TERMS OF USE OF WEBSITE
1. Scope
1.1 These Terms of Use of Website (“Terms of Use”) govern your access and use of www.seco.com.my website (“Website”) as well as any services, information and functions (collectively referred to as “Services”) we may provide through our Website.
1.2 The Terms of Use constitute a legal agreement between you and S ECOSYSTEM (M) SDN BHD (Company No.: 202101020130 (1420430-D), a company incorporated in Malaysia and having its business address at 11, Jalan Astana 5/KU2, Bandar Bukit Raja, 41050 Klang, Selangor. (“S Ecosystem”, “we”, “us” or “our”).
1.3 Before using the Website and/or the Services, you must read carefully and accept these Terms of Use and all other terms, conditions and policies pertaining to the use of the Website and/or the Services and you must consent to the processing of your personal data as described in the Privacy Notice set out at https://www.seco.com.my/terms-and-conditions/. The Terms of Use, all other terms, conditions and policies pertaining to the use of the Website and/or the Services; and the Privacy Notice shall be collectively referred to as “S Ecosystem Terms and Conditions”. By viewing, accessing and/or using the Website and/or the Services, you agree to be bound by S Ecosystem Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to S Ecosystem Terms and Conditions, do not view, access and/or use this Website and/or the Services.
1.4 If you decide to make a purchase on the Website, please read carefully the Terms and Conditions for Online Purchase before you make an offer. The Terms and Conditions for Online Purchase is part of the S Ecosystem Terms and Conditions.
1.5 S Ecosystem reserves the right to change, vary, amend, modify, add or remove portions of the S Ecosystem Terms and Conditions at any time without any liability to you. Changes will be effective and supersede all previous versions when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website. Continued use of the Website and/or the Services following any changes constitutes an acceptance of those changes. As such, it is your responsibility to visit the Website periodically to determine any changes. If you do not accept S Ecosystem Terms and Conditions (including any changes), please discontinue your access to the Website.
2. Definition and Interpretation
2.1 In these Terms of Use:
(a) “Affiliated Parties” shall means all subsidiaries and affiliates of S Ecosystem, third party service-provider and their respective officers, agents, partners and employees;
(b) “Content” means all information, materials, documents, texts, content, data, software, graphics, icon, photographs, sound, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code available on the Website and the Services including but not limited to the ideas, design, structure, expression and display, their selection and arrangement, magnetic translation, digital conversion, software compilations and underlying source code;
(c) “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registrable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:-
together with all other rights of a similar or corresponding character or nature.
3. Website Content and Intellectual Property Rights
3.1 The Website, Services and Content are legally owned, controlled or legitimately authorized to be used by S Ecosystem. All right, title and interest in the Intellectual Property Rights on the Website, Services and Content shall at all times remain the property of S Ecosystem and/or our licensors No party accessing the Website, Services and/or Contents shall claim any right, title or interest therein. The posting of information or materials on the Website by S Ecosystem does not constitute a waiver of any right in such information and materials and you do not acquire ownership rights to any content, document or other materials viewed through the Website. You are not authorized to use the same unless you have obtained express written permission from us.
3.2 The Website, Services and Contents are protected by Intellectual Property Rights owned or controlled by us and/or our licensors. You shall not and are strictly prohibited from reproduce, reverse engineer, decompile, disassemble, separate, alter, modify, distribute, transmit, publish, republish, display, broadcast, hyperlink, mirror, frame, upload, download, post, transfer or transmit in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or our licensors.
3.3 You may download or make copies of the materials displayed on the Website for non-commercial informational and home personal use only provided that you do not (i) remove any copyright, trademark and proprietary notices, acknowledgements, credits, statements and/or notifications in all copies of such documents that indicating S Ecosystem’s ownership of, legal rights and interests on the Content; (ii) make any alterations of any kind to such Content; (iii) copy or post such information on any networked computer or broadcast it in any media; and (iv) make any additional representations or warranties relating to such documents.
3.4. You undertake and warrant that you will not use the Website, Services and Contents for any purpose or in any manner that constitute infringements of our or any our licensor’s Intellectual Property Rights.
