Terms of Use

Hifinear Terms of Use

Welcome to Hifinear (“Hifinear”). The Hifinear website is provided to you by Esports Asia Sdn Bhd (“Tedsis”), located at 10-6-5, Queen’s Avenue, Jalan Bayam, 55100 Kuala Lumpur, Malaysia. By accessing Hifinear, you agree to the provisions outlined in this legally binding Terms of Use (“TOU”) agreement. This policy is effective as of July 01, 2022.
 

Using Hifinear

1. SCOPE OF AGREEMENT

1. 1. The usage of Hifinear is bound by the TOU set by Tedsis. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.

2. OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES

1. 1. The Hifinear website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Hifinear, as well as any consequences that arise from doing so.

2. 2. Tedsis is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
       
3. USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)

1. 1. The usage of Tedsis’s services is essentially available for everyone. A user registers on Hifinear by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Tedsis of any changes to their account information.

1. 2. The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Tedsis reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Tedsis, as stated in clause 4.3.

1. 3. An entry on Hifinear, referring to a classified ad, can only materialize/be published online via the following methods:
      • Tedsis confirms the entry through an email, or
      • Tedsis implements the entry and publishes it online.

1. 4. Tedsis reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Tedsis is used for unsuitable purposes.

1. 5. Tedsis reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.

4. ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION

1. 1. The user is legally and solely responsible for the content of the advertisement(s) placed on the Hifinear website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. Tedsis reserves the right to move advertisements to a more appropriate category. The user is obliged to comply with the Hifinear TOU and is expected to adhere to these terms when interacting with other Hifinear users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.

1. 2. The user is not allowed to post content on the Hifinear website that breaches this agreement, applicable rights and/or third-party rights.
      
      Prohibitions for the Hifinear user include:
      • Violating the law or going against the Posting Rules.
      • Conducting business in a dishonest and/or deceptive manner. This includes coordinating or working with other sites or accounts conducting such business.
      • Spreading of deceitful information or manipulated media related to politics, social issues, or matters of public concern.
      • Violating the rights of the third party.
      • Spamming and posting chain letters.
      • Using virus(es) and other technical items that may cause damage to Hifinear or the interest of the users of Hifinear.
      • Causing excessive burden on the Hifinear infrastructure and the smooth-running operations of the Hifinear website.
      • Copying, duplicating, modifying or distributing the content of other advertisements.
      • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user.
      • Bypassing measures that serve to limit and/or prevent access to Hifinear.
      • Sexual exploitation or abuse of persons.
      • Content that is abusive, libellous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Tedsis’s reasonable discretion.

1. 3. Tedsis has the right to modify the fees for Premium Features due to spam posting behaviour. Spam posting includes ads that:
      • Violate our Posting Rules.
      • Repeatedly use the same picture.
      • Do not contain at least 8 words.
      • Are posted in multiple cities.
      • Are posted more than once with the same or similar content (especially in short periods of time).
      • Are posted in large amounts (especially in short periods of time).
      • Are intentionally posted in the wrong category.
      • Are written in an unsupported language.
      • Messages that repeatedly use the same or similar content (especially if messages are copied/pasted in short periods of time).

1. 4. Tedsis believes that two consenting adults are free to act as they wish, so long as they abide by the law. Tedsis does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that Tedsis answers requests from third parties, including law enforcement, where required and Tedsis will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.

1. 5. Tedsis has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content (refer to 4.2). Tedsis also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Tedsis gives due respect to the legitimate interest of the user. Users’ claims, e.g., for reimbursement for already paid items/services will not be honoured when the Prohibited Content Policy is breached.

5. INDEMNIFICATION/EXEMPTIONS
    
   1. You agree to indemnify and hold Hifinear, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of Hifinear or any Internet site linked to or from Tedsis, or in connection with the transmission of any Content on Hifinear. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify Tedsis.

6. DUES/FEES
    
   1. The usage of the Hifinear website is essentially free of charge. However, Tedsis reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.

1. 2. All fees shall be reflected and charged in the respective currency for each country. Tedsis reserves the right to charge in other currencies for technical reasons.

1. 3. Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Tedsis.

1. 4. In the event of delayed payments for these services, Tedsis reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.

1. 5. Tedsis reserves the right to change/modify the fees for services associated with premium features on the website without prior notice.

7. ADVERTISEMENTS WITH PREMIUM FEATURES
    
   1. Hifinear users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Tedsis does not reimburse the user for any portion of a discounted premium feature/service.

8. PREMIUM ACCOUNTS / VIP MEMBERSHIPS

1. 1. In addition to the free Hifinear account, users have the option to purchase a Premium Account, and some are invited to purchase a VIP Membership. The user can then select from multiple plan durations. Upon the deletion of an account or membership before its selected duration has passed, the remainder of the duration is forfeited. The amount already charged will not be reimbursed.

1. 2. If the user opts for the automatic renewal (for example, of a Premium Account or VIP membership), the duration will automatically renew according to the originally selected duration. Promotions, such as free added months to the duration by purchasing within a particular period of time, are not carried over upon automatic renewal.

9. USING WALLET

1. 1. All funds uploaded to a user’s Wallet shall be non-refundable.

1. 2. Any funds remaining in a user’s Wallet 90 or more days after the last purchase or transaction shall become inactive. Users can reactivate these funds by clicking on the “Activate my balance” button on the “My Wallet” page.

1. 3. Upon funds becoming inactive, users shall have 365 days to reactivate the funds, after which the inactive funds shall expire. The user shall not be able to use or access those funds once they have expired. Tedsis informs users about expiring funds in Wallet prior to the date of expiration via email notification.

1. 4. Tedsis reserves the right to change/modify the conditions associated with Wallet without prior notice.

10. PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY TEDSIS
     
    1. Tedsis reserves the right to republish advertisement(s) on Hifinear and on other websites owned by Tedsis.

11. MODIFICATION OF ADVERTISEMENT CONTENT
     
    1. The Hifinear user may at any time modify or delete their advertisement.

1. 2. The Hifinear user has the right to demand the removal or deletion of the user’s own ads from the website. Tedsis shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 48 hours.

12. DATA PROTECTION
     
    1. Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove yourself completely from Hifinear please contact us here.

13. LIABILITY LIMITATIONS
     
    1. The user agrees not to hold Tedsis responsible for things other users post or do. As most of the content on Hifinear comes from other users, Tedsis does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Tedsis’s services cannot be guaranteed. To the extent legally permitted Tedsis expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Tedsis is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Hifinear website, even if Tedsis has been advised or could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.

1. 2. Despite the previous paragraph, if Tedsis is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Tedsis in the 12 months prior to the action giving rise to liability, or (b) 100 MYR.

14. MISCELLANEOUS
     
    1. The transfer of rights and obligations of Hifinear users to third parties requires the approval of Tedsis.
    2. The disclosure of login details and passwords to third parties, including Hifinear users, is prohibited.
    3. If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Kuala Lumpur, Malaysia.
    4. Tedsis may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to www.hifinear.com, then we recommend the immediate disuse of Hifinear.
    5. The legal relationship between Tedsis and the Hifinear user shall be construed in accordance with the Laws of Malaysia and the Parties agree to submit to the exclusive jurisdiction of Malaysian courts.

Questions, remarks and complaints may be sent to us through our contact form.