Terms of
Use
mobileconcepts.com.my
Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
This Terms of Use Agreement (the "Agreement") describes the terms
and conditions applicable to your use of the mobileconcepts.com.my web site
which is identified by the uniform resource locator www.mobileconcepts.com.my
(the"Site"). This Agreement is entered into between you as the user of
the Site (the" User") and MOBILE CONCEPTS (M) SDN. BHD.
("mobileconcepts.com.my").
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who
accesses the Site for whatever purpose, regardless of whether said User has
registered with mobileconcepts.com.my as a registered User. A User includes the
person using this Site and any legal entity which may be represented by such
person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms
and conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in
addition to any terms and conditions that may be applicable to such specific
Premium Service provided, however, that (a) in the event of any conflict or
inconsistency between any provision of the terms and conditions that may be
applicable to such Premium Service and any provision of this Agreement, such
conflict or inconsistency shall (except as otherwise expressly provided or
agreed) be resolved in a manner favorable to mobileconcepts.com.my and/or its
affiliates; and (b) only to the extent that such conflict or inconsistency
cannot be so resolved, the provisions of the terms and conditions applicable to
such specific Premium Service shall prevail.
1.4 mobileconcepts.com.my may amend this Agreement at any time by
posting the amended and restated Agreement on the Site. The amended and restated
Agreement shall be effective immediately upon posting. This Agreement was last
amended on June 1, 2009. Posting by mobileconcepts.com.my of the amended and
restated Agreement and your continued use of the Site shall be deemed to be
acceptance of the amended terms. This Agreement may not otherwise be modified,
except in writing by an authorised officer of mobileconcepts.com.my.
2. Premium Services.
2.1 Access to the Site and certain of its features are provided to all
Users free of charge. However, mobileconcepts.com.my reserves the right, without
prior notice, to restrict access to certain areas or features of the Site
("Premium Services") to paying Users or Users who undergo a specific
registration process. Access to and use of these Premium Services are governed
by additional terms and conditions under separate agreements in addition to this
Agreement.
2.2 mobileconcepts.com.my reserves the right to deny Premium Services to
any User for whatever reason in order to protect the interests of
mobileconcepts.com.my.
3. Users Generally.
3.1 Users may use this Site solely for their own personal or internal
purposes. Each User agrees that it shall not copy, reproduce or download any
information, text, images, video clips, directories, files, databases or
listings available on or through the Site for the purpose of re-selling or
re-distributing the mobileconcepts.com.my Content, mass mailing (via emails,
wireless text messages, physical mail or otherwise), operating a business that
competes with mobileconcepts.com.my, or otherwise commercially exploiting the
mobileconcepts.com.my Content. Systematic retrieval of mobileconcepts.com.my
Content from this Site to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes) without written permission from
mobileconcepts.com.my is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in this Agreement is
prohibited.
3.2 mobileconcepts.com.my may allow Users access to content, products or
services offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise) to such Third Party's web site. You are
cautioned to read such sites' terms and conditions and/or privacy policies
before using such sites in order to be aware of the terms and conditions of your
use of such sites. User acknowledges that mobileconcepts.com.my has no control
over such third party's web site, does not monitor such sites, and
mobileconcepts.com.my shall not be responsible or liable to anyone for such web
site, or any content, products or services made available on such a
website.
3.3 Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees obtained
from the Site, shall not contain any of the materials described in the
provisions of Section 5.4 below.
3.4 mobileconcepts.com.my reserves the right to limit, deny or create
different access to the Site and its features with respect to different Users,
or to change any of the features or introduce new features without prior notice.
Each User acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User hereby
agrees that in no event shall mobileconcepts.com.my be liable to the User or any
third parties for any inability to use the Site (whether due to disruption,
limited access, changes to or termination of any features on the Site or
otherwise), any delays, inaccuracies, errors or omissions with respect to any
communications or transmission, or any damage (direct, indirect, consequential
or otherwise) arising from the use of or inability to use the Site or any of its
features.
3.5 No User shall undertake any scheme to undermine the integrity of the
computer systems or networks used by mobileconcepts.com.my and/or any other User
and no User shall attempt to gain unauthorized access to such computer systems
or networks.
3.6 We urge that you read mobileconcepts.com.my's Privacy Policy which
governs the protection and use of each User's information in
mobileconcepts.com.my's possession. Each User hereby accepts the Privacy Policy
and any updates and amendments thereto. Each User acknowledges that
mobileconcepts.com.my may change the Privacy Policy from time to time provided
that mobileconcepts.com.my shall make available the updated version of the
Privacy Policy on the Site at all times. Your continuation of use of the Site
shall be deemed to be your acceptance of the Privacy Policy which is then
displayed on the Site at the time of such use.
