| USER’S TERMS OF USE |
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| 1. |
ACCEPTANCE OF THIS USER’S TERMS OF USE |
| 1.1 |
This User’s Terms of Use applies to all User (as hereinafter defined) of the Platform (as
hereinafter defined) and constitutes a legal agreement between yourself and GATES IT
Solution Sdn Bhd (hereinafter collectively referred to as “GATES”, “we”, “us” or “our”)
governing your access to and use of the Platform and enjoy our Services (as hereinafter
defined).
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| 1.2 |
By accessing and using the Platform, you are deemed to have read, understood and
agreed to be bound by this User’s Terms of Use without limitation or qualification
notwithstanding the fact that you have not read this User’s Terms of Use.
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| 1.3 |
GATES reserves the right to amend any part and/or all of this User’s Terms of Use from
time to time at GATES’s sole and absolute discretion without prior notice to you. The most
current version of this User’s Terms of Use will be published on the Platform and any such
amendment will be effective upon our posting of the amended User’s Terms of Use on
the Platform. You are advised to check from time to time should there is any amendment
made by us towards this User’s Terms of Use. Any continued access or use of the Platform
by you on and after the date of such amendments signifies your agreement towards such
amendments and your access and use of the Platform will be bound by such amended
User’s Terms of Use. GATES shall not be liable on any ground due to such amendments.
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| 1.4 |
Please read this User’s Terms of Use carefully. If you do not agree to or are not satisfied
with any of the terms of this User’s Terms of Use, please discontinue from accessing or
using the Platform immediately and if you have User Account (as hereinafter defined),
please deactivate the same.
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| 2. |
DEFINITIONS |
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In this User’s Terms of Use, unless the context otherwise provides, the following words
and expressions shall have and be deemed to have the following meanings:
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“Device”
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means an electronic device together with its accessories
including but not limited to computer, laptop, smartphones or
handheld tablets used by you to access the Platform and/or use
the Services;
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“Force Majeure event”
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means any events or series of events beyond the reasonable
control of a party including (without limitation) acts of
government, change of governmental policy, national disorder,
declaration of a state of national emergency, significant
economic downturn, outbreak of infectious diseases of
epidemic proportions, strikes, lock-outs, fire, explosion,
flooding, civil commotion, acts of war, sabotage, acts of God,
acts of terrorism or accidents which has or is likely to have the
effect of making any material part of this User’s Terms of Use
incapable of performance on its terms;
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“GATES Content”
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means any data, information or other content which includes
without limitation, any components, location information,
information, data, text, features, internet-based services,
photographs, programmes, software, scripts, tools, graphics,
interactive features generated and any updates, provided or
otherwise made accessible by GATES on or through the Services
via the Platform;
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“Intellectual Property Rights”
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means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright which
include the source codes and object codes of the Software,
trade mark, industrial design, patent, business method, domain
name, trade secret and any other intellectual property right in
any field or industry and “Intellectual Property” means
property created or arising from any such rights;
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“Licensing and Services Agreement”
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refers to the licensing and services agreement entered into
between GATES and the relevant local authority;
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“Loss”
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means any and all losses, damages (financial and otherwise),
claims, costs, charges, taxes, duties, levies, penalties and/or
expenses of whatsoever nature, including legal fees on a full
indemnity basis;
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“Platform”
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refers to any website, mobile site and/or applications
developed, owned and operated by GATES and/or our group of
companies and/or affiliates (if any), which may be accessed and
utilized by you in accordance with this User’s Terms of Use
which consists of the Platform Content and Services;
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“Platform Content”
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means all of the text, images, photos, audio, video, location
data, and all other forms of data or communication that is
made available in connection with the Platform, including
GATES Content, User Content and/or Third Party Content;
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“Privacy Policy”
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refers to our Privacy Policy which is accessible via ●;
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“Services”
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means the products, services, features, content, applications or
widgets offered by GATES and any other products or services
as may be introduced by us from time to time via the Platform
for the purpose of enforcement of business premises licenses
by the local authority;
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“Software”
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means the software in respect of the Platform owned by GATES
together with any enhancement, modification, alteration,
updates, new releases made to the Software (if there is any);
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“Third Party Content”
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means any text, images, photos, audio, video, location data,
and all other forms of data or communication that originates
from third party(ies) other than GATES or the User, which is
made available in connection with the Platform (if any);
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“User”, “You/you” or “Your/your”
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refers to you or any other person or entity having access and use the Platform;
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“User Account”
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means your account to access the Platform and use the Services;
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“User Content”
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means any text, images, photos, audio, video, location data,
and all other forms of data or communication that the User
submit or transmit to, through, or in connection with the
Platform; and
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“User’s Terms of Use”
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means the User’s terms of use mentioned herein. For the
avoidance of doubt, any reference to the term “this User’s
Terms of Use” herein shall include the terms and conditions in
the Privacy Policy, the Licensing and Services Agreement and all
other operating rules, policies and procedures (including but
not limited to those governing the services, features and
functions offered through the Platform) that may be published
from time to time on the Platform without prior notice to you
as well as any amendments or variations which may be made
to the same from time to time.
