Terms & Conditions of Use
The terms and conditions set out below shall constitute a binding agreement (hereinafter referred to as “the T&Cs”) between the User and Worldpool.
1. DEFINITIONS
“Corporation”
Includes but is not limited to any:
(a) company incorporated pursuant to the Companies Act 1965;
(b) corporation formed or incorporated or existing within Malaysia or outside Malaysia;
(c) association;
(d) society;
(e) firm;
(f) partnership;
(g) business entity; or
(h) sole proprietor
browsing, accessing, viewing and/or using the Site and includes employees, attorneys or agents of any Corporation doing the same
“Individual”
Includes any natural person who is capable of entering into a legally binding agreement under the laws of Malaysia
“Services”
Includes but is not limited to any services provided by Worldpool, such as:
(a) Deep Database Search Service
(b) Worldwide Classifieds Service
(c) Professional Networking Service
“Site”
Means
http://www.worldpool.com
“User”
Means an Individual or a Corporation browsing, accessing, viewing, downloading and/or using the Site
“User Content”
Means any information provided by a User to Worldpool, which includes but is not limited to any personal information, text, messages, profiles, silhouettes, pictures, images, graphics, drawings, layouts, photographs, representations, illustrations and/or compilations
“Worldpool”
Means Worldpool Sdn Bhd (Company No. 880242-D)
“Worldpool’s Privacy Policy”
Means the Privacy Policy of Worldpool
2. CONDITIONS OF USE
2.1. By browsing, accessing, viewing, downloading and/or using the Site, a User is deemed to have agreed and have concluded a legally binding agreement with Worldpool. Upon acceptance, the User is subject to the T&Cs set out herein.
2.2 If any User does not wish to conclude a legally binding agreement and/or does not agree with the T&Cs set out herein, such User shall immediately discontinue browsing, accessing, viewing, downloading and/or using the Site.
2.3 Worldpool reserves the right at its sole and absolute discretion to amend, change, modify or otherwise alter the provisions of the T&Cs at any time. Any amendments shall become effective immediately upon notification via announcement on the Site and/or via email sent to the e-mail address provided by the User. If the User does not agree with any such amendment, the User shall immediately discontinue browsing, accessing, viewing, downloading and/or using the Site.
2.4 As a condition for using the Site, each User agrees to strictly conform to the following terms:
2.4.1. The User shall be personally responsible for the User Content and for the use of the Site and/or the Services provided by Worldpool. In particular, the User shall use the Site and/or the Services –
(a) at the User’s own risk; and
(b) in accordance with the T&Cs set out herein, all regulations, policies and procedures of the Site and all applicable laws and regulations for the time being in force in Malaysia.
2.4.2. The User shall:-
(a) provide accurate, complete and true information on itself and update it as necessary;
(b) review and observe the Privacy Policy; and
(c) review and observe any notices sent by Worldpool concerning the Site.
