When engaging the services offered by the Company through the website or any other online platforms operated by the Company ("Online Platforms"), you agree that the Terms and Conditions of Services herein shall apply.
Your engagement of the services on the Online Platform is non-exclusive and non-transferable.
We shall not be bound by any warranty condition statement representation promise or agreement purporting to vary the terms and conditions of the Agreement or form a contract collateral to the Agreement unless it is in writing, agreed and accepted by us.
We reserve our rights to refuse or decline any order or engagement of the services on the Online Platforms at our sole and absolute discretion.
You represent and warrant that you are the authorised and legal owner or proprietor of the business and/or you have the power and authority to enter into the Agreement on your own behalf and/or on behalf of the entity you purport to represent.
We shall be entitled to subcontract our Online Platforms services or any of our duties whatsoever undertaken by us in relation to the Online Platforms services to a third party engaged by us and you are deemed to have consented to this arrangement.
Our charges for the services are due payable upon your confirmation to engage on our services through the Online Platforms and renewable annually at the then current rate (as the case may be).
Any payment by you for our charges is NON-REFUNDABLE, irrespective of whether you use the Online Platforms services or otherwise, during the tenor of service ordered by you.
You agree that your engagement of our services or use on the Online Platforms is solely at your own risk and on an ‘as is, as available’ basis. The Online Platforms may be visited accessed contents or used by visitors or users over whom we have no control over the materials or data information or comments submitted to and published on the Online Platforms. Materials comments opinions remarks videos photos sounds posted or submitted by users or visitors to the Online Platforms may not necessarily reflect our view and may be unfavourable libellous defamatory degrading or slanderous that may cause loss or damage to you and your business or your reputation. We wholly disclaim and exclude all liability loss and damages whatsoever and howsoever caused by the actions of users and visitors to the Online Platforms.
If you believe that any materials comments opinions remarks videos photos and sounds posted on the Online Platforms infringes or violate your legal rights that you may have or under the Agreement or applicable laws, you shall notify us immediately with specific details so that we can act accordingly.
To the fullest extent permitted by applicable laws, we shall not be liable, including but not limited to, in contract tort equity negligence and strict liability for any loss of income, loss of market, loss of profit, consequential, incidental, special or direct loss or damage whatsoever and howsoever caused whether we knew or ought to have known of that such loss or damage might occur.
In the event that the loss or damage is proven to have resulted from the acts or omissions of our Company and with the intent to cause such loss or damage or recklessly and with knowledge that such loss would occur, the total liability of our Company under any circumstances whatsoever shall be limited to the charges paid by you under Clause 6 above.
By your continuing access and use of the Online Platforms, you are deemed to have agreed and accepted the latest version of the Agreement posted on the Online Platforms, whether you have actual notice or otherwise.
You irrevocably agree to indemnify and hold the Company harmless against any and all liabilities claims demands suits judgements losses costs and legal fee (on a solicitor and client basis) in connection with or incident to or arising out of your failure negligence acts omissions defaults in complying with all applicable laws or your violation or infringement of copyright or any proprietary rights of any third party(s).
We shall not be held liable for any loss or damages delay shortage misinformation or failure to meet your customers’ requirements resulting from Acts of God, force majeure sabotage or disruptions, breakdown, internet traffic congestion, maintenance or any telecommunication interruptions or disruptions, which are beyond our control.
In the event that any provision condition herein or in the Agreement is held to be illegal or invalid under present and/or future law(s), such provision or condition shall be severable and shall not affect the validity of other terms and conditions of the Agreement.
You agree that the governing law shall be the laws of Malaysia and agree to submit to the jurisdiction of the courts in Malaysia.