3.5 Regarding S Ecosystem’s Intellectual Property Rights on the trade names, trademarks, service marks and logo, your access or use of the Website, Services and Contents shall not be construed as granting by implication, estoppel or otherwise, any license or right to use the S Ecosystem’s Intellectual Property Rights without S Ecosystem’s prior written consent. Any use of S Ecosystem’s Intellectual Property Rights without S Ecosystem’ written consent is unlawful and expressly prohibited.
3.6 If you have, or S Ecosystem in its sole discretion is of the view that you have violated or infringed or may violate or infringe our or our licensor’s Intellectual Property Rights, we shall be entitled, at our discretion to terminate or suspend service and/or access to this Website (or any portion thereof) and/or your account.
3.7 If you notice or believe that our or our licensor’s Intellectual Property Rights on the Website is being infringed by a user of this Website, please contact us in the manner provided in Clause 20.
4. Use of Website and Disclaimer
4.1 The information from or through the Website, Services and Content are provided “as-is,” “as available” and “with all faults”. The Website, Services and Contents may contain bugs, errors or other limitations and may be out of date and you may experience interruptions to the Website and Services. We may use third-party service providers to monitor and analyse the use of our Service.
4.2 Your use of and access to the Website and Services and reliance upon the Content on the Website shall be at your own risk, and you are solely responsible for all acts or omissions that occur when using the Website and Services. You agree that it is your responsibility to monitor any changes to the information and material contained on this Website, and you acknowledge that the access to and use of Website and Services may not be secure. You must take your own precautions to ensure that the process which you use to access this Website or any Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
4.3 S Ecosystem does not guarantee (i) that you will have access to the Website and Services at all times, (ii) that this Website will meet your requirements and will be uninterrupted, timely, secure, problem-free, error free, updated or that defects in this Website will be corrected; and (iii) as to the results that may be obtained from the use of this Website or as to the correctness, completeness, accuracy or reliability of any Contents and information obtained through this Website.
4.4 Without limitation to the foregoing, S Ecosystem disclaim all warranties, express, implied or statutory with respect to the Website, Services and Content to the fullest extent permitted by laws including but not limited to the disclaimer of all warranties of:-
(a) safety, legality, merchantability, satisfaction, fitness for a particular use or purpose, title, non-infringement of Intellectual Property Rights and compatibility of the Services;
(b) the security, continuity, availability, accessibility, timeliness, error-free and uninterrupted use of the Services;
(c) the truth and accuracy of the Content or subsequent modifications thereto;
(d) the actions and omissions of users whether occurred on or outside the Services;
(e) any deletion, non-delivery or failure to store any user communications or personalised settings;
(f) the inability to use the Services or inability to receive any messages received or transactions entered through the Services;
(g) the accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be corrected;
(h) any implied warranty arising from the course of dealing or trade; and
(i) any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of S Ecosystem.
4.5 In no event shall S Ecosystem, its subsidiaries and affiliates, our third party service-provider and their respective officers, agents, partners and employees (collectively referred to as “Affiliated Parties”) have liability whatsoever for your use of Website and Services or reliance of the Content. In particular, but not as a limitation, we and our Affiliated Parties are not liable for any direct, indirect, special, incidental, punitive, exemplary or consequential loss and damage (including without limitation damages for loss of business, loss of revenue, loss of profits, loss of goodwill, loss of use, business interruption, litigation or other intangible losses) suffered or incurred by you arising out of or in connection with this Website and Services (including without limitation use, access, interruption, interference or damage to your own computer system, inability to use or the results of use) whether such damages are based on breach of contract, breach of warranty, tort (including negligence), statute (to the fullest extent permitted by law), product liability or any other legal theory and even if we have been advised of or should have known of the possibility of such damages. You hereby release S Ecosystem fully from any liability, disputes, claims, demands and/or damages of any kind arising from or in any way connected to the use of the Website and Services. The negation of damages set forth herein are fundamental elements of the basis of the bargain between us. This Website and the information would not be provided without such limitations. Should you feel dissatisfied with all or any part of the Website, your only course of remedial action is to stop using all or part of the Website and Services as limitation of remedies constitutes part of your agreement with S Ecosystem with regard to usage of this Website.
