TERMS OF SERVICE

In addition and supplemental to the Terms of Use and the Privacy Policy, these Terms of Service contain the terms and conditions that govern the User’s access to and use of the services and products of the Site available only to registered users through a particular account (hereinafter referred to as the “Purchaser” and/or “Vendor”) to which (i) the Vendor shall be permitted to publish and offer products and services (automotive-related products or such goods which are allowed by the Company) and (ii) the Purchaser shall have access to such offers and purchase such products directly from the Vendor (hereinafter referred to as the “Services”). The defined terms in the Terms of Use and the Privacy Policy shall mean the same herein as the context shall permit.

The Terms of Use, the Privacy Policy and the other terms and conditions presented to the User upon registration (where applicable) shall form an agreement (hereinafter the “Agreement”) between the User (which shall include both the Purchaser and the Vendor) and the legal entities the User represents (hereinafter “the User”) and the Company. By registering for or using the Services, the User (on behalf of the User or the legal entities the User represents) agrees to be bound by the Terms of Service. In the event of any inconsistency between the Terms of Service and the Terms of Use, the former shall prevail.

  • Services
    • The Company acts as an intermediary in the name and on behalf of both the Vendor and the Purchaser in provision of the Services. The Company does not have control in the terms and conditions of the sale and purchase of the Services between the Vendor and the Purchaser or their payment and factoring processes.
    • The User shall register as a registered user on the Site and the use of the Services shall be deemed to have been conducted with the User’s full and informed knowledge and the User shall be further deemed to have conducted its own due diligence.
    • The Company shall be entitled to request the personal data of the User in order to fulfil the Company’s legal, regulatory or contractual obligations. The User hereby consents to the personal data being collected, stored and used and any failure to provide the requested data shall be deemed to be a material breach of the Agreement and would allow the Company to suspend, terminate the Agreement or to do such other action which the Company deems fit.
    • The Company may introduce new services and/ or new products through the Site at any time. By utilising such new services and/ or product as and when such new services and/ or products become available, the User agrees to be bound by the terms and conditions as the Company may prescribe governing each such new services and/ or products.
    • The Company retains the absolute right to make changes to the Services from time to time and may discontinue the Services for any technical or legal reason at any time.
    • At the Company’s sole discretion, the Company may suspend the provision of the Services at any time if required to comply with any applicable law or the User has infringed any terms and conditions stated herein without any further liability to the Company.
  • Fees
    • The Company shall be entitled to charge subscription fees to the User for certain category of subscription which the Company may determine and inform the User and the User agrees that the access and use of the Services is contingent upon payment of subscription fees.
    • The Company retains the right to determine the amount of such fees based on the category of subscription which shall be invoiced to the User. The User agrees that the subscription fees are not refundable unless otherwise agreed by both parties. In the event of any delay or default in payment, the Company may charge the User with the interest at the rate of eight percent (8%) per annum calculated on a daily basis (or to the highest rate legally permitted) commencing from the date the payment is date until full settlement of the same, including the interest and the User shall indemnify the Company for all reasonable cost, fees, expenses and damages (including on a legal fees) incurred by the Company in enforcing its legal rights.
    • The Company’s invoice to the User as to the amount due and payable to the Company shall, save for manifest error, be conclusive evidence that such amount is in fact due and payable and binding on the parties hereto for all purposes, including legal proceedings. The User is advised to check the invoice to ensure all payments made by the User have been received by the Company and provided for in the invoice. The Client should notify the Company within the time period stated in the invoice upon receipt of the invoice in the event of any discrepancies, failing which the contents of the invoice shall be deemed as true and correct and the User shall pay the said payments on or before the due date which in any event shall be not later than seven (7) days from the date of the invoice. The User is solely responsible for any taxes, and the User shall pay the Company for the Services without any reduction for taxes.