2.4.3 The User shall not:-
(a) in any way interfere or attempt to interfere with the proper operation of the Site and any activity being conducted on the Site, including but not limited to unsolicited communications, attempts to gain unauthorised access, transmission and/or activation of computer viruses or unreasonable load on the Site’s bandwidth;
(b) access or attempt to access the Site by any means other than through the interface provided and controlled by Worldpool;
(c) override or attempt to override any security component included in or underlying the Site;
(d) use or attempt to use another User’s account without authorization from the authorized User and Worldpool;
(e) create or attempt to create a false or misleading identity on the Site;
(f) utilize information, content or any data viewable and/or obtained from the Site to provide any service that competes with Worldpool;
(g) use any information, content or any data viewable and/or obtained from the Site to harass, abuse or harm another person;
(h) collect, use or transfer any information, including but not limited to personally identifiable information viewable and/or obtained from the Site except as expressly permitted in the T&Cs or as the owner of such information may expressly permit;
(i) duplicate, license, sub-license, publish, broadcast, transmit, distribute, perform, display, sell or otherwise transfer or commercially exploit the Site except as permitted in the T&Cs;
(j) engage or attempt to engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Site;
(k) derive or attempt to derive the source code used on the Site, or any part thereof;
(l) remove, cover or otherwise obscure any form of advertisement included as part of the Site;
(m) remove any copyright, trade mark or other proprietary right or notice contained in or on the Site;
(n) infringe or use Worldpool’s brand, logos and/or trade marks including, without limitation, the word “Worldpool” in any business name, email or URL or including Worldpool’s trade marks and logos on any website without authorization of Worldpool;
(o) upload, post, email, transmit or otherwise make available or initiate any file, data, image or program that contains:-
i) any false, misleading, fraudulent or inaccurate information; and/or
ii) any defamatory, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, racist, obscene or any other objectionable material of any kind or nature; and/or
iii) any material that encourages conduct that could or would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; and/or
iv) any code or material that violates the copyright, trade mark, trade secret or intellectual property rights of others; and/or
v) any computer viruses, worms, spy ware, “Trojan horses” or any other similar contaminating or destructive features for spamming, chain letters or other use that may otherwise disrupt Worldpool’s services and/ or networks; and/or
vi) any material that creates liability for Worldpool or causes Worldpool to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; and/or
vii) any material which causes Worldpool to lose, in whole or in part, the goodwill of Worldpool; and/or
(p) use the Services provided by Worldpool for any illegal/unlawful/immoral and/or inappropriate purposes including but not limited to trades of an indecent and/or unlawful nature, sexual and/or drug dealing activities.
2.5. Each User understands and acknowledges that the Deep Database Search Service is only available to authorized Users who are Corporations and it is strictly for corporate usage. Individual Users are strictly prohibited from accessing the Deep Database Search Service. In addition, only authorised employees/staff/personnel of Corporations shall be allowed to access the Deep Database Search Service but shall in no event be allowed to utilize any information available therefrom for personal purposes.
2.6. Worldpool reserves the right, at its sole and absolute discretion, to:-
(a) update, improve, alter, change, modify, revise and/or further develop the Site;
(b) withhold, discard or remove any content posted by any User with or without prior notice;
(c) include or automatically produce links to third party web sites (hereinafter referred to as “Third Party Sites”); or
(d) discontinue any User from browsing, accessing, viewing, downloading and/or using the Site with or without prior notice.
3. INTELLECTUAL PROPERTY
3.1. Copyright
The contents of the Site, including but not limited to any text, graphics, images, messages, profile, compilations, audio, video, images, drawings, layouts, photographs and/or other material, are protected by copyright. No part or parts of the Site may be reproduced, distributed, adapted, modified, altered, republished, displayed, broadcasted, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Worldpool.
A User may nonetheless download and print any materials provided by the Site for personal and non-commercial use only.
3.2. License
The User hereby agrees to grant a license to Worldpool to use any content provided by the User. This license includes but is not limited to the right to reproduce, represent, adapt, translate, modify, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to otherwise transfer its content.
The User hereby affirms as the copyright owner in the User Content and agrees to be solely responsible for any breach of copyright and shall indemnify Worldpool from any claims by any third party arising from the breach.
3.3. Trade mark
The trade marks, service marks and logo (hereinafter referred to as “Trade Marks”) used and displayed on the Site are the Trade Marks (whether registered or not) of Worldpool or its licensors. Nothing on the Site should be construed as granting any license or right to use any of the Trade Marks displayed on the Site, without the prior written permission of Worldpool. Any use of Worldpool’s Trade Marks without prior written approval of Worldpool is strictly prohibited and Worldpool reserves all its rights and remedies in this regard.
Any intellectual property rights infringement attracts civil and criminal sanction. The User hereby acknowledges that Worldpool takes a serious view of intellectual property rights infringement and reserves all its rights and remedies to commence legal proceeding against any User for such infringement.
4. TERMINATION
Worldpool may, at its sole and absolute discretion, suspend any User from browsing, accessing, viewing, downloading and/or using the Site with or without any prior notice if Worldpool determines that such User has violated any provision of the T&Cs.