4.6 None of our agents or representatives is authorised to make any warranties, representations or statements regarding any information on the Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.
4.7 No advice or information, whether oral or written, obtained by you through the Website or from S Ecosystem or the Affiliated Parties shall create any warranty, representation or guarantee not expressly stated in these Terms of Use and we shall disclaim all equitable indemnities. We further disclaim all liability in relation to any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website and all information or materials posted by advertisers or sponsors on the Website, if any.
4.8 The information on the Website is directed solely at persons accessing the Website from Malaysia. We make no representation that any product or service referred to on the Website is available or appropriate for use for any other location.
4.9 The Website and Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Website and Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right and capacity to enter into this agreement and abide by all of the S Ecosystem Terms and Conditions. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Website and Service.
5. Prohibited Use
5.1 You shall use the Website and Services for personal use and lawful purposes only in accordance with these Terms of Use. You expressly acknowledge, undertake, warrant and/or agree that:-
(a) you will not use the Website and Services for any purposes against public interest, public order or national harmony or for any unlawful matters or purposes;
(b) you will not use the Website and Services to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any kind or nature;
(c) you will not use the Website and Services to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;
(d) you will not use the Website and Services to transmit junk mail, spam, chain letters or unsolicited mass distribution of email or for any commercial purposes;
(e) you will not use the Website and Services to impersonate any other person or to create a false identity;
(f) you will notify S Ecosystem immediately of any unauthorised use or any other breach of security;
(g) you will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation;
(h) you will not disrupt or undermine the security of the various networks and systems that are connected to the Website and Services, or violate the regulations, policies, or procedures of such networks or systems;
(i) you will not use the Website and Services for any fraudulent, illegal or improper purposes or activities or to violate anybody’s rights or in any way which may affect other users’ enjoyment of or access to the Website and Services or cause annoyance, embarrassment, distress, annoyance, harassment, irritation, nuisance, inconvenience or anxiety to any person or entity;
(j) you will not use the Website in a way that would infringes our or any third party’s Intellectual Property Rights, legal rights and interests; and
(k) you will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Website and Services.
5.2 Additionally, you agree not to:
(a) use the Website and Service in any manner that could disable, overburden, damage or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service;
(b) use any robot, spider or other automatic device, process or means to access Service for any purpose, including monitoring or copying any of the material on Service;
(c) use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
(d) use any device, software or routine that interferes with the proper working of Service;
(e) introduce any viruses, trojan horses, worms, time bombs, logic bombs, cancelbots or other similar harmful or damaging programming routines that are malicious or technologically harmful which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
(f) attempt to gain illegal or unauthorized access to, interfere with, damage, or disrupt any parts or component of the Website of Service, the server on which Service is stored, or any server, computer or database connected to Service; the network or any third party equipment, accounts, systems or networks to which you can connect through the Website and Services directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on S Ecosystem or its service providers’ servers or network;
(g) attack the Website and Service via a denial-of-service attack or a distributed denial-of-service attack;
(h) take any action that may damage or falsify our company rating; and
(i) any other attempt to interfere with the proper working of Website and Service.
6. Account, Password and Security
6.1 All or part of the Services may only be available to you if you have an account. In such circumstances, you may be required to register an account by providing certain personal details and create your password in order to access certain Services. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is true, accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on Service.
6.2 You shall at all times keep the personal identification and password created confidential and not release the password to any person. You are fully responsible for protecting and maintaining the confidentiality of your account information and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept full responsibility and liabilities for any and all activities or actions that occur under your account and/or password, in the event that you fail to maintain the security and confidentiality of such information, whether your password is with our service or a third-party service.
