Article 1 Definition
1. "Company" means Teknik Kreatif Sdn Bhd.
3. "Contents" means the information made available through the Services.
4. "User" means all registered and unregistered users of the Services.
5. "Registered User" means a registered User who has provided Registration Information through the Services and as requested by the Company from time to time.
6. "Registration Information" means the information pertaining to the Registered User, and which can be used to identify a specific User through personal information such as name, date of birth and email address.
7. "LetsMasak ID" means the unique identifier that is assigned to a Registered User for use of the Services.
Article 3 User's Obligations
1. The User shall, at its own expense, provide for the User's own use of the Services by providing all equipment necessary for the User to connect to the internet including telecommunication devices for access to the internet, telecommunication network and/or telecommunication services, software and all other accompanying devices for use of the Services. The User shall pay for any service fees associated with the User's access to the internet, telecommunication network and/or telecommunication services of its choice. The User acknowledges and understands that the Company does not provide any assistance to the User with regard to the User's use of the Services, including, without limitation, any technical or customer support.
2. The User shall comply with all applicable laws and regulations and take precautions on security matters such as computer viruses, unauthorized access and information leakage.
3. The User shall comply with the terms and conditions prescribed by the relevant Internet service provider, telecommunications network provider, telecommunications service provider, content provider, server or such other equivalent system.
Article 4 Principle of Self Responsibility
Article 5 Temporary Suspension
1. The Company may temporarily suspend the provision of parts or the whole of the Services without giving prior notice to the User where regular maintenance or an emergency inspection of the facilities of the Service is required or where any unforeseeable and unpredictable event occurs which is beyond the reasonable control of the Company and which renders the further provision of the Services or part thereof impossible or delays such provision. Such circumstances shall include but shall not be limited to:
a. epidemics, pandemics or quarantine restrictions;
b. acts of God, storms, explosions, fire or blackouts;
c. natural disaster, including without limitation, natural disasters such as earthquake, volcanic eruption, flood and tsunami;
d. war, terrorism, social unrest, riot, civil commotion, labour disputes strike, malicious damage, sabotage or revolution;
e. where temporary suspension is deemed necessary by the Company, including without limitation, for operational or technical reasons.
Article 6 Amendment to Services
1. The Company may, without giving prior notice to Users, amend, suspend or terminate any Content and/or the Services or any part thereof at its sole and absolute discretion. The Company retains its discretion to notify Users of any amendment to an important segment of the Services through emails sent to the Users or through posting or displaying such notification on the Services on a best effort basis and without any guarantee.
2. The Company shall not be howsoever or whatsoever liable for any amendment, suspension or termination of any Content and/or the Services or any part thereof.
Article 7 Use of Services that Requires Registration
1. Users are required to comply with the following terms.
2. Users who wish to register for the use of Services shall complete the required Registration Information as may be requested from time to time by the Company by submitting the application in such format as may be specified by the Company from time to time. Users shall submit the completed Registration Information to the Company via the internet.
3. Upon receipt of the Registration Information, the Company shall conduct the necessary checks on the application and once the Company accepts the application, the Company shall convey its acceptance to the User by transmitting a URL via email to the User. The User agrees to be liable for the use and management of the URL, and the Company shall not be held liable for any and all losses, expenses, damages, claims, charges, costs including legal/attorney fees, liabilities, demands and actions of whatsoever nature incurred by the Company or third parties wheresoever and howsoever arising from or in connection with the User's use of the URL or a third party's use of the URL provided to the User, regardless of whether there is any intentional negligence on the part of the User.
4. The Company shall conduct checks on any User who wishes to submit Registration Information (hereinafter referred to as the "Applicant") prior to and after the application, and the Company reserves the right to erase the Registration Information as well as to deny the Applicant the use of all of the Services in future in any of the following circumstances:
a. Applicant does not exist;
b. Applicant does not have an email address that could receive transmission.;
d. intentional provision of false information.
e. Applicant is a minor and has not submitted the Registration Information with the approval of a parent or guardian; or
f. at LetsMasak's' sole and absolute discretion, including, without limitation, where the Company deems that registration is inappropriate.
Article 8 Prohibition Against Acting Contrary to Rights of Others
A Registered User may not act in any way contrary to the rights of the Company, other Users or third parties.
Article 9 Changes to Registration Information
1. A Registered User shall notify the Company immediately if there are any changes to the Registration Information.
2. If such changes are not notified by the Registered User, the Company shall not be liable howsoever or whatsoever for any delay, non-delivery, failed execution of notification or other communication from the Company.
