E-Construct Terms of Use
1. Acceptance of Terms of Use
www.cidbec.com ("The Portal") is provided
to you by CIDB E-Construct Services Sdn. Bhd, ("The Company")
under these Terms of Usage. Although portions of The Portal
may be viewed simply by visiting the Site, in order to access
the certain areas and/or receive additional services from
The Company you need to register as a member of The Portal.
If you register as a member of The Portal, these Terms of
Usage will govern your use of The Portal, and other services
which may be provided to you in connection with The Portal
and other features. BY SIGNING ON TO THE PORTAL AND COMPLETING
THE REGISTRATION PROCESS AND SELECTING THE "LOG IN"
OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
TERMS OF USAGE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO
TIME. These Terms of Usage govern your use of The Portal and
all services provided in connection with The Portal. The Company
shall not be liable to you for any breach of these Terms of
Usage. If you do not agree to these Terms of Usage, please
do not register for or enter The Portal. The Terms of Usage
for your continued use of The Portal will be available throughout
The Portal. Please check these areas before using The Portal
to determine whether a change has been made to these Terms
of Service. If you do not agree to these changes in the Terms
of Service as they may occur, please arrange to terminate
your registration with The Portal immediately
(i) by notifying The Company of your unwillingness to accept
the changes to the Terms of Usage; and
(ii) by discontinuing your use of The Portal. Your continued
use of The Portal will signify your acceptance of any change
in the terms and conditions set forth herein. From time to
time The Company may supplement these Terms of Service with
additional terms pertaining to specific content or events,
("Additional Terms"), which Additional Terms may
be placed on The Portal to be viewed in connection with the
specific content or events and shall be identified as such.
You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms of Usage.
2. Registration Information/Privacy Policy
When you register for The Portal, you will be required to
provide The Company with the following information: your name,
email address, company details, member name and password.
In addition, you may choose to provide The Portal with additional
information, including: your contact number(s), etc. Any information
provided by you or gathered by The Company or third parties
during any visit to The Portal shall be subject to the terms
of The Portal's Privacy Policy, which is incorporated herein
by reference. Click here if you wish to read The Portal's
Privacy Policy. The Company reserves the right to offer you
third party services and products based on the preferences
that you identify during the registration process and based
on your subsequent preferences; such offers may be provided
to you by The Company. The Company reserves the right to terminate
your member account if The Company learns that you have provided
The Portal with false or misleading registration information.
3. Termination
The Company reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate
(i) these Terms of Usage;
(ii) your registration with or ability to access The Portal
and/or any other service provided to you by The Company including
any member account upon any breach by you of the Terms of
Usage.
4. Modifications of these Terms of Usage
The Company may modify these Terms of Usage from time to time
in its sole discretion. Each time you log on to The Portal,
you will be deemed to have accepted any such changes.
5. Modifications of E-Construct's Portal
The Company may modify or discontinue The Portal with or without
notice to you and without liability to you or any third party.
6. Third Party Services
You may order services through The Portal from other persons
not affiliated with The Company ("Seller"). All
matters concerning the services desired from Seller, including
but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between you
and Seller. The Company makes no warranties or representations
whatsoever with regard to any goods or services provided by
Sellers. You will not consider The Company nor will The Company
be construed as a party to such transactions, whether or not
The Company may have received some form of revenue or other
remuneration in connection with the transaction or be liable
for any costs or damages arising out of, either directly or
indirectly, you or any other person involved or related to
the transaction. The Company may include special routing icons
which may be located within The Portal, the activation of
which will allow you to access and learn more about The Company
and other services provided by The Company whereby the use
of such icons is free of additional charge to you. WHEN YOU
ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS
WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO
THE USE OF THESE SERVICES.
7. Registration and Password
You are responsible for maintaining the confidentiality of
your Information and password. You shall be responsible for
all uses of your registration, whether or not authorized by
you. You agree to immediately notify The Company of any unauthorized
use of your registration or password.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE
RISK. THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES
NO WARRANTY THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, OR
THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL. THE
COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT
FROM THE UNAVAILABILITY OR MALFUNCTION OF THE PORTAL. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU
UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED
IN CONNECTION WITH THE PORTAL. THE COMPANY IS NOT RESPONSIBLE
FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM
THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH
THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS MEMBERS,
WHILE SUCH MEMBERS ARE PARTICIPATING IN THE PORTAL, ARE ENGAGED
IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. THE COMPANY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT
YOU MAY HAVE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY
OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED
OR REFERENCED IN THE PORTAL. YOUR PARTICIPATION IN THE PORTAL
IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH
THE PORTAL, IT'S EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE PORTAL OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE PORTAL. THE COMPANY IS NOT RESPONSIBLE FOR
THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS
CONTAINED OUTSIDE THE PORTAL'S SITE. As a convenience to our
members, we may provide links to resources that are beyond
our control. We make no representations as to the quality,
suitability, functionality or legality of any sites to which
we may provide links, and you hereby waive any claim you might
have against The Company with respect to such sites.
9. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE PORTAL OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PORTAL OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
OICNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to indemnify and hold each of The Company, their
parents, subsidiaries, affiliates, officers, directors and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your use of The Portal, the violation of these Terms
of Usage by you, or the infringement by you, or any other
subscriber of your account, of any intellectual property or
other right of any person or entity.
11. Applicable Law
These Terms of Usage shall be governed by and construed in
accordance with the laws of the State of Malaysia , without
giving effect to its conflict of laws provisions. By registering
for or entering The Portal, you consent and submit to the
exclusive jurisdiction and venue of the state and federal
courts located in Malaysia.
12. Remedies for Breach of these Terms by You
In the event that The Company determines, at its sole discretion,
that you have breached any portion of these Terms of Usage,
or have otherwise demonstrated conduct inappropriate for the
community of The Portal, The Company reserves the right to
(i) warn you via e-mail that you have violated these Terms
of Usage; (ii) delete any content provided by you or your
agent(s) to The Portal; (iii) delete all content provided
by you to The Portal; (iv) discontinue your registration with
The Portal and/or any other The Portal community; (v) notify
and/or send content to and/or fully cooperate with the proper
law enforcement authorities for further action; and/or (vi)
any other action which The Company deems to be appropriate.
13. Miscellaneous
In the event that any provision of the Terms of Usage conflicts
with the law under which the Terms of Usage are to be construed
or if any such provisions are held invalid by a court with
jurisdiction over the parties to the Terms of Usage, such
provision will be deemed to be restated to reflect as nearly
as possible the original intentions of the parties in accordance
with applicable law, and the remainder of these Terms of Usage
will remain in full force and effect. The failure of either
party to insist upon or enforce strict performance by the
other party of any provision of the Terms of Usage or to exercise
any right under the Terms of Usage will not be construed as
a waiver or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in that
or any other instance, rather, the same will be and remain
in full force and effect. The Company may assign its rights
and obligations under these Terms of Usage and upon such assignment
The Company may be relieved of any further obligation hereunder.
You represent to The Company that you have the authority to
register with The Portal according to these Terms of Usage.
These Terms of Usage and any Additional Terms (as such terms
shall be identified when posted on The Portal by The Company)
constitute the entire understanding between the parties as
to subject matter hereof, and supersede all prior agreements
and understandings. Any legally unenforceable provision of
these Terms of Usage will, at the election of The Company,
be deleted or modified to correct the defect and, regardless,
the remainder of the terms of these Terms of Usage will remain
valid and enforceable. The Company reserves the right to charge
fees, surcharges and/or membership fees at any time upon thirty
(30) days prior written notice to you.
|