Terms of Use - sun Century (MY)

Terms of Use - Adamasa Network Sdn. Bhd.

1. INTRODUCTION

1.1 Welcome to the Adamasa Network Sdn. Bhd. platform (the “Site”). This Site is owned and operated by ADAMASA NETWORK SDN BHD (913517-P). Please read the following Terms of Use carefully before using this Site or opening an Adamasa Network Sdn. Bhd. account (“Account”) so that you are aware of your legal rights and obligations with respect to ADAMASA NETWORK SDN BHD (913517-P) and its affiliates and subsidiaries (individually and collectively, “Adamasa Network Sdn. Bhd.”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Adamasa Network Sdn. Bhd. client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Use. These Terms of Use govern your use of Services provided by Adamasa Network Sdn. Bhd.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller, and Adamasa Network Sdn. Bhd. is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such a transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase, and the like. Adamasa Network Sdn. Bhd. is not involved in the transaction between Users. Adamasa Network Sdn. Bhd. may or may not pre-screen Users or the Content or information provided by Users. Adamasa Network Sdn. Bhd. reserves the right to remove any Content or information posted by you on the Site in accordance with Section 6.4 herein. Adamasa Network Sdn. Bhd. cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Use, and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Adamasa Network Sdn. Bhd. reserves the right to change, modify, suspend, or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Adamasa Network Sdn. Bhd. may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Adamasa Network Sdn. Bhd. may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 Adamasa Network Sdn. Bhd. reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING ADAMASA NETWORK SDN. BHD. SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Your privacy is very important to us at Adamasa Network Sdn. Bhd.. To better protect your rights we have provided the Adamasa Network Sdn. Bhd. Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Adamasa Network Sdn. Bhd. collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you: Adamasa Network Sdn. Bhd. collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Adamasa Network Sdn. Bhd.; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Adamasa Network Sdn. Bhd. prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 Adamasa Network Sdn. Bhd. grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Use. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Adamasa Network Sdn. Bhd. and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Use. Adamasa Network Sdn. Bhd. reserves all rights to the software not expressly granted by Adamasa Network Sdn. Bhd. hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Adamasa Network Sdn. Bhd..

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Adamasa Network Sdn. Bhd., in its sole discretion, finds offensive or inappropriate, Adamasa Network Sdn. Bhd. has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Adamasa Network Sdn. Bhd. has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of use for those products, websites or services, including their respective privacy policies, if different from these Terms of Use and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID (“Email Address”) and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Adamasa Network Sdn. Bhd. of any unauthorized use of your Account, User ID, and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Adamasa Network Sdn. Bhd. will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

5.3 You agree that Adamasa Network Sdn. Bhd. may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Adamasa Network Sdn. Bhd. deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Use, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior (d) having multiple user accounts for illegitimate reasons, or (e) behavior that is harmful to other Users, third parties, or the business interests of Adamasa Network Sdn. Bhd.. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Adamasa Network Sdn. Bhd. may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify Adamasa Network Sdn. Bhd. in writing (including via email [email protected] ) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Adamasa Network Sdn. Bhd. after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Use. Adamasa Network Sdn. Bhd. shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Adamasa Network Sdn. Bhd.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

5. ACCOUNTS AND SECURITY

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In any such event, Adamasa Network Sdn. Bhd. may effect such termination with or without notice to you.

Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
Use the Services to harm minors in any way;
Use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
Remove any proprietary notices from the Site;
Cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Adamasa Network Sdn. Bhd.
Use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
Use the Services for fraudulent purposes;
Manipulate the price of any item or interfere with other User’s listings;
Take any action that may undermine the feedback or ratings systems;
Attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Adamasa Network Sdn. Bhd. with respect to the Services and/or data transmitted, processed or stored by Adamasa Network Sdn. Bhd.;
Harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
Upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
Upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;
Interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
Infringe the rights of Adamasa Network Sdn. Bhd., including any intellectual property rights and any passing off of the same thereof;
Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
List items that infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Adamasa Network Sdn. Bhd., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Adamasa Network Sdn. Bhd. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that Adamasa Network Sdn. Bhd. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Adamasa Network Sdn. Bhd. and its designees shall have the right to remove any Content (i) that violates these Terms of Use; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

Listing deletion
Limits placed on Account privileges
Account suspension and subsequent termination
Criminal charges
Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Use, please contact [email protected]

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 The Users are independent individuals or businesses, and they are not associated with Adamasa Network Sdn. Bhd. in any way. Adamasa Network Sdn. Bhd. is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Site.

8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to [email protected] and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Adamasa Network Sdn. Bhd. will respond to your complaint as soon as practicable.

8.3 Complaints under this Section 8 must be provided in the form prescribed by Adamasa Network Sdn. Bhd., which may be updated from time to time, and must include at least the following:

A physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
A description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
Details of the listing which contains the alleged infringement;
Sufficient information to allow Adamasa Network Sdn. Bhd. to contact the Informant, such as Informant’s physical address, telephone number, and e-mail address;
A statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorized by the IPR Owner or the law;
A statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorized to act on IPR Owner’s behalf to the complaint.

