Commercial Terms

These terms (the “Commercial Terms”) apply to access or use of the Products, offered to and supplied by Nextbeu Sdn Bhd, including the Nextbeu directory listings, for any business or commercial purpose, unless expressly stated otherwise. This includes, but is not limited to, buying ads, selling products, developing apps, managing a group or Page for a business, or using our measurement services.
Any party agreeing to use any paid products offered by Nextbeu Sdn Bhd is bound these Commercial Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms. These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.
By agreeing on the use of paid services offered by Nextbeu Sdn Bhd, you shall grant us a license to use any content that is covered by your personal and/or intellectual property rights (like photos or videos) you share, post, or upload on or in connection with our Products. That license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you).

You also ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within the Products.
All payments made are strictly not refundable. You represent that you have obtained independent legal advice prior to making any payment to us. Listings are solely on the discretion of Nextbeu Sdn Bhd. Nextbeu Sdn Bhd may choose not to list should it be not viable for Nextbeu to do so. All listings and postings may be taken down from the Product upon the expiry of any duration purchased.
You represent and warrant that your access or use of the Products for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required.

In addition to and without limitations, you may not access or use the Products if you are prohibited from receiving products, services, or software under applicable laws or if you are located in a country that is subject to embargo under the laws of the Malaysia. You further agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

Our aggregate liability arising out of or relating to any access or use of the the Products for business or commercial purposes, shall not exceed the greater of one hundred Malaysian Ringgit (RM100) or the amount you have paid us in the past twelve months, whichever is lower.
If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on Facebook or other The Products or your use of any The Products, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
All advise given and usage the Products by you shall conform to the professional standards required as a practitioner of aesthetic medicine and you henceforth agree that all advice, discussion and posting made by you shall conform to the standards and guidelines set by the Malaysian Medical Council, the Academy of Medicine Malaysia, the Academy of Family Physicians Malaysia, College of Dental Specialists, the Malaysian Medical Association, the Malaysian Dental Council, Malaysian Association of Plastic, Aesthetic and Craniomaxillofacial Surgeons (MAPACS), Malaysian Dermatological Society (Persatuan Dermatologi Malaysia), Society of Anti-Aging, Aesthetic and Regenerative Medicine Malaysia (SAAARMM), Malaysian Association of Aesthetic Dentistry (MAAD), Malaysian Society of Aesthetic Medicine (MSAM), and the Federation of Private Medical Practice. You shall also undertake to adhere to the Guidelines on Aesthetic Medical Practice for Registered Medical Practitioners. Any advice or recommendation given shall be by you as a professional and at no juncture Nextbeu shall be made responsible for the same.
You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the Products for business or commercial purposes must be resolved exclusively by the Courts of Malaya at Kuala Lumpur, that you submit to the personal jurisdiction of these courts for the purpose of litigating any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the Products, including but not limited to claims relating to violations of personal or intellectual property rights, and that the laws of the Malaysia will govern these Commercial Terms and any such claim, without regard to conflict of law provisions.

You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties.
If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect
If there is a conflict between the Commercial Terms and our terms and conditions for use, the Commercial Terms shall govern with respect to your access and use of the Products for business or commercial purposes to the extent of the conflict.

Supplemental terms and policies may also apply to your use of certain Products. To the extent those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of those Products to the extent of the conflict.
These Commercial Terms, and other applicable terms, including the Terms and Conditions for use make up the entire agreement between the parties regarding access or use of the Products for any business or commercial purpose, and supersede any prior agreements. If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.
Any failure by us to enforce any of these Commercial Terms shall not be considered a waiver. All amendment to or waiver of these Commercial Terms must not be effective unless made in writing and signed by us. All rights or obligations under these Commercial Terms shall not be transferable without our consent.
These Commercial Terms do not confer any third party beneficiary rights.
You consent the disclosure of your content and posts and all information associated with such content your advertising, including information associated with the delivery of that content, in response to valid legal process related to an electoral matter or to a governmental entity or body. All rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We reserve all rights not expressly granted to you.

 

Last Updated: August, 2020

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