Article 10 Termination of Registration
1. A Registered User may not withdraw or terminate his membership. A registered users may only deactivate his account by notifying the Company through the Services and in accordance with procedures as may be specified from time to time by LetsMasak.com but all the contents created during the period of using the Services will remain. Unless as stated in article 18.
2. The Company is deemed to have received the above notification in relation to a deceased User once the Company is notified that the User has passed away.
Article 11 Data Erasure
1. The Company may erase the data stored on the Services by Registered Users and users who have obtained an ID but have no LetsMasak ID or whose use of the Services have been suspended temporarily at the time of data erasure (hereinafter referred to as "Registered Users and Others"), without prior notification to the Registered Users and Others, in the event the Company determines that the data need no longer be retained. Data and other information stored on the Services by the Registered Users and Others may be erased without prior notification to them at the Company's sole and absolute discretion, including, without limitation, whenever it becomes necessary by reason of the Company's operational, maintenance and/or management needs.
2. The Company shall not be liable howsoever or whatsoever for the erasure of data and other information stored on the Services.
Article 12 Handling of Personal Information
Article 13 Pertaining to the Contents Transmitted through the Services
1. The User hereby grants to the Company a sub-licenseable, royalty-free, irrecovable, transferrable, worldwide and non-exclusive licence to use (including, without limitation, to copy, modify, reproduce, perform, display, transmit, distribute, transfer, publish, create derivative works, translate and adapt) the Contents contributed and transmitted by the User to the Company.
Article 14 Property Rights of the Company
1. Save and except for Contents contributed by the User, the intellectual property rights pertaining to the Contents made available through the Services shall vest in and shall belong to the Company.
2. The software used in relation with the Services contains registrable or unregistrable intellectual property rights which are capable of protection.
3. All trademarks, service marks and logos used on the Services are the property of the Company and/or the respective third party proprietors. No licence or right is granted to the User and the User's access to and/or use of the Services shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing on the Services without the prior written consent of the Company or the relevant third party proprietor thereof. Save and except with the the Company's prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any the Company website or any other website.
Article 15 Notice
1. The Company may contact or notify the Registered User at its discretion through email.
Article 16 Restriction, Suspension or Termination of Use
1. The Company may restrict, suspend or terminate the use of the Services by a User without notifying the User in the following instances:
a. when it is likely that claims or proceedings may be brought against the Company by third parties due to circumstances that are connected to the User's use of the Services, including, without limitation, where the Services are used as a channel for worm-type viruses and spam;
b. when it is not possible to establish contact with the User through telephone, fax and/or email;
c. when postal mail addressed to the User is returned to the Company;
d. when the Company deems it an emergency; and/or
e. at the Company's sole and absolute discretion.
2. The Company shall not bear any responsibility for any damages or losses that the User may sustain due to the User's inability to use the Services as a result of measures meted out in accordance with Article 16.1.
Article 17 User's Warranties
1. A User agrees, undertakes and represents that it shall not:
a. infringe intellectual property rights of third parties, including without limitation, intellectual property rights such as copyright and trademark, of the Company, other Users or third parties;
b. infringe the property rights or privacy rights of the Company, other Users or third parties;
c. disclose information, such as the name, mailing address, telephone number and email address of a specific individual without authorisation, and by which any third party is able to identify the said individual;
d. register multiple email addresses to obtain multiple LetsMasak ID, while being a single user;
e. obtain a LetsMasak ID on behalf of a Registered User whose LetsMasak ID has been suspended or terminated;
f. discriminate against or defame other Users or third parties, or damage the reputation and credibility of Users or third parties;
g. alter and/or erase Contents made available through the Services ;
h. impersonate the Company, Users or third parties (including doctoring email headers for the purpose of falsifying the source of email headers and the identity of the sender);
i. transmit computer programs or viruses that are harmful or cause other Users or third parties to receive such programs or viruses;
j. transmit, without authorization, email that are advertisement or promotion or solicitation or that are of a repulsive nature (including spam); obstruct the receipt of email by other Users or third parties; request the transmission of chain emails and/or transmission of chain emails in accordance with such requests;
k. accessing without authorization, or conducting port scans, DOS attacks, or spamming the facilities of other Users or third parties or the facilities used by the Services (including, without limitation, telecommunication facilities, computers and other equipment, as well as software that is used in the provision of the Services by the Company) and/or causing or attempting to cause interference with the use or operation of such facilities;
l. circulate information, equipment and software that are used for the purpose of disabling or circumventing the access control function of servers and other facilities;
m. obtain Registration Information without authorisation or through fraud (including, without limitation, by phishing or similar methods);
n. use the Services for commercial activities, for profit and in anticipation of profit (hereinafter referred to as "Commercial Activities"), unless prior written approval has been obtained from the Company;
o. use the Services in contravention of applicable laws and regulations;
p. hinder the operation of the Services or hinder the exchange or sharing of Contents contributed by other Users or third parties; or cause damages or losses to the Company, Users or third parties by damaging their credibility or infringing their intellectual property rights;
q. cause significant hindrance to the operations of the Company through repetitive, frivolous or vexatious enquiries or emails, or requests of Users which are beyond the Company's obligations and/or are unreasonable;
s. use, reproduce, distribute, publish, modify, display, broadcast, mirror, link, hyperlink or transmit the Services and/or Contents in any manner or by any means without the Company's prior written permission; and
t. contravene such other requirements that the Company may impose from time to time at its sole and absolute discretion.