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| 3. |
USER ACCOUNT AND ELIGIBILITY |
| 3.1 |
To use and enjoy the Services, you must first create a User Account via the Platform. The
creation of the User Account shall be made by you in the manner as may be guided by the
on-screen prompts of the Platform. You may be required to provide GATES with your
identification information which shall, in GATES’s sole opinion, be required in order for
GATES to effectively create your User Account. This information will be dealt with by
GATES in the manner mentioned in the Privacy Policy.
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| 3.2 |
You hereby represent, warrant and covenant that all information provided to us on the
Platform is true, accurate and complete and you agree to provide us with up-to-date
information of yourself including such identification, verification or other documentation
as we or other relevant and lawful authorities may request from time to time. Failure to
do so shall constitute a breach of this User’s Terms of Use, which may result in immediate
suspension or termination of your User Account.
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| 3.3 |
You shall not:
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(a) |
create any account for anyone other than yourself without such person’s permission;
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(b) |
create multiple User Account;
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(c) |
use a user name that is the name of another person with the intent to impersonate that person;
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(d) |
use a user name or User Account that is subject to any rights of a person other
than you without appropriate authorisation; or
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(e) |
use a user name that is a name that is otherwise offensive, vulgar or obscene or
otherwise unlawful.
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| 3.4 |
GATES reserves the right to refuse the creation of your User Account in its sole discretion.
You are solely responsible and liable for activity that occurs on your account and shall be
responsible for maintaining the confidentiality of your password. You shall never use
another User's account without such other User's prior express permission. You will
immediately notify GATES in writing of any unauthorized use of your account, or other
account related security breach of which you are aware. GATES will not be liable for any
loss or damage that you may incur as a result of someone else using your account, either
with or without your knowledge. In addition, you may be held liable for any losses or
damages incurred by GATES or the third party due to someone else using your account.
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| 3.5 |
You represent and warrant that if you are an individual, you are of legal age and have the
capacity to form a binding contract, or that if you are registering on behalf of an entity,
that you are authorized to enter into, and bind the entity to, this User’s Terms of Use and
to create your User Account. GATES may, in its sole discretion, refuse to offer the Services
to any person or entity and change its eligibility criteria at any time. You are solely
responsible for ensuring that this User’s Terms of Use are in compliance with all laws,
rules and regulations applicable to you and the right to access the Services is revoked
where this User’s Terms of Use or use of the Services is prohibited by laws, rules and
regulations applicable to you and, in such circumstances, you agree not to access or use
the Platform or Services in any way.
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| 3.6 |
By creating your User Account, you agree to receive certain communications in
connection with the Platform, including but not limited to our weekly email newsletter (if
any).
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| 4 |
PLATFORM CONTENT AND SERVICES
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| 4.1 |
GATES may change the Platform Content at any time and for any reason.
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| 4.2 |
GATES reserve the right, but shall not be obliged to:
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(a)
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monitor, screen or otherwise control any activity, content or material on the
Platform. We may in our sole and absolute discretion, investigate any violation of
this User’s Terms of Use contained herein and may take any action it deems
appropriate;
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(b)
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prevent or restrict access of any an authorised user to the Platform;
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(c)
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report any activity it suspects to be in violation of any applicable law, statute or
regulation to the appropriate authorities and to co-operate with such authorities;
and/or
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(d)
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to request any information and data from you in connection with your use of the
Platform at any time and to exercise our right under this paragraph if you refuse
to divulge such information and/or data or if you provide or if we have reasonable
grounds to suspect that you have provided inaccurate, misleading or fraudulent
information and/or data.