6.3 If you find that or should you have any reason to believe that your account has irregularities or abnormalities, including but not limited to (i) the password being changed; (ii) the account being logged in to or used by unauthorized persons; (iii) your password has been misused and/or compromised whether by theft, fraud or otherwise; (iv) any other breach of security or unauthorized use of your account; or (v) other security information for this Website has been breached in any way, you shall notify S Ecosystem immediately upon becoming aware of such irregularities or abnormalities and you may proceed to change your password. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to S Ecosystem or other visitors to this Website, you shall be held liable for such damages.
6.4 S Ecosystem shall not be liable for any loss or damage which you and/or any third party suffers or may suffer as a result of instructions or transactions transmitted via the Services after successful usage of your password whether or not such usage was authorized by you. You shall keep S Ecosystem fully indemnified against all loss or damage which S Ecosystem suffers or may suffer in connection, whether directly or indirectly, with usage of your password whether by you or any third party, authorized or otherwise.
6.5 S Ecosystem reserves the right to remove or edit content, invalidate, terminate or suspend your account or require that you change your password or restrict or terminate your access to this Website or refuse Services, as we deem reasonably necessary at any time without being obliged to offer you any explanation or prior notice. S Ecosystem shall not be liable for any loss or damage which you may suffer as a result of such invalidation, suspension, restriction and/or termination.
6.6 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
6.7 Any password or right given to you to use the Website or to obtain information or documents is not transferable and may only be used by you. In addition, you shall not use anyone else’s identity, account or password at any time without the express permission of the account holder. If your failure to comply with this clause leads to any damage or loss, S Ecosystem shall not assume responsibility for such losses.
7. Rights of S Ecosystem
7.1 We reserve the right to perform the following actions at any time in our sole discretion without giving notice to you:-
(a) suspend, discontinue or terminate operation or access to all or any part of the Website, Services and/or Contents at any time irrespective of the reason;
(b) edit, delete, modify, fix or alter all or part of the Content of this Website as well as any applicable policies, terms or clauses;
(c) suspend operation of all or part of the Website for the purposes of maintenance, alteration of errors or other such changes at regular or irregular intervals;
(d) withdraw or amend our Service, and any service or material we provide via Service;
(e) restrict access to some parts of Services or the entire Services to users, including registered users; and/or
(f) establish general practices and limits concerning use of this Services, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Services, in a given period of time.
We shall not be liable to you for taking any of the above actions for any reason at any time or for any period.
7.2 You agree that S Ecosystem can solely decide, without prior notification, to terminate your access to all or part of this Website’s functions, for reasons including but not limited to:-
(a) in response to the requests of law enforcement agencies or other government institutions;
(b) in response to your own request;
(c) the suspension or major modification of this Website or any of its services; or
(d) unforeseeable technical issues.
7.3 Notwithstanding anything provided herein, S Ecosystem reserves the right to modify for any reason whatsoever or suspend or terminate (temporarily or permanently) the Website or Services or your access to the Website and the Services at any time without notice for no reason. You agree that S Ecosystem shall not be liable to you or to any other party for such modification, suspension or termination of the Website and Services.
7.4 Your use of the Website and Services may be terminated or removed, disabled access and/or suspended with immediate effect in the event of violation, abuse and/or misuse (actual or potential) of the S Ecosystem Terms and Conditions. While we are not obligated to perform investigations, S Ecosystem reserves the right to:-
(a) investigate the aforesaid violations, misuse and/or abuses whereby you shall fully cooperate with S Ecosystem’ investigations in respect of these matter;
(b) investigate and help prevent security threats, fraud or other illegal, malicious, or inappropriate activity; and
(c) report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other appropriate third parties. S Ecosystem’s reporting may include disclosing appropriate information that you may have provided. S Ecosystem also may cooperate with appropriate law enforcement agencies, regulators or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations, misuse and/or abuses of this S Ecosystem Terms and Conditions.
7.5 If we have reason or cause to suspect that you are not complying with your responsibilities and obligations under these Terms of Use, you may be required to cease utilizing the Website and Services or any part thereof for such period as may be required by S Ecosystem. You shall comply with all notices or directions relating to your use of the Services as we may see fit to issue from time to time.
