Definitions and Interpretation
- Except where the context otherwise requires, words denoting the singular shall include the plural and vice versa; words denoting any gender shall include all genders; words denoting persons shall include firms and corporations and vice versa; and
Account and User
- This Platform may be used by you in your individual capacity or as a representative of a business entity.
- share or permit others to use your Account or Password; or
- assign or otherwise transfer your Account to any other person or entity.
- You shall be solely responsible for maintaining the confidentiality of your Password. You shall promptly notify Plus Xnergy of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.
- You shall be bound by and responsible for all communications (including all User Content) transmitted through the use of your Account, and all such communications shall be deemed to be communications made and issued by you.
- Plus Xnergy shall have no responsibility or liability for any losses, damages, costs, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
Use of the Account
- In accessing the Platform and/or using the Service, you agree that you shall:
- 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 Service;
- not use the Service for any fraudulent, illegal or improper purposes or activities or to violate any party's rights or in any way which may affect other users' enjoyment of or access to the Service;
- not use the Service 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 nature;
- not use the Service to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;
- not use the Service in a manner that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
- not disrupt or undermine the security of the various networks and systems that are connected to the Service, or violate the regulations, policies, or procedures of such networks or systems;
- not use the Service to transmit bulk unsolicited email or for any commercial purposes; and
- not use the Service to impersonate any other person or to create a false identity.
Rights of Plus Xnergy
- Plus Xnergy shall have the following rights:
- to refuse, remove, modify or deny access to any Content, including without limitation such Content that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights;
- monitor all User Content transmitted or received through any form. Plus Xnergy may at its sole discretion and without prior notice review, remove or otherwise block any User Content; and
- to access to your Account and records as reasonably necessary to investigate complaints.
- The Content in the Platform are protected by copyright, trademarks and/or other intellectual property rights and other relevant laws of Malaysia. You may view the Content and use the Service for personal and non-commercial purposes. Any Content on the Platform shall not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without the prior written consent from Plus Xnergy.
- You shall not upload, post or otherwise make available on the Platform any Content protected by copyright, trademark or other proprietary right without the express permission of the proprietor of the copyright, trademark or other proprietary right. The burden of determining that any such Content is not protected by copyright, trademark or other proprietary rights is upon you. By submitting the User Content to the Platform, you represent and warrant that you own or otherwise control all the rights to the User Content that you post and that the Content is accurate.
- By submitting the User Content, you agree to grant Plus Xnergy a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the User Content whether in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such information or material.
- You shall be solely liable for any loss, damage, cost and expenses resulting from any infringement of copyrights, trademark, proprietary rights, or any other harm resulting from such a submission.
- Whilst Plus Xnergy had taken all reasonable precautions to ensure that any information provided on the Platform is free of viruses that may interfere with or damage the operations of your Computer, nonetheless, Plus Xnergy excludes all forms of liability, to the maximum extent permitted under applicable laws, for loss or damage, caused by or resulting from interference with or damage to your Computer which occur in relation with use of the Platform, whether through a computer virus or otherwise howsoever occurring.
- We do not guarantee that access to or use of the Service will be uninterrupted or error free, bugs or malfunctions will be corrected, or that the Platform and its servers are free of harmful components.
- We do not guarantee that the uses of the Platform, or Plus Xnergy’s Content are accurate, without error or reliable.
- We do not guarantee that you will have access to the Service at all times. You may experience interruptions to the Service and we will not be liable to you in any manner whatsoever if you suffer loss or damage as a result of these interruptions.
- We disclaim all liability, to any person for all loss or damage of any kind whatsoever including but not limited to personal injury or death to any person or damages to tangible or intangible property, whether these are attributed to or caused by the use of products and/or services offered in the Platform or any linked website, whether direct, indirect or consequential, in respect of anything done or omitted to be done, whether wholly or partly, in reliance upon the whole or any part of the Content within the Platform.
- If any part of the Platform offers you the opportunity to join in or read from a forum, you agree that any communications posted on the forum represent the views of the individual who posted such communication and shall not be taken as the views of Plus Xnergy. We do not accept any responsibility or liability for anything posted on a forum by any user of the forum.
- Plus Xnergy shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use the Platform (or any third party link to or from the Website), reliance on the information contained in the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
- Without prejudice to the foregoing, where a court or an arbitrator holds or finds Plus Xnergy and our respective personnel and/or suppliers liable to you for any breach or default, you agree that the amount of damages payable by Plus Xnergy and our respective personnel and/or service provider to you will not at any time exceed the sum of RM100.00.
Links to Third-Party Websites
- The Platform may be connected to other third party websites. The third party websites are not within the control of Plus Xnergy whereupon we disclaim responsibilities for the contents and functionality of the websites. Your access to such third party websites is solely at your own risk.
Governing Law and Jurisdiction