3.7 As a condition of your access to and use of mobileconcepts.com.my,
you agree that you will not use the mobileconcepts.com.my service to infringe
the intellectual property rights or other legitimate rights of others in any
way. mobileconcepts.com.my will in appropriate circumstances terminate the
accounts of Users who are repeat infringers of the copyrights, or other
intellectual property rights, or other legitimate rights of others. In addition,
mobileconcepts.com.my reserves the right to terminate the account of a user upon
any single infringement of the rights of others in conjunction with use of the
mobileconcepts.com.my service, or if mobileconcepts.com.my believes that User's
conduct is harmful to the interests of mobileconcepts.com.my, its affiliates, or
other users, or for any other reason in mobileconcepts.com.my's sole discretion,
with or without cause.
3.8 Please note that your Payment is processed by Mobile88.com Sdn Bhd.
The Name of Mobile88.com will be shown on your Credit Card / Bank Statement and
you will also receive a notification e-mail from Mobile88 on this Transaction.
4. Registered Users
4.1 Each User who has filled out an on-line registration form on the
Site by giving its information (such as name, address, telephone and fax number,
email address, details of its business, etc.) is a registered user of
mobileconcepts.com.my (a "Registered User"). mobileconcepts.com.my will
establish an account ("Account") for each Registered User and each Registered
User will be using its own email address as ("User ID") and password
("Password") for log-in access to its own Account.
4.2 By becoming a Registered User, you consent to the inclusion of your
personal data in our database and authorize mobileconcepts.com.my to share such
information with other Users.
4.3 mobileconcepts.com.my may suspend or terminate a Registered User's
Account at any time by giving no less than 24-hour notice to the Registered
User; provided, however, that notice is not required for such termination if
(a) in mobileconcepts.com.my's determination, there is any breach of the
provisions of this Agreement by the Registered User; or
(b) mobileconcepts.com.my has reasonable grounds to suspect that such
information provided by a Registered User is untrue, inaccurate or is not
current or complete, or
(c) mobileconcepts.com.my believes that the Registered User's actions
may cause financial loss or legal liability to such Registered User,
mobileconcepts.com.my's other Users, or mobileconcepts.com.my or its
affiliates.
4.4 A Registered User may not sell, attempt to sell, offer to sell,
give, assign or otherwise transfer an Account, User ID or Password to a third
party without the prior written consent of mobileconcepts.com.my.
mobileconcepts.com.my may suspend or terminate the Account of a Registered User
or the transferee of a Registered User in the event of a sale, offer to sell,
gift, assignment or transfer in violation of this Section.
4.5 Notwithstanding Section 4.1 above, mobileconcepts.com.my may refuse
registration and deny the issuance of an Account and Password to any User for
whatever reason.
5. Users Who Post Information on mobileconcepts.com.my
5.1 You must be a Registered User in order to post information on the
Site. Your status as a Registered User is governed by the provisions of Section
4 above and any terms and conditions applicable to the relevant Premium
Service.
5.2 No sales agency relationship is created between any User and
mobileconcepts.com.my, our affiliates, directors, officers or employees by
virtue of mobileconcepts.com.my's display of any of the User's information on
the Site.
5.3 Each User hereby represents warrants and agrees that information
submitted to mobileconcepts.com.my for display on the Site shall not:
5.4 mobileconcepts.com.my reserves the right in its sole discretion
to remove any material displayed on the Site which it reasonably believes is
unlawful, could subject mobileconcepts.com.my to liability, violates this
Agreement or is otherwise found inappropriate in mobileconcepts.com.my's
opinion. mobileconcepts.com.my reserves the right to cooperate fully with
governmental authorities, private investigators and/or injured third parties in
the investigation of any suspected criminal or civil wrongdoing. Furthermore,
mobileconcepts.com.my may disclose the User's identity and contact information,
if requested by a government or law enforcement body, an injured third party, or
as a result of a subpoena or other legal action, and mobileconcepts.com.my shall
not be liable for damages or results thereof and User agrees not to bring any
action or claim against mobileconcepts.com.my for such disclosure. In connection
with any of the foregoing, mobileconcepts.com.my may suspend or terminate the
Account of any User as mobileconcepts.com.my deems appropriate in its sole
discretion. User agrees that mobileconcepts.com.my shall have no liability to
User, including no liability for consequential or any other damages, in the
event mobileconcepts.com.my takes any of the actions mentioned in this Section,
and that User agrees to bear the risk that mobileconcepts.com.my may take such
actions.