7.6 By accessing and using the Website and Services, you agree to waive and hold S Ecosystem harmless from any claims relating to any action taken by S Ecosystem under this Clause or these Terms of Use including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to Content, account, products or services, suspending or terminating the Services, or other appropriate action in relation to any suspected or alleged breach of this Terms of Use.
8. External Links
8.1 This Website may contain links to independent third-party websites (“Linked Sites”). Such Linked Sites are provided only for the convenience of visitors to this Website. S Ecosystem does not own, control and operate any of the Linked Sites and is not obligated to review any Linked Sites.
8.2 S Ecosystem assumes no responsibility and do not give any express or implied guarantees (including warranties of title, fitness for purpose, merchantability or non-infringement), representation and endorsement regarding the content, services and information provided on the Linked Sites, nor should these links be deemed as a recommendation or authorization by S Ecosystem with regard to the Linked Sites. These Terms of Use are not applicable to your use of any such Linked Sites and you shall be deemed subject to the privacy policies and terms and conditions of those Linked Sites.
8.3 You can visit any and all of the Linked Sites entirely at your own discretion and risk and S Ecosystem shall assume no responsibility for the outcome of any such interactions. If you use these links, you will leave this Website. You acknowledge and agree that S Ecosystem shall not be responsible or liable, directly or indirectly, for any losses and damage caused or alleged to be caused by or in connection with your access and use of or reliance on the Linked Sites or information appearing on Linked Sites or any other website linked to our Website, if any.
8.4 S Ecosystem shall be entitled to remove, deny access to, suspend or terminate any Linked Sites anytime without any liability to you.
9. Privacy Notice and Data Processing
9.1 This Website is subject to S Ecosystem’s Privacy Notice, the details of which can be viewed by selecting “Terms & Conditions” at the bottom of this Website. We reserve the right to change the Privacy Notice from time to time without notice or liabilities to you. By agreeing to these Terms of Use, you acknowledge that S Ecosystem may collect, use and disclose your information as described in our Privacy Notice.
9.2 You confirm that you have read and agree with the Privacy Notice, and you authorize and consent S Ecosystem to use, process, transfer and assign all information provided by you on the Website in any manner consistent with our Privacy Policy. You are required to provide accurate and complete information to us and inform us immediately of any changes in your personal data or information given to us.
9.3 We will only process your personal data on your express consent and ensure that appropriate technical and organisational measures are in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data. We are committed to safeguarding your privacy online and have taking steps to ensure that reasonable measures to prevent unauthorised access, disclosures, loss or thefts of personally identifiable information collected and transmitted through the Website and Services. However, it should be noted that the network link and data transmitted between yourself and this Website and Services are neither completely safe nor confidential, and it is possible that information and data you send to this Website could be intercepted by others. S Ecosystem is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this Website and S Ecosystem shall not be liable to you if you suffer loss or damage as a result thereof.
10. Liability
10.1 S Ecosystem shall not be liable to you or any other party in contract, tort (including negligence) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect, derivative, collateral, special, incidental, consequential or punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Website and Services, whether or not S Ecosystem should have aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. We disclaim any and all liability to the fullest extent allowed by law.
10.2 S Ecosystem shall not be liable for any failure of the Website or Services to perform its function herein caused by computer software malfunction, electrical power failure and/or interruption or disruption of S Ecosystem’ network or any cause outside S Ecosystem’ reasonable control.
10.3 S Ecosystem may not, as a matter of applicable law, disclaim, exclude or limit certain warranties or liabilities for certain damages. Accordingly, where a court or an arbitrator holds or finds S Ecosystem liable to you for any breach or default, you agree that the scope of such warranty and the maximum amount of damages payable by S Ecosystem shall be limited to the minimum scope and amount provided by such applicable law to the fullest extent by such applicable law. Limitation of liability stipulated in this Clause shall be applicable, irrespective of whether the loss is due to breach of contract, breach of guarantee, errors or infringements, negligence or misrepresentation, strict liability or any other reasons.