    • Any subscription by the User is subject to auto-renewal for consecutive renewal terms relevant to the subscription unless the User unsubscribes at any time by providing the Company with prior written notice of the User’s decision not to renew at least ninety (90) days prior to the termination date. Notwithstanding anything stated herein, Company may revise the Company’s subscription rates at any time by prior written notice.
    • Payment for the subscription fees are to be made by way of telegraphic transfer or by way of electronic fund transfer in the manner as may be notified to the User by the Company. The User understands that all payments made shall only be deemed received by the Company from the User when the Company has issued a notification and/ or system generated statement to the User for the same. The User also understands that it is the User’s responsibility to insist on the issuance of the Company’s receipt acknowledgement and that the Company shall not be held liable or responsible for the User’s failure to obtain the notification or system generated statement.
  • Pricing, Orders, Acceptance and Delivery
    • The prices of the products and services displayed on the Site which are provided by the Vendor and the prices on the Site at the time of placement of the order by the Purchaser shall be honoured by the Purchaser and the Vendor save and except in the case of errors. In the event of error, the Company reserves the right to rectify such prices as soon as practicable and the Company will inform the User of the aforementioned error whereby the User shall have the option to either reconfirm or cancel the order and if the Company is unable to contact the User, the Company shall treat the order as cancelled without any further liability to the Company.
    • Unless otherwise agreed by the Company, the Company generally accepts payments made by Visa, MasterCard, online payment and bank transfers.
      • online banking;
  • by choosing this payment method, the User shall transfer the transaction to an account designated by the Company (including any applicable taxes).
  • the transaction shall be payable in Ringgit Malaysia.
  • the Company may refuse this payment option service to the User for any reason at any time.
      • credit / debit card;
  • the Company accepts Visa and MasterCard’s credit / debit cards which may be chargeable with additional fees which shall be borne by the Purchaser.
  • additional charges may be incurred the User is using a non-Malaysian issued card due to foreign exchange rates.
  • the Company may accept instalment payments via credit / debit card issued by instalment payment partner banks.
  • credit / debit card instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
  • in the event of cancellation of the User’s credit / debit card account, any unpaid portion of the price of the relevant transaction shall become immediately due and payable.
      • Such other mode of payments authorised by the Company.
    • The User acknowledges that the Company is entitled and authorised to collect payments from the User on behalf of Vendor or any other third party(ies).Upon receipt of any monies, the Company will provide its payment acknowledgement or payment acceptance notification to the User or the relevant third party(ies) for confirmation of the transaction.
    • If the User shall place an order by using Credit/Debit card and online payment, the User hereby represents and warrants the following:
  • the Credit/Debit card(s), online payment account or PayPal account belongs to the User; or
  • that the User has been duly authorised by the rightful owner of the Credit/Debit card(s), online payment account or PayPal account to make such payment.
    • If the issuer of the card fails or refuses to authorise payment to the Company, the Company will not be liable for any delay or non-delivery. If the User has registered an account on the Site and has saved the User’s card details with the Company, the Company shall use its best endeavour to secure such details but the Company shall not be liable for any loss the User may suffer if any third party procures unauthorised access to any data the User provide when using the Services.