6. Transactions between Buyers and Mobile Conceptss Sdn Bhd.
6.1 Users are solely responsible for all of the terms and conditions of
the transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
7. Limitation of Liability
7.1 The features and services on the Site are provided on an “as is” and
“as available” basis, and mobileconcepts.com.my hereby expressly disclaims any
and all warranties, express or implied, including but not limited to any
warranties of condition, quality, durability, performance, accuracy,
reliability, merchantability or fitness for a particular purpose. All such
warranties, representations, conditions, undertakings and terms are hereby
excluded.
7.2 mobileconcepts.com.my makes no representations or warranties about
the validity, accuracy, correctness, reliability, quality, stability,
completeness or currentness of any information provided on or through the Site.
mobileconcepts.com.my does not represent or warranty that the manufacture,
importation, distribution, offer, display, sale and/or use of products or
services offered or displayed on the Site does not violate any third party
rights; and mobileconcepts.com.my makes no representations or warranties of any
kind concerning any product or service offered or displayed on the
Site.
7.3 Any material downloaded or otherwise obtained through the Site is
done at each User's sole discretion and risk and each User is solely responsible
for any damage to its computer system or loss of data that results from the
download of any such material. No advice or information, whether oral or
written, obtained by any User from mobileconcepts.com.my or through or from the
Site shall create any warranty not expressly stated
herein.
7.4 Under no circumstances shall mobileconcepts.com.my be held liable
for an delay or failure or disruption of the content or services delivered
through the Site resulting directly or indirectly from acts of nature, forces or
causes beyond its reasonable control, including without limitation, Internet
failures, computer, telecommunications or any other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms, explosions,
acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties.
7.5 Each User hereby agrees to indemnify and save mobileconcepts.com.my,
its directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise
from such User's use of the Site (including but not limited to the display of
such User's information on the Site) or from its breach of any of the terms and
conditions of this Agreement. Each User hereby further agrees to indemnify and
save mobileconcepts.com.my, its directors, officers and employees harmless, from
any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from User's breach of any representations and
warranties made by User to mobileconcepts.com.my, including but not limited to
those set forth in Sections 5.1, 5.2, 5.3 and 5.4 above. Each User hereby
further agrees to indemnify and save mobileconcepts.com.my, its directors,
officers and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third Party Rights claimants
or other third parties relating to products offered or displayed on the Site.
mobileconcepts.com.my reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with mobileconcepts.com.my in
asserting any available defenses.
8. Intellectual Property Rights
8.1 MOBILE CONCEPTS (M) SDN. BHD. is the sole owner or lawful licensee
of all the rights to the Site. The Site and mobileconcepts.com.my Content embody
trade secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property rights
in the Site and mobileconcepts.com.my Content shall remain with
mobileconcepts.com.my or licensors of the mobileconcepts.com.my Content, as the
case may be. All rights not otherwise claimed under this Agreement or by
mobileconcepts.com.my are hereby reserved.
8.2 "MOBILECONCEPTS.COM.MY" and related icons and logos are registered
trademarks or trademarks or service marks of MOBILE CONCEPTS (M) SDN. BHD.
(623856-D) in various jurisdictions and are protected under applicable copyright,
trademark and other proprietary rights laws. The unauthorised copying,
modification, use or publication of these marks is strictly prohibited.
9. Notices
9.1 All notices or demands to or upon mobileconcepts.com.my shall be
effective if in writing and shall be duly made when sent to
mobileconcepts.com.my in the following manner: to MOBILE CONCEPTS (M) SDN. BHD,
Suite 2204-05, 22nd Floor, Central Plaza, 34, Jalan Sultan Ismail, 50250 Kuala
Lumpur.
9.2 All notices or demands to or upon a User shall be effective if
either delivered personally, sent by courier, certified mail, by facsimile or
email to the last-known correspondence, fax or email address provided by the
User to mobileconcepts.com.my, or by posting such notice or demand on an area of
the Site that is publicly accessible without a charge. Notice to a User shall be
deemed to be received by such User if and when
10. General
10.1 Subject to any additional agreements relating to Premium Services,
this Agreement and the Privacy Policy constitute the entire agreement between
the User and mobileconcepts.com.my with respect to and governs the use of the
Site, superseding any prior written or oral agreements in relation to the same
subject matter herein.
10.2 mobileconcepts.com.my and the User are independent parties, and
no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
10.3 If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced.
10.4 Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such
section.
10.5 mobileconcepts.com.my's failure to enforce any right or failure to
act with respect to any breach by a User under this Agreement will not waive
that right nor waives mobileconcepts.com.my's right to act with respect with
subsequent or similar breaches.
10.6 This Agreement shall be governed by the laws of Malaysia without
regard to its conflict of law provisions. The parties to this Agreement hereby
submit to the exclusive jurisdiction of the courts of
Malaysia.