11. Indemnification
In the event of any third-party request, loss, liability, proposition, or expense (including lawyer’s fees) brought against S Ecosystem arising from or relating to your usage of this Website, you agree to indemnify, defend and hold harmless S Ecosystem and our Affiliated Parties in full from and against any and all claims, liabilities, damages, losses, costs, expenses, demands, actions, penalties or fees (including reasonable attorneys’ fees) that S Ecosystem may incur as a result of or arising out of or on connection with your (or anyone using your account’s) access or use of the Website and/or Service, your negligence or any omission, act or breach or violation of this Terms of Use by you or any other persons using your account (whether or not expressly authorised by you). S Ecosystem reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to co-operate with S Ecosystem’s defence of such claim.
12. Feedback
12.1 Certain areas of this Website (e.g. quick chat, messenger, ratings and review, contact form and email support) and any other forum, channel or medium may permit you to post, submit or send us suggestions, ideas, notes, concepts, feedback, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (each, a “Feedback”). You agree that you are solely responsible for all of your Feedbacks and the content which you post or transmit through the Website or actions that are performed via your account including its legality, reliability, and appropriateness. Any such Feedback is considered both non-confidential and non-proprietary. Further, you acknowledge and agree that you shall not retain, acquire or assert any Intellectual Property Right or other right, title or interest in or to the Feedback and you shall not have any recourse through S Ecosystem or any third party to edit or delete any Feedback you have submitted.
12.2 By submitting the Feedback, you undertake, represent and warrant that your Feedback and/or any information contained in your Feedback is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms of Use, and that Feedback:-
(a) does not infringe the Intellectual Property Rights, privacy rights, publicity rights, contract rights or any other legal or moral rights of any person or entity. We reserve the right to terminate your account if your Feedback infringes any of the aforementioned rights;
(b) does not violate any laws and regulations including without limitation the Communications and Multimedia Act 1998;
(c) is not false, inaccurate, misleading, illegal and/or unlawful;
(d) is not and may not reasonably be considered to be defamatory, offensive, indecent, objectionable, libellous, infringing, abusive, threatening, harmful, hateful, racially, sexually, ethnically, religiously or otherwise biased or offensive, harassing or harmful to any individual, partnership or corporation, vulgar, pornographic, obscene or privacy invasive;
(e) does not incorporate materials from a third-party web site or addresses, email addresses, contact information or phone numbers other than your own;
(f) does not contain any viruses, worms, spyware, adware or other potentially damaging programs or files;
(g) does not contain any information of you or any third party that is confidential, proprietary, personal or otherwise objectionable material of any kind or nature; and
(h) does not contain or constitute any unsolicited or unauthorized publishing, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
12.3 You further represent and warrant that you own or otherwise control all the rights to the Feedback that you post; that the Feedback is accurate; that the use of the Feedback you supply does not violate the S Ecosystem Terms and Conditions and will not cause injury to any person or entity.
12.4 All Feedback shall be deemed and shall remain our sole and exclusive property and shall not be subject to any obligation of confidentiality on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Feedbacks and shall be entitled to unrestricted and free use of the Feedbacks for any purpose whatsoever, without compensation to the provider of the Feedbacks and including to:-
(a) use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform and publicly display your Feedbacks or any modification thereto in whole or in part, in any format or medium now known or later developed;
(b) use, disclose to and permit any third-party to use your Feedback in any manner and for any purpose including without limitation commercial purposes that S Ecosystem deems appropriate in its sole discretion, without obligation of confidence on the part of S Ecosystem and the recipient; including without limitation to incorporate your Feedback or any modification thereto, in whole or in part, into any technology, product or service; and
(c) display advertisements in connection with your Feedback and to use your Feedback for advertising and promotional purposes.
12.5 In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant to S Ecosystem and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
12.6 S Ecosystem has the right but not the obligation to pre-screen, monitor and edit all Feedback submitted to the Website or channel and medium through which Feedback may be submitted. S Ecosystem is not required to host, display or distribute any Feedback on or through this Website as it is up to S Ecosystem to decide whether any of the Feedback is prohibited. S Ecosystem may remove, refuse, modify or deny access to the Feedback at any time for any reason. S Ecosystem is not responsible for any loss, theft, or damage of any kind to any Feedback.
