Article 1 – Acceptance
Article 2 - Definitions
1. “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Website, whether as a Service User or Service Provider;
3. "Credit" means electronic prepayment from the Service Provider to the Operator and is issued and managed by the Operator to be used by the Service Provider for the Xpertbee Services when it is applicable. The Credit can be purchased by the Service Provider for a fee or provided by the Operator or issued by Operator for free;
4. “Commission and Service Fees” is defined in Article 10;
5. “Member" means any individual or business who has registered himself as a member according to registration process established by the Operator through the Website and who is provided with the information on a consistent basis and is able to use the Xpertbee Services provided by the Operator;
6. “Master User” means the first and main registered member of a particular Account who may authorized more than one user to use the Xpertbee Services under the same membership ID.
7. “Operator” or “Xpertbee” means CS Centralized Global Services (Registered No. 002830885- K) a business entity established in Malaysia under the Registration of Business Act 1956 who managing and maintaining the Website;
8. “Password” means the password which you may be required to create, provide and use in order to create and use an Account;
9. “Posting”, “Postings” or “Submitted Content” is defined in Article 5;
10. “Service” means the service and products offered, sold and /or to be rendered by the Service Providers in the course of his business to a Service User;
11. “Service User” or “Customer” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for services offered by Service Provider, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Provider via the Website;
12. “Service Provider” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
13. “Special User” means any User of the Website who has been granted a temporary membership by the Operator.
16. “Website” means the website bearing the URL address https://www.xpertbee.com and / or any other related websites as well as any mobile and web application owned and operated by the Operator which may or may not be of similar names; and
17. “Xpertbee Service” means the facility provided by the Operator including but not limited to (i) accepting Service User requests and disseminating them to Service Providers; (ii) facilitating Service Providers to render quotations to Service Users; (iii) facilitating Service Users and Service Provider to make contact; (iv) maintaining profiles for Service Provider; and (v) any other ancillary or related services.
Article 3 – Accounts, Sub-Accounts & Membership
Any individual of the age of 18 or more is entitled to apply for the membership by creating an Account following the steps established by the Operator on the Website. Any entity which is legally recognized under the Laws of Malaysia and is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.
While using the Website, the Member is responsible for maintaining the confidentiality of their own Account and Password, and restricting unauthorized access to the Account. Member hereby agrees to accept responsibility for all activities that occur under the Member's account regardless it was authorized or conducted by the Member or his downline Users. In principle, one (1) membership ID shall be given to one (1) Member (on the basis of the email authentication for which member identity has been confirmed; however, that in the case of Master User who wish to authorize more than one user under the same membership ID, the authorized user may sign up as the downline user via QR code or referral code or approval by the master user. The Master User can remove or delete the downline user anytime as he deems necessary.
Article 4 – Verification by the Operator
By signing up as the Member, the Member hereby consent to allow the Operator to perform the background checks and verifications on the Member. The Operator may do the verification on the Member via company search with Companies Commission of Malaysia (SSM), CTOS or through any third-party verification service or database which the Operator deems fits.
The Member agrees to indemnify and hold harmless the Operator from any loss or liability that may result from the identity and background verification conducted.
In addition, the Member do hereby represent, understand and expressly agree that the Operator offers this third-party verification service as a convenience for the Users and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. The Operator is entitled to request the Member to submit evidentiary materials for verification purposes anytime as the Operator deems is necessary.
The Operator reserved right to reject, remove or suspend any of the account of the Member based on the information provided by the third party verification service.
Article 5 - Conduct of the Member
The Member shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to the Website, including Member’s business profile, the posting of the services request (“Request”), the posting of the quotation (“Quotation”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Provider, or the Customer (“Reviews”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
• misrepresents the source of anything posted, including impersonation of another individual or entity or any false or inaccurate information for any Service Provider;
• Post inappropriate content or products in the Website;
• Violate any laws, third party rights, or Policies;
• May undermine the Review or ratings systems;
• invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
• contains falsehoods or misrepresentations that could damage the Operator or any third party;
• is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
• is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless the Member is the owner of such rights or have permission from the rightful owner to post the material;
• is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
• intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on Website or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate an Operator’s employee, agent, manager, host, another user, or any other person though any means;
• advertises or solicits a business not related to or appropriate for the Website (as determined by Operator in its sole discretion);
• contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
• contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
• distributes or contains viruses or any other technologies that may harm the Operator, or the interests or property of Website Users;
• irrelevant content.