    • Unless otherwise stated herein or agreed upon by the parties, all orders transmitted to and received by the Company through the Site shall be irrevocable and conclusive as against the Purchaser, and the Company shall be entitled to act on such orders (in whole or in part) in accordance with the terms and conditions herein. All transactions executed or done by the Company pursuant to the Purchaser’s orders or instruction shall be binding on the Purchaser.
    • The Company shall not be under any duty to verify the identity of the persons giving those orders/ instructions or the accuracy or truth of such orders/ instructions and the Company shall not be held responsible or liable for any loss whatsoever (direct, indirect, special, consequential) that may result from unauthorized instructions.
    • Notwithstanding the foregoing, upon receipt of the orders/ instructions from the Purchaser, the Company reserves its right not to accept or cancel an order for any reason, at its sole discretion, inter alia, in the following circumstances:
  • The product and/or services ordered is out of stock, or is withdrawn due to its failure to meet the Company’s quality standards or due to the shipping restrictions applicable to one or all of the ordered items;
  • The Company identifies pricing or description error;
  • The Company fails to obtain authorisation for payment;
  • The Company suspects or has reason to believe that the orders/ instructions issued using the User’s user name and/ or password are or have not been duly authorised by the User;
  • The User has not met the eligibility criteria to purchase; or
  • The User breaches the terms of the Agreement.
    • The placement and payment of the order by the Purchaser shall NOT be deemed to constitute an acceptance of the order. The contract between the Purchaser and the Vendor shall be deemed to constitute an acceptance of the order or completed when the Company sends the Purchaser a notification to confirm the goods have been dispatched to the Purchaser.
    • The Vendor agrees to use the Services exclusively for the sale of automotive-related products. In the event that the Vendor shall publish or advertise any other products beyond the ambit of automotive-related products in or through the Site, the prior written consent from the Company shall be obtained. The Vendor agrees that using the Services for any other purposes or use shall constitute a material breach of the Agreement and this shall allow the Company to suspend performance or terminate the Agreement according to the terms stated herein.
    • The Vendor hereby agrees that the Vendor shall be personally and solely responsible for the contents appearing in any of its offers as the well as for the products and/or services sold pursuant to the offer including but not limited to the delivery, conformity, authenticity and warranty of such products and/or services as the well as the related customer and after sales services.
    • The Vendor shall ensure that the services and products sold or are selling are of merchantable quality, in compliance with all the applicable laws and regulations and fit for particular purpose as well as not infringing any rights of third parties.
    • The Vendor hereby represents and warrants to the Company that the Vendor has good title to such goods or items of the Services that the Vendor sells through the Site.
    • The Vendor further agrees that the Vendor shall comply with all the discounts, rebates, promotion, free gifts, concessions and such other marketing arrangements which are agreed with the Company and shall honour the said arrangements.
    • The Vendor and the Purchaser shall not have direct communication and deals with each other save and except (i) with the prior written consent of the Company or (ii) as permitted under the terms and conditions stated herein. The Vendor hereby agrees that in the event that the Purchaser and the Vendor shall directly deal with each other without the involvement of the Company, the Company shall be entitled to such amount of revenue, fees, cost, expenses and such other remuneration which the Company shall be entitled to as if the transaction was performed via this Site without prejudice to any rights of the Company to enforce their its rights against the Purchaser and Vendor pursuant to the terms and conditions stated herein and/or such other equitable rights of available to the Company and the Purchaser and/or the Vendor shall indemnify the Company for any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by the Company.
    • The User (including the Purchaser) hereby releases the Company from any liability resulting from Vendor’s act or omission, including without limitation the following:
  • any product-liability claims;
  • any claim that the Vendor fails to conform to any applicable legal or regulatory requirement; and
  • any claim arising under consumer protection or similar legislation.

