By using this web site, YOU agree to participate in the
ODR MALAYSIA (odrworld.com) online dispute resolution system
subject to the following Terms and Conditions that YOU have
read and fully understood:
1. The 1st Party is the party initiating settlement using
ODR MALAYSIA. The 2nd Party is the party that participates
in ODR MALAYSIA after notification of the 1st party’s
request to use ODR MALAYSIA.
2. YOU acknowledge and agree that YOU have reviewed the
odrworld.com Web site, have read and understood the entire
contents of the services and the procedures of the respective
services.
3. These details about YOU will be asked which you agree
to furnish in good faith:
Name, address,
telephone number and email address.
A brief
account of the dispute or issue and what YOU seek to achieve
including any monetary claim if any.
4. Assisted Negotiation
By using this service YOU acknowledge and agree that YOU
can use the web communications for a period of 14 days after
which the password and login name automatically expires.
Communications between YOU and the other party are strictly
between both of you. YOU will not hold ODR MALAYSIA responsible
for any of the communications. You will be polite and refrain
from using any obscene, indecent or vulgar language. YOU
will have the best interests of negotiation in mind while
using this service. Parties on their own accord will correspond
with each other as to when to web communicate. ODR MALAYSIA
only provides the web communications page and no other service.
Extension may be requested by YOU after the 14 day period.
New Payment will be made by YOU for every extension sought.
5. Automated Negotiation
By using this service YOU acknowledge and agree that bids
(offer and demand) may not match within the 30 day period,
number of attempts being irrelevant. Bids will only match
if they fall under the algorithm designed by ODR WORLD for
this service. If bids do not match, parties may submit any
number of offer and demand bids within a 30 day period.
The parties choose a range for their respective offers and
demands. This range signifies the parties willingness to
settle within that given range. The range varies from 5%-100%
for the party making the offer and 1%-100% for the party
making the demand. If the bids do not match, parties are
informed as such and are asked to place another bid. This
continues till bids match or the 30 day period cease, which
ever comes first. The Offers and Demands submitted are always
confidential and are never revealed to the opposing side.
The bids entered into the system shall not be discoverable
by you or the opposing party in any legal proceeding. It
is agreed by YOU that YOU will make every endeavor at fair
play and post reasonable and fair bids. YOU will always
have the best interests of the case in mind and will work
towards settlement and act accordingly. Settlement amount
is not binding.
6. Mediation
By using this service YOU acknowledge and agree that this
service is available to YOU for a period of 14 days within
which you will try your best to reach a settlement. After
the 14 days, the case, login name and password for web communications
expires. Extension may be requested by YOU after the 14
day period. New Payment will be made by YOU for every extension
sought. It is agreed by YOU that YOU will act in good faith,
be polite and co-operative in the entire process and refrain
from using any obscene, indecent or vulgar language. If
you fail to act in the above mentioned manner, the Mediator
and in turn ODR MALAYSIA has the right to terminate the process.
You will always have the best interests of the case and
will strive towards settlement and act accordingly. The
Mediator will not be held responsible for anything, what
so ever. No action may be brought against him or ODR MALAYSIA
related to the case. The Mediator or ODRWORLD may not be
asked to divulge any matter regarding the case in any legal
proceedings and may not be called to give evidence. YOU
acknowledge and agree that there is no guarantee of settlement.
YOU have willingly submitted to this process and agree that
YOU may or may not reach a settlement and if you do not,
YOU will not hold the Mediator or ODR MALAYSIA responsible.
The role of the Mediator is to act as the intermediary between
YOU and the other party, to assist YOU and the other party
to concentrate on the facts, important issues, ease matters
and help YOU reconcile. Settlement and what you seek to
achieve is entirely left up to YOU and the other party.
The Mediator will not impose a decision. Settlement is not
binding.
7. Conflict Resolution
By using this service YOU acknowledge and agree that this
service is available to YOU for a period of 14 days within
which you will try your best to reach a settlement. After
the 14 days the case, login name and password for web communications
expires. Extension may be requested by YOU after the 14
day period. New Payment will be made by YOU for every extension
sought. It is agreed by YOU, that YOU will act in good faith,
be polite and co-operative in the entire process and refrain
from using any obscene, indecent or vulgar language. If
YOU fail to act in the above mentioned manner, the Mediator
and in turn ODR MALAYSIA has the right to terminate the process.