While using the Xpertbee Services, the Member shall not:
• Transfer and/or assign his Account to another party without the Operator consent;
• Distribute viruses or any other technologies that may harm the Website, or the interests or property of Users of the Website;
• post content in any inappropriate category or areas on the Website;
• Copy, modify, distribute the contents and/or the Operator copyrights and trademarks from the Website;
• Harvest or otherwise collect information about Users, including but not limited to email addresses, for personal use or conduct any dealing or transaction by passing the Operator.
• fail to deliver payment for Services purchased, unless the Service Provider has materially changed the description of the Service description after negotiated an agreement for such Service, or the Member cannot authenticate the Service Provider’s identity;
• fail to perform Services, unless the Customer fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, or the Member cannot authenticate the Customer’s identity; manipulate the price of any Service;
• circumvent or manipulate the Operator’s fee structure, or fees owed to the Operator; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any User); and
• take any action that may undermine the Review or ratings systems.
As a User of the Xpertbee Services, the User agreed to use careful, prudent, and good judgment when leaving Reviews for another Users.
The following actions constitute inappropriate uses of Review: (a) threatening to leave negative or impartial Review for another User unless that User provides Services not included in the original agreement or not agreed to as part of the Service to be provided; and (b) leaving Review in order to make the Service Provider or Service User appear better than he or she actually is or was.
The foregoing lists of prohibitions provide examples and shall not be treasured as a complete or exclusive list.
The Operator reserves the right to (a) terminate the Member’s access to his Account, ability to post on this Website and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Operator determines is inappropriate or disruptive to this Website or to any other User of Xpertbee Services and/or Services.
The Operator may report to law enforcement authorities any actions that may be illegal, and any report it received of such conduct. When legally required or at the Operator’s discretion, the Operator will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
The Website is merely a platform for the Users to source their request for their desirous Services and/or to provide the Service to the Customer. The Operator shall not be liable for any postings submitted by the Users and shall not be responsible to monitor, or to remove any impropriate postings on the Websites.
Any User may contact the Xpertbee service team regarding any inappropriate conduct of the Member via-email at firstname.lastname@example.org or at phone call at +6011-55090527.
Article 6 - Rules for Service Provider
a) use any techniques to avoid or circumvent Xpertbee Commission and Service Fees, eg. to provide the contact number or website link to the Services Users through Website in order for the Services User to contact the Service Provider directly;
b) to promote Services not offered on or through the Website and/or prohibited Services;
c) submit the Quotation which he is not able to commit;
d) charge the Customer with the price that is different from the price agreed on the Website unless the Services provided are significantly different from the Services agreed to provide for; and
e) fail to perform the Services after accepting the offer from the Customer;
f) use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content.
Article 7 - Rules for Service Users or Customers
Service users shall not take any of the following actions:
a) fail to pay after commit to purchase or after the Services provided;
b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of purchase of the Services; and
c) provide any contact details or links through the Website to the Services Provider with the intention to by passing the Xpertbee Services to obtain the Services from the Service Provider.
Article 8 - Sanctions for Violating any of the Rules
In the event the Service Provider with the intention to circumvent the Commission and Service Fees structure of the Website and/or to bypass the Operator in order for the Customer to directly contact with them, by providing or revealing the Service Provider’s contact number, email, website link, address or any other contact details though his Postings to the Customer, the Operator may in his sole discretion to assume that the Customer has agreed to accept the Service Provider’s Offer so that to make the Service Provider’s profile visible to the Customer and the Commission and Service Fees shall be charged on the Service Provider.