And upon occurrence of any of the above event, the Purchaser shall make such claims or take legal action as it thinks fit directly against the Vendor to seek recourse or losses or damages from the Vendor (but not the Company).

    • The Company shall not be liable to the User for any losses or damages (whether direct or indirect) arising from any failure to receive or delay in receiving any order, instruction or communication issued by, for or on behalf of the User nor for any delay, omission, interruption in transmission or wrongful interception of any order or instruction through any equipment or system. The Company, however, will endeavour to resolve any matter or issue arising from the Site and, where applicable, take such action which is consistent with market practice.
  • Intellectual property rights
    • Unless otherwise agreed in writing, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property.
    • The User hereby represents and warrants that the User owns all intellectual property rights in the User’s Contents and the use of the User’s Contents shall not infringe any intellectual property rights of any third parties.
    • The Company shall be duly irrevocably and unconditionally authorised to do the following:
  • display the User’s brand features including those uploaded into the Site and for the purposes of the Services within designated areas of the Site displaying the Services;
  • to state that the User is a customer of the Company and the Company may include the User’s name or brand features in a list of the Company’s customers in online or offline promotional materials.
  • Termination
    • The Company may suspend performance or terminate the Agreement if:
  • The User is in breach of the Agreement; or
  • The User ceases its business operations or becomes subject to insolvency proceedings and the proceedings.
    • Further, Company may suspend performance or terminate the Agreement according to the Terms of Use.
    • If the Agreement terminates or expires, the following shall ensue:
  • The rights granted by the Company to the User will cease immediately unless otherwise provided herein or by consent of the Company;
  • All fees owed by the User to the Company shall be immediately due upon receipt of the final invoice; and
  • The User shall promptly use reasonable efforts to return or destroy any confidential information of the Company.
  • Representations and Warranties
    • The User warrants and represents the following:
  • It has full power and authority to enter into the Agreement, on its own behalf or on the behalf of the legal entity it represents;
  • It shall ensure that the description of the products and services inserted by the User (including the User’s Content) shall be accurate, complete, current or error-free; and
  • It will comply with the Agreement and all laws and regulations applicable to its provision, or use, of the Services, as applicable.
    • The Company does not make any warranty and there are no conditions of any kind, whether express, implied, statutory or otherwise, including without limitation warranties or conditions of merchantability, fitness for a particular use and non-infringement. Neither the Company nor its service providers warrants that operation of the Services will be error-free or uninterrupted.
    • The User acknowledges that the Company provides the services on an “as is” basis only and shall not be deemed to have made any representations about any goods, content or information made accessible by or through the Services. The Company disclaims any and all liability and responsibility arising from any reliance placed on such goods, content or information by any user of the Service, or by anyone who may be informed of any of them.
    • The parties acknowledge that certain jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms of Service, such exclusions and limitations will not apply to the User strictly to the extent necessary to make these Terms of Service consistent with such prohibitions.
  • Limitation of Liability
    • To the maximum extent permitted by relevant legal provisions, the User hereby agrees that the Company does not have any liability arising out of or relating to the Agreement for:
  • the User’s lost revenues, profits or business;
  • indirect, special, incidental or consequential losses or damages (whether or not foreseeable or contemplated by the parties); or
  • exemplary or punitive damages.
    • The Company’s total liability for direct damages arising out of or relating to the Agreement is limited to the amount of subscription fees paid by the User. The User acknowledges the Company role as an intermediary and agrees that the Company shall not be held liable for the following occurrences which are not caused by the Company:
  • death or personal injury resulting from negligence;