YOU will always have the best interests of the case and
will strive towards settlement and act accordingly. The
Mediator will not be held responsible for anything, what
so ever. No action may be brought against him or ODR MALAYSIA
related to the case. The Mediator or ODRWORLD may not be
asked to divulge any matter regarding the case in any legal
proceedings and may not be called to give evidence. YOU
acknowledge and agree that there is no guarantee of settlement.
YOU have willingly submitted to this process and agree that
YOU may or may not reach a settlement and if YOU do not,
you will not hold the Mediator or ODR MALAYSIA responsible.
The Mediator is given the right by YOU and the other party
to impose a decision upon YOU and the other party. This
decision is not binding.
8. YOU agree to pay the fees for ODR MALAYSIA services before
proceeding with the service. When YOU click the “Paypal”
button on the ODR MALAYSIA/ODR WORLD payment page, YOU will be taken
to the Paypal page where YOU will furnish your Paypal account
details for payment purposes. Once payment has been approved
by Paypal, YOU will be reverted back to ODR MALAYSIA/ODR WORLD to continue.
If YOU wish to make payment via any other mode other than
Paypal YOU will check the “Offline Payment”
box on the payment page. Once payment has been approved,
YOU will be informed to proceed.
9. If payment via Paypal or Offline payment cannot be processed
for what ever the reason may be, YOU acknowledge and agree
that ODR MALAYSIA is not responsible and that ODR MALAYSIA service
will not be made available to YOU.
10. ODR MALAYSIA reserves the right to change the Fees at any
time without any prior notice.
11. YOU acknowledge and agree that when YOU click the Paypal
button, YOU are leaving the ODR MALAYSIA domain and entering
the domain of Paypal. You will be bound by Paypal terms
and conditions. You acknowledge and agree that what information
you enter at the Paypal site is between YOU and Paypal.
YOU will not hold ODR MALAYSIA responsible for any transactions
done between YOU and Paypal.
12. In the event of Both Parties paying for the service,
if any of the parties fail to make payment, YOU acknowledge
and agree that ODR MALAYSIA is not responsible for the other
party’s fault.
13. YOU acknowledge and agree that ODR MALAYSIA reserves the
right, in its discretion not to provide Services for certain
types of issues/disputes for which ODR MALAYSIA Neutrals do
not possess an adequate level of expertise or for any other
reason deemed fit by ODR MALAYSIA.
14. YOU acknowledge and agree that any services of ODR MALAYSIA
may be terminated at any time with due notice.
15. YOU acknowledge and agree that YOU will co-operate
and respond to all communications sent to YOU either by
email or via web communications.
16. YOU will act in good faith at all times and will provide
only true and accurate information during the process and
YOU will be solely responsible for the contents of all material
you transmit or communicate using ODR MALAYSIA’s services.
17. YOU and the Other Party are solely responsible for
the creation and/or enforcement of any settlement, agreement,
decision or award.
18. YOU agree not to use ODR MALAYSIA services to file claims
that are without merit or to harass any person, business
or entity.
19. ODR MALAYSIA will not provide legal advice to YOU or the
Other Party.
20. ODR MALAYSIA will not take part in any legal proceedings.
21. There is no guarantee that the Other Party will participate.
22. Your information or case details will not be shared
with any outside source.
23. ODR MALAYSIA does not guarantee a successful resolution
to Your dispute/issue.
24. The method and concept of services herein in ODR MALAYSIA
belongs to ODR MALAYSIA. ODR MALAYSIA has absolute copyright and
other intellectual property rights as deemed and are protected
by these rights. YOU may not reproduce, modify, copy, resell,
distribute or publicly display any of the contents on the
ODR MALAYSIA web site.
25. YOU will be bound by this agreement once you file a
case if you are the 1st party and once you submit the 2nd
party form if you are the 2nd party.
26. ODR MALAYSIA reserves the right to change the terms and
conditions at anytime and also reserves the right to change
the contents, method and process of the web site and the
system without any prior notice.
27. YOU acknowledge and agree that the medium of language
for this service would be the English language.
28. This agreement represents parties’ full and complete
understanding and may not be orally modified.
29. ODR MALAYSIA makes no representations whatsoever about
any other Web site which you may access or link through
this one. When YOU access a non-ODR MALAYSIA web site YOU acknowledge
and agree that it is entirely independent from ODR MALAYSIA
and that YOU will be bound by the other web site’s
terms and conditions.
30. In no event will ODR MALAYSIA be responsible for any damages
or any transactions occurred as a result of a link web site.
31. YOU agree not to violate any of the terms stated herein.