Article 9 – Credit
Signing up as a Member is free. However, in order for the Service Provider to fully utilise the Xpertbee Services, the Services Provider shall maintain certain amount of credit on the Website. For examples, the Services Provider shall (1) maintain a Credit sum not less than 10% of the total sum of his Quotation submitted to the Customer upon the submission and (2) 10 % of the total sum of his submitted Quotation upon the acceptance of the offer from the Customer Any Member may purchase the Credit with the Operator any time after signing up as a Member. The Credit sum shall be calculated at the rate of 1 Credit unit equivalent to One Ringgit Malaysia (RM1-00).
The Operator hereby expressly reserved the right to adjust the rate of the Credit at any time as the Operator deems fits and suitable.
Article 10 - Commission and Service Fees
In order to provide smooth Xpertbee Services and to ensure the best User experience on the Website, the Operator will charge Commission and Service Fees for certain Xpertbee Services of which the Operator shall have the sole discretion to determine which Xpertbee Services is chargeable and on what rate the said Services should be charged.
For the time being, the following are the Commission and Service Fees chargeable by the Operator:-
1. Commission of a sum equivalent to 10% of the total Quotation agreed between the Service Provider and the Customer upon the acceptance of the offer by the Service Provider;
2. One (1) Credit for each quotation submitted by the Service Provider; and
3. Any other Commission and Service Fees to be determined by the Operator from time to time
The Service Provider hereby acknowledge and consent that the Operator has the right to directly charge the Commission and Service Fees by deducing the Service Provider’s Credit and understand that Commission and Service Fees are non-refundable unless expressly stated otherwise in this Agreement.
Article 11 – Refund of the Commission and Service Fees
The Commission and Service Fees to be charged by the Operator is non-refundable. However, with no obligation from the Operator to accept the refund request, the Service Provider may still make the refund request to the Service Team of the Operator.
After receiving the request from Member, the Operator will confirm the situation and might request for evidential documents or proof for the basis of such request. If the Member are requesting for the refund of the Commission and Service Fees due to a good reason, i.e. the Customer has eventually cancelled the purchase of the Service after the acceptance of offer, the Operator may at his sole discretion deems fits proceed to the refund of the Commission and Service Fees to the Member.
Article 12 - Intellectual Property Rights
Members shall ensure that all Submitted Contents including without limitation information, specifications, photographs, services and/or products as supplied or provided by Member on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties.
Members shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Members’ use of Intellectual Property Rights on the Website the Operator may at its sole discretion without notice to the Member take down the listing, information, specification and / or photograph complained of and suspend Account of the Member until such time the Operator at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid.
Members shall indemnify and hold harmless the Operator from all actions, claims and demands which may be instituted or made against the Members arising from the Member’s use of Intellectual Property Rights or violation of any applicable intellectual property laws Member has received claims from third party that their postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Members shall to the extent possible exempt, indemnify and not involve the Operator and the Website from and in such claims.
Members shall notify the Operator as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Operator, and / or the Website arising from the Member’s use of any Intellectual Property Rights must shall be fully compensated by the Member.
Article 13 – Member Warranties and Representation
Member represent and warrant that Member owns or otherwise control all of the rights to the corresponding contents posted by themselves in the Website and that the content is accurate. Member further warrant that the postings of the products or services, and the products or services sold are in compliance with all applicable Malaysian laws. Member shall upon request by the Operator immediately furnish evidence, such as a copy of the relevant certificate or licence issued under Malaysian laws, upon request that he has complied with the relevant legal requirements.
If the Member violates any of its warranty as-provided in this Article and / or other Policies as determined by the Operator, the Operator has the right to terminate or suspend the Member’s Account immediately without notice to Member, and to remove all kind of Posting and Submitted Content with regards to Member.
Members shall indemnify the Operator for all claims, costs and losses incurred by the Operator resulting from content submitted by the Members.
The Member hereby authorize Operator to verify the Member’s representations and warranties herein, and the Member acknowledge that the Operator reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
Article 14 – Confidentiality
Article 15 - Privacy Protection
The Operator views protection of User privacy as a very important community principle. User information is stored and processed on computers protected by physical as well as technological security devices.
The Operator do not sell or lease-out Member personal information to third parties for marketing or business purposes without consent from the Members. Usage of Member information will be limited to purposes as described in this Agreement and other Policies as determined by the Operator.