  • fraud or fraudulent misrepresentation;
  • infringement of intellectual property rights;
  • the quality or conditions of merchantability, fitness for a particular use of the Services;
  • late delivery of the Services by the Vendor;
  • payment obligations.
    • The User agrees that the Company shall not be held responsible for the products and services appearing on the Site that the Vendor advertises, offers or sells, for the content appearing in any of the advertisements or offers, or from any reliance placed on the content of any advertisement by any user of the Site.
  • Indemnity
    • To the maximum extent permitted by applicable law, the User agrees to defend, indemnify, and hold the Company and its insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by the Company including but not limited to those relating to or arising from:
  • any of the User’s data or brand features; or
  • the User’s use of the Services in violation of the Agreement;
  • the User use, in violation of applicable law, of any personal data the User may have to process.
    • To the maximum extent permitted by applicable law, the Vendor agrees to defend (at the indemnified party’s option), indemnify, and hold the Company and its insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by the Company relating to or arising from any allegation or claim from any individual or entity, including the Purchaser, related to a good sold by the Vendor using the Site.
    • The Company has the right at any time to forego the indemnification and assume the defence of any claim. Notwithstanding the foregoing, it is not the intent of the Company to affect its rights or those of its insurers to assume the defence or settlement of any claim against the Company for which insurance coverage is sought under any applicable insurance policy.
  • Miscellaneous
    • The Company reserves the right to make amendments to the Terms of Service from time to time.
    • When the User uses the Services, the Company needs to collect, use and disclose the User’s personal information (whether previously collected or to be collected), in accordance with and for the purposes identified in the Privacy Policy, as it may be updated from time to time.
    • All references to the Site addresses or URLs will also include any successor or replacement the Site containing substantially similar information as the referenced the Site.
    • Inaction of the Company for the User’s breaches does not constitute a waiver of any rights that the Company may have. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
    • Unless specified otherwise herein, any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with the Agreement:
  • by the Company to the User will be deemed to have been effectively and validly given if sent to the email address the User provided upon subscription to the Services;
  • by the User to the Company will be deemed to have been effectively and validly given only if in writing and delivered or submitted via the email address designated by the Company.
    • The User may not assign or transfer any part of the Agreement without the written consent of the Company and any attempt to transfer or assign is void. The Company has the right at any time to sub-contract all or any of its obligations as it may from time to time decide without giving notice of the same to the Purchaser.
    • The User agrees that no joint venture, partnership, fiduciary, employment or agency relationship exists between the User and the Company because of these Terms of Service.
    • Nothing in the Agreement will limit either party’s ability to seek equitable relief.
    • The Agreement is governed by laws of Malaysia. Any dispute arising out of or relating to the agreement shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
    • Upon expiration or termination of the Agreement and for the period necessary to execute the obligations arising from the Agreement, the relevant clauses intended to survive the termination or expiration of the Agreement shall survive such expiration or termination including clauses on fees, confidentiality intellectual property rights, termination, and indemnity.
    • Neither party will be responsible for a failure to fulfil its obligations under the Agreement or for delay in doing so if such failure or delay is due to circumstances unpredictable and beyond its reasonable control, in accordance with applicable law, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
    • The parties have requested and agree that these Terms of Service and all documents relating thereto be drawn up in English. In the event of any discrepancies between these Terms of Service and any translation of these Terms of Service, this English version shall prevail.
    • In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this Agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.