12.7 We take no responsibility and assume no liability for Feedback you or any third-party posts on or through the Website. You shall indemnify, defend and hold harmless S Ecosystem and our Affiliated Parties in full from and against any and all claims, liabilities, damages, losses, costs, expenses, demands, actions, penalties or fees (including reasonable attorneys’ fees) that S Ecosystem may incur as a result of or arising out of or on connection with your (or anyone using your account’s) Feedback.
12.8 In addition, you shall not distribute, modify, transmit, reuse, download, repost, copy or use said Feedback, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
13. Breach and Termination
13.1 We may terminate or suspend your account and bar access to Website and Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever including but not limited to a breach or deems breach of any of these Terms of Use. If S Ecosystem revokes your access to this Website as a result of you having breached these Terms of Use, S Ecosystem assumes no liability towards you or any third-party. Nothing herein contained shall be construed to limit our right to seek all remedies available at law and in equity for violations of these S Ecosystem Terms and Condition.
13.2 If you wish to terminate your account, you may simply discontinue using Service.
13.3 All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Assignment
14.1 You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of S Ecosystem, and any assignment or transfer in violation of this provision shall be null and void.
14.2 You agree and consent that we may assign all or any part of our rights under the Terms of Use to our related corporations or any third party with or without notice in writing to you.
14.3 You further agree and consent that we may novate all or any part of our rights and/or obligations under the Terms of Use to our related corporations or any third party with or without notice in writing. Your continued usage of the Website and Services will be deemed as your consent to such novation.
15. Notices
Any notices or Feedback to be given to you may be given in such manner as provided in Clause 20. We may respond to you by e-mail or by posting notices on this Website or any other electronic means. You agree that all such notices, disclosures and other communications that S Ecosystem provides to you electronically satisfy any legal requirement that such communications be in writing.
16. Entire Agreement
S Ecosystem Terms and Conditions constitutes entire, exclusive, final, complete and only agreement and understanding between us and you with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or negotiations between you and us with respect to the same. You acknowledge that by entering into these Terms of Use, neither you nor we have relied on any representations, warranties and undertaking given by the other or implied from anything said or written between you and us, except as expressly stated herein the Terms of Use.
17. Choice of Law and Venue
By accessing and using the Website and/or Services, you agree that such access and/or use, as well as these Terms of Use shall be governed by and will be construed in accordance with the laws of Malaysia notwithstanding that it is or may be accessible or viewed in any other jurisdiction. You irrevocably agree to the exclusive jurisdiction by the Malaysian Courts to settle any dispute which may arise out of, under or in connection with these Terms of Use.
18. Miscellaneous
18.1 The use of the Website and Services are subject to S Ecosystem Terms and Conditions. If there is any conflict or inconsistency between these Terms of Use with any of the S Ecosystem Terms and Conditions, such conflict or inconsistency will be resolved in a manner most favourable to S Ecosystem.
18.2 No delay or indulgence by S Ecosystem in enforcing any terms or conditions of this Terms of Use nor the granting of time by S Ecosystem to you shall prejudice the rights or powers of S Ecosystem nor shall any waiver by S Ecosystem of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
18.3 If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
18.4 The Website and Services may be accessed throughout Malaysia and overseas. S Ecosystem makes no representation that the content of the Website and/or Services complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the Website and/or Services from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
18.5 Any cause of action or claim you may have with respect to these Terms of Use or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
18.6 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
19. Contact
If you have any questions or Feedback regarding these Terms of Use or you wish to report abuse of these Terms of Use, please contact us:-
(a) by calling +60162999364 during operation hours 9.30am – 5.30pm from Monday to Sunday excluded Public Holidays;
(b) by emailing to support@seco.com.my;
(c) by sending message using the contact form on Website;
(d) other means of communications as maybe prescribed by S Ecosystem from time to time.
20. Communication
By using our Website and Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or by emailing at support@seco.com.my.