Members can access and modify the information-provided to the Operator and choose not to receive on certain communications by signing-in to Member's account in the Website. If Member objects to your information being transferred or used in the way stated in this Agreement, please do not use the Website and other services offered by the Operator. For the avoidance of doubt, if the Operator having reasonable grounds to believe that any User is in breach of any of the terms of this Agreement and / or other Policies as determined by the Operator, the Operator reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private Investigators, all the rightful owner (s ) or interest holder (s) and / or Injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
Further, the Operator may disclose the User's identity and contact information, or reviews such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and / or any Injured third party or as a result of a subpoena or other legal action, or if the Operator is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. The Operatorshall not be liable for damages or results arising from such disclosure, and the User agrees not to bring an action or claim against the Operator for such disclosure.
The Operator is entitled to amend the terms of this Agreement when the Operator deems fit and reasonable, so long as such amendment does not violate the related laws. In the event this Agreement is amended, the Operatorshall notify of such amendment (including the effective date of such amendment and/or the reason for amendment) through its Website prior to the effective date of such amendment.
Article 17 – Termination of Membership
The Membership of a Member might be terminated by the Operator in any of following events:
i. If the Member shall be in breach of any of the terms and conditions of this Agreement and / or Policies and fails to remedy the same within 30 calendar days of being required by the Operator;
ii. If the Member is declared insolvent, enters into receivership or liquidation whether amicable or judicial, wounding-up voluntarily, makes a composition with its creditors or is in any similar situation; or
iii. If the Member negligently or willfully does anything that is materially harmful to the goodwill or reputation of the Operator.
Upon the termination of the Membership by the Operator, the Member’s remaining Credit (if any) shall be forfeited absolutely by the Operator.
Article 18 – Governing Law and Jurisdiction
Any disputes arising between the Operator and the Users and any sales transaction between Members shall be governed by the laws of Malaysia and the Malaysian court shall be the competent court of the first instance for any litigation arising from the disputes.
Article 19 - Limitation of Liability
Users agrees that the Operator in no event shall be responsible or liable for the followings:-
i. unauthorized access to or alteration of their transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website.;
ii. any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights by the Users;
iii. any content sent using the communication services and / or included in this site by any Users;
iv. any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement of the Services, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability, out of or in arising connection with the use of, inability or to use this website, whether or not the Operator has been advised of the possibility of such damages.
The Users acknowledge that the Website is merely a platform for the Users to source their requested Services and/or to provide the Service to the Customer. The Operatorshall not be liable for any postings submitted by the Users and shall not be responsible to monitor, or to remove any impropriate postings on the Websites
Article 20 – Release
If a User has disputes with other one or more Users, the Users hereby release the Operator, and his officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Article 21 – Indemnity
Article 22 – Miscellaneous
Article 23 – No Warranties
Users shall not hold the Operator responsible for other Users' content, actions or inactions, Services or product listed by Users.
Users acknowledge that the Operator and the Website provide an electronic platform for the Users to carry out transactions between the Services Provider and their Customer. The Operator is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient services on the Website. The Operator and the Website are not involved in the actual transaction between the Members.
The Operator and the Website have no control over and do not guarantee the quality, safety or legality of Services and products listed, the truth or accuracy of Users' content or listings, the ability of the Service Provider to provide Services or sell products to the Member, the ability of Customer to pay for Services and the products, or that a Service Provider and a Customer will actually complete a transaction.
The Operator cannot guarantee continuous or secured access to Xpertbee Services, and operation of the Site may be interfered with by numerous factors outside of the Operator control. Accordingly, to the extent that is legally permitted, the Operator is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of the use of the Website.
The Operator has the right but not the obligation to monitor and edit any activity or content. The Operator takes no responsibility and assumes no liability for any content posted by Member or any third party.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR FROM A LINKED SITE OBTAINED PROVIDED TO THE USER IS "AS IS" BASIS WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE OPERATOR HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE OPERATOR ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE OPERATOR T BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT THE USER'S OWN RISK.