TERMS OF USE

  • Products and Services
    • DA REN ENTERTAINMENT SDN BHD (Company No. 1359237-U) (hereinafter referred to as “Company”) provides website features and other products and services to you (hereinafter referred to as “User”) when the User visits or shops at www.binnbinn.com (hereinafter referred to as “the Site”) or uses the Company’s services.
    • The Company hereby requests the User to read these Terms of Use to understand the User’s legal rights, remedies and obligations with respect to the Site.
    • If the User:
  • is an individual, the User represents that the User has reaches the age of majority in the jurisdiction in which the User resides, and that the User is in any event at least 18 years old;
  • on behalf of a corporation or other organisation, the User represents that the User shall have the ability to agree to these Terms of Use on behalf of such organisation and all references to “the User” shall include such organisation, jointly and severally with the User personally.
    • The User hereby unconditionally and irrevocably agrees that the User’s access to the Site, and the contents, the products and the services available through the Site shall mean that the User shall have read, understand and agree to be bound by these stated herein. For the avoidance of doubt, “contents” means all materials and contents, including designs, editorials, texts, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, information and/or data.
    • In the event that the User does not agree to be bound by the terms stated herein, the User shall cease to use the Site.
    • The User hereby unconditionally and irrevocably agrees that besides the Terms of Use, the User shall also be bound by the terms and conditions and such other agreements applicable to these services (referred to as “Terms of Service”) and the privacy policy which is stipulated in the Site (hereinafter referred to as “Privacy Policy”).
    • The User further agrees that in the event of any inconsistency between the Terms of Service and the Terms of Use, the former shall prevail.
  • Contents of the Site
    • The Site constitutes a marketplace service between the users and it provides interactive features, including without limitation the following:
  • access to premium and personalised contents;
  • user profiles;
  • product descriptions or dashboards;
  • use of advanced search features;
  • use of collaborative features to communicate with other users; and/or
  • ability to request quotes and to order products.
    • The Company reserves the right to make any amendment to the features and the contents of the Site and to restrict, block, suspend or amend the access of the user to any features and the contents of the Site, in part or in whole, without any need for notification or consultation to the User.
    • The Company hereby states that the Site is made available on an “as is” basis and the Company does not represent or warrant the Site’s functionality or availability and the Company shall not guarantee that it is complete, accurate, or timely nor provide any guarantee regarding any results the User or others may obtain from its use.
    • The Company may allow and/or permit the User to publish contents, comments and communications (hereinafter referred to as “User’s Contents”) subject to the terms stated herein and the Terms of Service and the User shall make such User’s Contents at the User’s own risk.
    • The User further acknowledges that the User’s Contents are not confidential and are not subject to any third party rights and that the User’s Contents are gratuitous, unsolicited and without restriction and that the Company may, although the Company shall not have any obligations whatsoever, to monitor, evaluate, alter or remove User’s Contents before or after they appear on the Site; and the User agrees that the Company has no control over and is not responsible for any use or misuse by any third party of the User’s Contents.
    • If the Company receives a complaint relating to the User’s use of the Site, the Company may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or/and terminate any service involved, and/or remove the User’s Contents from the Company’s servers.
  • The User’s Covenants
    • The User agrees that the Site shall be used for lawful purpose and according to the relevant and applicable laws and shall the User become aware of any infringement of breach by the User or any third party, the User shall notify the Company and shall provide the User’s utmost cooperation to remedy such infringement.
    • The User covenants that the User shall not do the following:
  • Post, transmit or otherwise make available through the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program;
  • Post, transmit, or otherwise make available through the Site any material protected by intellectual property rights any other proprietary right, without the express prior written consent of the applicable owner;
  • Publish false or deceptive information likely to mislead other users;
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful or for any illegal or improper purposes (including for purposes of effecting money-laundering operations);
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of any of the Site; or violate any requirement, procedure or policy of such servers or networks;
  • Restrict or inhibit any other person from using the Site;
  • Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Site to post or transmit any information that the User does not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest;
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorised herein, without the Company’s express prior written consent;
  • Reverse engineer, decompile or disassemble any portion of any of the Site, except where such restriction is expressly prohibited by applicable law;
  • Remove or alter any intellectual property rights or other proprietary rights notice on the Site or content the User accesses through the Site;
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without the Company’s prior written consent;
  • Systematically download and store Site’s content; and/or
  • Use any robot, spider, Site search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site, (b) reproduce or circumvent the navigational structure or presentation of the Site, or (c) harvest or collect information about Users of the Site without the Company’s prior written consent.
  • Registration of User
    • The User may be required to register with the Site to access to certain features available therein (hereinafter referred to as “the Registered User”) and in registering of the same, the User may be required to provide personal information, username and password. The Company reserves the right to accept, reject or cancel the registration at any time.
    • In becoming a Registered User, the User agrees to be solely responsible for the User’s account and further agrees to:
  • Provide true, current, accurate and complete information and shall notify the Company promptly of any changes to the User’s information;
  • Be solely responsible for the User’s Contents;
  • Maintain the confidentiality and security of the User’s account;
  • Cooperate with the Company to stop or remedy any breach of security related to the User’s account; and/or
  • If the User is selling a product or services, the User shall withdraw from the Site any product that would no longer be available and to abide by the law of respective jurisdictions and to discharge the Company
    from any liability in this regard.
  • Termination