9. PURCHASE AND PAYMENT

9.1 Adamasa Network Sdn. Bhd. supports one or more of the following payment methods in each country it operates in:

Credit Card
Card payments are processed through third-party payment channels, and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
Online Banking
Online banking payments are processed through third-party payment channels, and the type of online banking accepted by these payment channels may vary depending on the jurisdiction you are in.
Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Adamasa Network Sdn. Bhd. Guarantee Account (as defined in Section 11). Buyer must provide Adamasa Network Sdn. Bhd. with the transfer receipt or payment transaction reference for verification purposes through email to us at [email protected], as payment confirmation. If payment confirmation is not received by Adamasa Network Sdn. Bhd. within three (3) days, Buyer’s order will be cancelled.

9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3 Adamasa Network Sdn. Bhd. takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use a certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

9.4 At the moment, Adamasa Network Sdn. Bhd. is only able to make payment to Users via bank transfer. Hence, Users are required to provide Adamasa Network Sdn. Bhd. with his/her banking details in order to receive payments, i.e., from the sale of an item or refund from Adamasa Network Sdn. Bhd.

10. DELIVERY

10.1 Delivery of the purchased items shall be made to the address specified by the Buyer in its order. Unless otherwise agreed with Adamasa Network Sdn. Bhd., the Seller should then make the necessary arrangements to have the purchased item delivered to the Buyer and provide details such as the name of the delivery company, the tracking number, etc. to the Buyer through the Site.

10.2 Seller must use his/her best effort to ensure that the Buyer receives the purchased items within, whichever applicable, 7 working days (Adamasa Network Sdn. Bhd. Standard Delivery Period) or the time period specified (for offline payment) by Seller on Seller’s listing.

10.3 Users understand that the Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost, or there is a failure of delivery during the course of delivery, Users acknowledge and agree that Adamasa Network Sdn. Bhd. will not be liable for any damage, expense, cost, or fees resulting therefrom, and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

10.4 If the Seller has failed to deliver the purchased items within a reasonable time, the Buyer shall, by serving a written notice to Adamasa Network Sdn. Bhd., be entitled to demand performance within a specified time thereafter, and such specified time shall be no less than 14 days. If Adamasa Network Sdn. Bhd. fails to do so within the specified time, the Buyer shall be entitled to claim a refund in respect of the undelivered purchased items.

10.5 For Cross-Border Transaction. Users understand that all cross-border import and export transactions are subject to local laws and regulations. The Seller should familiarize himself/herself with all import and export restrictions that apply to the designated country. The Seller acknowledges that Adamasa Network Sdn. Bhd. cannot provide any legal advice in this regard and agrees that the Seller will bear all risks and liabilities associated with the import and export of any Seller’s item to the designated country.

11. CANCELLATION, RETURN AND REFUND

11.1 Buyer may only cancel his/her order within 24 hours of payment made on Adamasa Network Sdn. Bhd. In this case, the Buyer is required to write a cancellation request to Adamasa Network Sdn. Bhd. at [email protected].

11.2 Buyer may apply for the return of the purchased item and a refund before the expiry of Adamasa Network Sdn. Bhd.’s Standard Delivery Period, if applicable, subject to and in accordance with Adamasa Network Sdn. Bhd.’s Refunds and Return Policy. Please refer to Adamasa Network Sdn. Bhd.’s Refunds and Return Policy for further information.

11.3 Adamasa Network Sdn. Bhd. reserves the right to cancel any transaction on the Site, and the Buyer agrees that the Buyer’s sole remedy will be to receive a refund.

11.4 Adamasa Network Sdn. Bhd. does not monitor the cancellation, return, and refund process for offline payments.

12. SELLER’S RESPONSIBILITIES

12.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount, and terms and conditions for sales are updated on Seller’s listing and shall not post inaccurate or misleading information.

12.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to the Buyer, such as sales tax, value-added tax, tariffs, etc., and the Seller shall not charge the Buyer such amount additionally and separately.

12.3 Seller agrees that Adamasa Network Sdn. Bhd. may, at its discretion, engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting, or refunding fees, or in other ways. The final price that the Buyer will actually pay will be the price that such adjustment is applied to.

12.4 For the purpose of promoting the sales of the items listed by the Seller, Adamasa Network Sdn. Bhd. may post such items (at adjusted prices) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Adamasa Network Sdn. Bhd.

12.5 Seller shall issue receipts, credit card slips, or tax invoices to the Buyer on request.

12.6 Seller acknowledges and agrees that the Seller will be responsible for paying all taxes, customs, and duties for the item sold, and Adamasa Network Sdn. Bhd. cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

12.7 Seller acknowledges and agrees that Seller’s violation of any of Adamasa Network Sdn. Bhd.’s policies will result in a range of actions as stated in Section 7.1.