a. erase or amend the Contents contributed by the User through the Services;
b. temporarily suspend the User's use of the Services;
c. cancel the Registered User's registration;
d. delete the LetsMasak ID; and/or
e. deny the User's access to and/or use of the Services.
3. The Registered User accepts that the Company can neither guarantee the delivery, accuracy, security not confidentiality of the contents of emails sent to the Registered User. The Company shall not be liable howsoever or whatsoever to the Registered User or any other party for:
a. the non-delivery, delayed delivery, wrong delivery or partial delivery of emails sent to the Registered User, whether caused by the Registered User or otherwise;
b. inaccurate content in the emails sent to the Registered User; and/or
c. access to the contents of the emails sent to the Registered User by any unauthorised persons;
4. All enquiries and complaints pertaining to any measures meted out in accordance with this Article shall not be entertained by the Company.
Article 19 Limitation of Liability and Indemnity
a. death or personal injury caused by its negligence; and
b. liability which may not otherwise be limited or excluded under applicable law.
2. Subject to Article 19.1 above, in no event shall the Company be liable to the User or any other party for any and all damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) that arise from the use of the Services by the User, or reliance on the Contents made available through the Services, regardless of the form of action and even if the Company had been advised as to the possibility of such damages.
3. The Company shall not be liable howsoever or whatsoever to the User or any other party for any and all damages which are brought against the User by a third party alleging that the Services or Contents infringe the rights of third parties including intellectual property rights. The User shall be liable for and bear the costs of initiating a claim or proceeding against a third party in connection with the User's use of the Services.
4. Under no circumstances shall the Company be liable howsoever or whatsoever for any failure of performance, system, server or connection failure, defects, errors, faults, omission, suspension, interruption, breach of security, computer virus, malicious code, corruption, delay, suspension, loss of use, unavailability, mutilation, failure, interception or interruption of the Services, regardless of the form of action, in connection with the User's use of the Services even if the Company had been advised as to the possibility.
5. The Services are provided on an "as is" and "as available" basis and the Contents are of a general nature which have not been verified, considered or assessed by the Company. The User agrees that the Company does not warrant or represent that the Services will be uninterrupted and the Company shall, to the fullest extent permitted by law, have no liability for the provision or its failure to provide the Services. The Company does not in any way guarantee the completeness, accuracy, adequacy, reasonableness, appropriateness and usefulness of the Services as well as the Contents. The Company expressly disclaims liability for any errors in, or omissions from, the Contents including Contents contributed by the Registered User.
6. No warranty of any kind, implied, express or statutory including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code, is given in conjunction with such Contents, or the Services in general.
7. The public disclosure and deletion of all Contents contributed by the Registered User shall be at the discretion of the Registered User, and the Company shall not be liable howsoever or whatsoever for any Contents contributed by the Registered User and/or saved in any User's "MY Folder" are no longer accessible due to the Registered User's deletion of such Contents contributed by the Registered User and/or withdrawal of the Registered User's membership.
8. The Company shall not be liable howsoever or whatsoever where Contents made available through the Services are no longer accessible for any reason.
9. The Company may include hyperlinks to websites on the Internet that are owned or operated by third parties in its provision of the Services. Such linked websites are not under the control of the Company and the Company cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website through the Services. Furthermore, the hyperlinks provided through the Services shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the Company. The User agrees that the User's use of such linked websites is entirely at the User's own risk and subject to the terms and conditions of use contained therein. The User agrees that the User shall not link the Services to any other website or place any hyperlinks on any other website linking to the Services without the Company's prior written consent.
Article 21 Court of Jurisdiction
The User and the Company agree to submit to the exclusive jurisdiction of the Malaysia courts.
Article 22 Governing Law
Article 23 Entire Agreement