5. GOVERNING LAW AND JURISDICTION
The T&Cs and any disputes or matter incidental or arising from the use of the Site shall be governed by the laws of Malaysia, and the parties hereto shall be subjected to the exclusive jurisdiction of the Malaysian Courts.
6. DISCLAIMER
6.1. The Site and the Services are provided on an “as is” and “as and when available” basis, without any warranty or representation of any kind. The User hereby agrees to use the Site and/or the Services provided by Worldpool at the User’s own risk.
6.2. Worldpool is not responsible for any information, data and/or material posted on the Site. The User further acknowledges and agrees to be solely responsible for the form, content, accuracy, reliability and truthfulness of any User Content, information, data and/or material contained in the Site. Any reliance by the User on any User Content, information, data and/or material posted on the Site will be at their own risk.
6.3. Worldpool reserves the right but has no obligation to monitor the use of the Site and/or Services.
6.4. Worldpool expressly disclaims all liability for identity theft and/or any other misuse of identity or information.
6.5. Worldpool will not be responsible in any way for any interactions made between or among Users as Worldpool reserves the right but has no obligation to monitor disputes between Users.
6.6. Worldpool does not guarantee continuous uninterrupted operation of the Site and does not warrant that the Site and its server would be free from viruses or other harmful mechanism.
6.7 The Site may contain links to third party web sites. Worldpool is not responsible for the content or any material on any third party web sites. In the event the User decides to access any linked third party web sites or to use or install any third party applications or software, the User does so at its own risk and the User shall be deemed to be aware that the terms and policies of the Site and the T&Cs no longer govern such use.
6.8 To the fullest extent authorized under applicable law, Worldpool hereby disclaims all warranties, including but not limited to the foregoing, in respect of merchantability, non-infringement of third party rights, fitness for a particular purpose, or on the accuracy, reliability, completeness or timeliness of the contents, services, software, text graphics and links of the site.
6.9 In no event shall Worldpool be liable under any circumstances for:
(a) any damages, losses and/or expenses including, without limitation, direct, indirect, special, punitive, incidental or consequential damage or economic loss arising from the use of the Site and/or in connection with the T&Cs; and/or
(b) any loss of reputation and/or goodwill; and/or
(c) any liability under general law.
7. INDEMNITY
The User hereby agrees to indemnify, defend and hold Worldpool, its officers, directors, employees, agents, service providers, successors in-title and subsidiaries harmless from and against any claims, actions, demands, losses (both direct and indirect) and/or damages arising from or resulting from or otherwise in connection with the use of the Site or as a result of any breach of the provisions of the T&Cs.
8. PRIVACY
By using the Site and providing information as a registered user, the User hereby agrees that it shall at all times comply with Worldpool’s Privacy Policy.
9. MISCELLANEOUS
9.1. If any one or more of the provisions or part thereof contained in the T&Cs should be or becomes invalid or unenforceable due to any reason, this shall not in any way affect or impair the validity or enforceability of the remaining provisions hereof.
9.2. Notices to the User shall be posted on a public viewable area of the Site and/or sent to the email address provided by the User to Worldpool. The User is deemed to be notified within 24 hours of the time of such posting.
9.3. The User hereby acknowledges that it is not the intention of the T&Cs to create any affiliation, agency, employee-employer relationship, franchisor-franchisee relationship, joint venture and/or partnership between the User and Worldpool.
9.4. The descriptions, titles, headings and captions of this T&Cs shall in no way define, limit, interpret, construe or describe the scope or extent of any provision in the T&Cs.
9.5. The User hereby agrees that this T&Cs and all incorporated agreements may be automatically assigned by Worldpool, in its sole and absolute discretion, to a third party(ies) in the event of a merger and/or acquisition by written notice to each User.
9.6. Failure on the part of Worldpool to act upon a breach by the User or other party shall not operate as or constitute a waiver of its right to act. Worldpool shall be entitled to exercise its rights under this T&Cs and to require strict performance of the terms and conditions herein. Worldpool reserves all its rights and remedies to commence legal proceeding against the User or others who breach any provision of the T&Cs.
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