13. FEEDBACK

13.1 Adamasa Network Sdn. Bhd. welcomes information and feedback from our Users, which will enable Adamasa Network Sdn. Bhd. to improve the quality of service provided. Please refer to our feedback procedure below for further information:

– Feedback may be made in writing through email and sent to [email protected].

– Anonymous feedback will not be accepted.

– Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

– Vague and defamatory feedback will not be entertained.

14. DISCLAIMERS

14.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ADAMASA NETWORK SDN. BHD. OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADAMASA NETWORK SDN. BHD. DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

14.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14.3 ADAMASA NETWORK SDN. BHD. HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ADAMASA NETWORK SDN. BHD. AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

15. EXCLUSIONS AND LIMITATIONS OF LIABILITY

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADAMASA NETWORK SDN. BHD. BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

LOSS OF USE;
LOSS OF PROFITS;
LOSS OF REVENUES;
LOSS OF DATA;
LOSS OF GOOD WILL; OR
FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF ADAMASA NETWORK SDN. BHD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

15.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ADAMASA NETWORK SDN. BHD.’S ADAMASA NETWORK SDN. BHD. THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

16. LINKS TO THIRD PARTY SITES

Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Adamasa Network Sdn. Bhd. in any manner whatsoever, and you, therefore, access them at your own risk. Adamasa Network Sdn. Bhd. is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Adamasa Network Sdn. Bhd. is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement, or sponsorship by Adamasa Network Sdn. Bhd. of any linked site and/or any of its content therein.

17. YOUR CONTRIBUTIONS TO THE SERVICES

17.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Adamasa Network Sdn. Bhd.. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Adamasa Network Sdn. Bhd. and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through, or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without the need for attribution, and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

17.2 Any material, information, or idea you post on or through the Services, or otherwise transmit to Adamasa Network Sdn. Bhd. by any means (each, a “Submission”), is not considered confidential by Adamasa Network Sdn. Bhd. and may be disseminated or used by Adamasa Network Sdn. Bhd. without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By making a Submission to Adamasa Network Sdn. Bhd., you acknowledge and agree that Adamasa Network Sdn. Bhd. and/or other third parties may independently develop software, applications, interfaces, products, and modifications and enhancements of the same which are identical or similar in function, code, or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Adamasa Network Sdn. Bhd. and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through, or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

18. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

18.1 Each contributor to the Services of data, text, images, sounds, video, software, and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with their Content contribution. As such, Adamasa Network Sdn. Bhd. is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any contribution of Content. You will not hold Adamasa Network Sdn. Bhd. responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

18.2 In addition, the Services may contain links to third party products, websites, services, and offers. These third party links, products, websites, and services are not owned or controlled by Adamasa Network Sdn. Bhd.. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Adamasa Network Sdn. Bhd. has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Adamasa Network Sdn. Bhd. shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Adamasa Network Sdn. Bhd. may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Use.

19. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) You possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right, and ability to enter into these Terms of Use and to comply with its terms; and

(b) You will use the Services for lawful purposes only and in accordance with these Terms of Use and all applicable laws, rules, codes, directives, guidelines, policies, and regulations.

20. INDEMNITY

You agree to indemnify, defend and hold harmless Adamasa Network Sdn. Bhd., and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

(a) Any transaction made on the Site, or any dispute in relation to such transaction (except where Adamasa Network Sdn. Bhd. or its Affiliates is the Seller in the transaction that the dispute relates to),

(b) Tthe hosting, operation, management, and/or administration of the Services by or on behalf of Adamasa Network Sdn. Bhd.,

(d) Your use or misuse of the Services, or

(e) Your breach of any law or any rights of a third party.

21. SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

22. GOVERNING LAW

These Terms of Use shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

23. GENERAL PROVISIONS

23.1 Adamasa Network Sdn. Bhd. reserves all rights not expressly granted herein.

23.2 Adamasa Network Sdn. Bhd. may modify these Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Use.

23.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

23.4 Nothing in these Terms of Use shall constitute a partnership, joint venture or principal-agent relationship between you and Adamasa Network Sdn. Bhd., nor does it authorize you to incur any costs or liabilities on Adamasa Network Sdn. Bhd.’s behalf.

23.5 The failure of Adamasa Network Sdn. Bhd. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

23.6 These Terms of Use are solely for your and our benefit and are not for the benefit of any other person or entity, except for Adamasa Network Sdn. Bhd.’s affiliates and subsidiaries (and each of Adamasa Network Sdn. Bhd.’s and its affiliates’ and subsidiaries’ respective successors and assigns).

23.7 The terms set forth in these Terms of Use and any agreements and policies included or referred to in these Terms of Use constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing.

23.8 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contacts us at: [email protected].

I have read this agreement and agree to all of the provisions contained above and any revision the same hereafter. By clicking the “sign up” or “connect with facebook” button below, I understand that I am creating a digital signature, which I intend to have the same force and effect as if I had signed my name manually.