The Company reserves the absolute and sole discretion to suspend, restrict or terminate the User’s use of the Site (including the User’s account), effective at such time to be determined absolutely by the Company without notice to the User or any third party(ies), for any reason(s) whatsoever, including but not limited to the User’s breach of any term or condition of these Terms of Use.

  • Intellectual property
    • Except where expressly stated otherwise, all right, title, and interest in and to the Site and all content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Site (collectively, “the Company’s Contents“) shall vest absolutely and solely in the Company.
    • The User shall not be deemed to have been granted any right, title or interest in or to the Company’s Contents and shall not, unless agreed by the Company in writing:
  • Copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Company’s Contents;
  • Remove any proprietary notices or labels on or in the Company’s Contents; or
  • Allow any other person or entity to engage in any of the foregoing.
    • The User represents and warrants that the User has all rights necessary to grant the licenses referred to in these Terms of Use and further represents and warrants that the User’s Contents are:
  • Complete and accurate;
  • Not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.
    • The User unconditionally and irrevocably waives any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User’s Content that the User may have under any applicable law under any legal theory.
    • The User agrees that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting the User’s Contents to the Company or any third party using the Site:
  • The User has thereby granted the Company a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to the User or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
  • The User confirms, represents and warrants to the Company that the User has all rights, titles and interests, as well as the power and authority necessary, to grant the license to the User’s Contents set out above; and
  • The User acknowledges and agrees that the technical processing and transmission of the Site, including the User’s Contents, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that the User’s Contents may be subject to “caching” or other technical processing or transmission policies and procedures by the Company or at intermediate locations on the Internet.
    • In the event the User deactivates the account to which User’s Contents are connected, the User hereby irrevocably and unconditional agrees that the Company shall be entitled to retain a copy or copies of same.
    • The Company is under no obligation to censor or review any of the User’s Contents, to censor or review any Third Party’s Contents (as defined below), or to monitor use of the Site. The Company may, without notice or liability, disclose to third parties any of the User’s information or User’s Contents; monitor use of the Site; and monitor, review, and retain the User’s Contents if the Company believes in good faith that such activity is reasonably necessary to provide the Site to customers, monitor adherence to or enforce these Terms of Use, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.
    • The Site may contain links to websites and other materials made available by third parties (hereinafter collectively referred to as “Third Party’s Contents“). If the User uses such functionality, the User is directing the Company to access, route and transmit to the User the applicable Third Party’s Contents.
    • Third Party’s Contents may be protected by applicable intellectual property or other proprietary rights and laws. Nothing in the User’s use of the Site or these Terms of Use grants the User any right, title or interest in or to the Third Party’s Contents. The Company shall neither control nor endorse, nor is responsible for, any Third Party’s Contents and the Company makes no representations or warranties with respect to them. The availability of any Third Party’s Contents through the Site does not imply the endorsement of, or affiliation with, any provider of such websites or materials. The User’s use of any Third Party’s Contents is at the User’s own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party’s Contents).
    • The User may not use the intellectual property of the Company or of its users, in connection with any product or service that is not of the Company or its users nor in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.
    • The Site may include open source components, which are licensed for use and distribution by the Company under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
  • Disclaimer and Limitations of Liability
    • The Company makes no warranties, expressed or implied, and hereby, to the fullest extent permitted by law, disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
    • Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the contents on the Site or otherwise relating to such contents or on any sites linked to the Site.
    • The Company does not warrant the confidentiality or security of any information transmitted through the internet. In no event shall the Company, its directors, its employees, its agents, its affiliates and/or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, business interruption, loss of profits or loss of monies, whether based in contract, tort, equity, strict liability, statute or otherwise) arising out of the use or inability to use the contents and materials on the Site, even if the Company or a the Company’s authorized representative has been notified orally or in writing of the possibility of such damage.
    • The User agrees that the User is solely responsible for the User’s computer, system or other device from which the User accesses the Site, including without limitation the maintenance, operation and permitted use of such computer, system or other device.
    • The User shall ensure that any computer, system or other device from which the User accesses and uses is properly maintained and free from any defects, viruses or errors. It shall be the User’s responsibility to ensure that the User’s computer is loaded with the latest anti-virus and anti-spyware software and that the said software is at all times installed and updated.
    • The User expressly and irrevocably agrees, covenants and undertakes to indemnify the Company and keep the Company fully indemnified from and against all claims made against the Company and/or all losses and damages suffered by the Company including loss of profits and all primary losses and expenses arising from a breach of any of the User’s representations and/or warranties and/or a breach of any of the terms of services herein.
  • Notices
    • Unless otherwise specified herein, all notifications, reminders, confirmation or other communications issued to the User shall be deemed to have been delivered in the case of email when the Company’ system shows that the email has been delivered to the User’s registered email address as stated in the User’s account with no failed delivery notification has been received by the Company.
    • The Company shall not be responsible for any failure or delay in sending notifications or reminders to the User and the User shall be responsible to log in to the User’s account registered with the Company to check for all message(s) or notification(s).
  • Severability

In the event that any one or more of the provisions contained in these Terms of Use shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these terms of services or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these terms of services and it shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein.

  • Modifications
    • The Company may revise these Terms of Use for the Site at any time without notice.
    • The materials appearing on the Site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Site are accurate, complete or current. The Company may make changes to the materials and contents contained on the Site at any time without notice. However, the Company does not make any commitment to update the materials.
  • Force Majeure

Neither party will be responsible for a failure to fulfil its obligations under these terms of services or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes an accidents in transportation, but excluding a lack of financing, cash or credit.

  • Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Malaysia and the User irrevocably submits to the exclusive jurisdiction of the courts in that state or location.

  • English language

The parties have requested and agree that these Terms of Use and all documents relating thereto be drawn up in English. In the event of any discrepancies between these Terms of Use and any translation of these Terms of Use, this English version shall prevail.

Select your currency
MYR Malaysian ringgit

Main Menu