is returned or electronic payment is rejected), the Site or the Company reserves the right to cancel the order.
- In case of suspected use of fraudulent credit cards (with information given by the bank or by our own staff), the Site reserves the right to hold the delivery until the bank confirms the legitimacy of the payment.
- You shall be responsible and liable for any fees (including attorneys’ fees and collection costs) that the Site or/and the Company may incur in its efforts to collect any unpaid balances from you.
- Your right to use the Site’s services is subject to limits established by the Site and/or by your credit card issuer.
Advertiser hereby grants to the Company a worldwide, non-exclusive, limited, non-transferable, royalty-free license to:
- reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the ‘Advertiser Marks’), for purposes of providing the services covered by this Agreement;
- list in the Site all the information and links provided by Advertiser as part of its listings and submissions;
- promote in social media and all other advertising media including online internet for the purpose of help promoting the Advertiser.
Disclaimer and Indemnity
- To the fullest extent permitted by law (and without limitation to any other provision of these Terms), the Site, the Company and each of its related entities, exclude all liability to You or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the Site (or any goods or services purchased on the Site) including, but not limited to, loss or damage you might suffer as a result of:
a) Errors, geographical error, mistakes or inaccuracies on the website.
b) You acting, or failing to act, on any information contained on or referred to on the Site and/or any linked website.
c) Personal injury or property damage of any kind resulting from your access or use of the website.
d) Any unauthorized access to or use of the websites secure servers.
e) Any interruption or cessation of transmission to or from the Site.
f) Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party.
g) The quality or fitness for any purpose of any business listings, advertisements or linked sites.
- Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, the Site, the Company and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Site or any goods or services purchased on it.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the Site. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes.
- You will at all times indemnify, and keep indemnified, the Site, the Company and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
- If you find any inaccuracies, please kindly contact us for the errors to be fixed.
Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), and/or account will remain on the Site directory, if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement.
The Site and the Company will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or any Order placed on the Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Malaysia law.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and the Site.
Transfer and Assignment
If the Site merges, sells or otherwise changes control of its business or this Site to a third-party, the Site and the Company reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that the Site has collected from you and any agreements it has made with you.
The failure by the Site to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Site or the Company.