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| 4.3 |
For the avoidance of doubt and notwithstanding anything contained in this User’s Terms
of Use, you agree and acknowledge that GATES reserves the sole right and discretion to
limit, cancel or suspend any or all of the Services offered through the Platform in whole
or in part at any time without giving any reason or explanation of the same and without
incurring any liability whatsoever to you for doing so. Any such action could prevent you
from accessing the Platform, your User Account, any content or any other related
information.
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| 5.0 |
ACCESS AND USE
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| 5.1 |
Platform
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(a) |
GATES grants you a personal, limited, non-exclusive, revocable, non-transferable
license, without the right to sublicense, to electronically access and use the
Platform solely to access and use the Services in accordance to the terms of this
User’s Terms of Use and as permitted by the usage rules set forth for your
particular Device.
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(b) |
GATES does not allow the Platform to be used for illegal activities. GATES has the
right to take preventative or corrective actions to protect itself and its User. You
must not use the Platform or your User Account in any way that causes, or is likely
to cause, the Platform, your User Account or access to it to be interrupted,
damaged or impaired in any way and you are required to use the Platform lawfully
and in compliance with the legal requirements.
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(c) |
You are prohibited from using the Platform in respect of the following:
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(i) |
For fraudulent purposes, or with an intention to commit criminal offence or
other unlawful, indecent or immoral activity;
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(ii) |
To send, use or reuse any material that is illegal, offensive, abusive,
indecent, defamatory, obscene or menacing; or use it to breach copyright,
trademark, confidence, privacy or any other right; or is otherwise injurious
to third parties; or use it in an objectionable manner or likely to cause or
stir racial or religious disharmony; or which consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any spam;
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(iii) |
Attempt to access, or actually accessing, data not intended for you, such as
logging into a server or an account which you are not authorized to access;
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(iv) |
To use frames, framing techniques, or framing technology to enclose any
content included on the Platform without our express written permission;
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(v) |
To take any action that places excessive demand on our services, or
imposes, or may impose an unreasonable or disproportionately large load
on our servers or other portion of our infrastructure (as determined in our
sole discretion);
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(vi) |
To programme, send, use or reuse any data that contains any viruses, Trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or other personal
information; and
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(vii) |
Do anything that creates liability for us or cause GATES to lose (in whole or
in part) the services of our ISPs.
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(d) |
If you use, or attempt to use, the Platform for purposes other than for the Services,
including but not limited to tampering, hacking, modifying or otherwise corrupting
the security or functionality of the Platform, your User Account will be
automatically terminated and you will be liable to claim of damages and/or may
be penalised for, including criminal prosecution where applicable.
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(e) |
You agree not to alter, reproduce, adapt, distribute, display, publish, reverse
engineer, translate, disassemble, decompile or otherwise attempt to create any
source code which is derived from the Platform. You acknowledge that all rights,
title and interest to the Platform are owned by GATES.
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(f) |
You agree that the Platform may be modified, updated, interrupted, suspended or
discontinued at GATES’s sole discretion, at any time, for any or no reason and
without notice or liability. Any updates to the Platform will be made available to
you, subject to any additional terms (if any).
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(g) |
You agree that your rights to access the Platform or use the Services cease
immediately upon Deactivation, Deletion, suspension or termination of your User
Account (as provided under Clause 13 herein).
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| 5.2 |
Device
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GATES does not make any warranty, representation and/or undertaking (expressly,
impliedly or otherwise) that the Platform and any subsequent revisions, modifications,
updates, upgrades or versions is and would be compatible with your Device. It is your
responsibility to ensure that the Platform is and will be compatible with your Device at all
times and you acknowledge and agree that GATES shall not be liable in any manner
whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by
you due to the Platform being incompatible with your Device.
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| 5.3 |
User Content
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When you submit, upload, transmit or display User Content, you understand and agree that:
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(a) |
you will continue to own and be responsible for the User Content;
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(b) |
once the User Content has been published, it cannot always be withdrawn;
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(c) |
you will comply with this User’s Terms of Use, including the terms and conditions
in the Privacy Policy, in the submission of the User Content;
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(d) |
you agree that the User Content is subjected to this User’s Terms of Use ;
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(e) |
you understand that all information publicly posted or privately transmitted
through GATES Pay is the sole responsibility of the User from which such content
originated, and you agree that GATES shall not be responsible to verify the
accuracy of the User Content and shall not be liable for any errors, inaccuracy or
omissions in any of the User Content and GATES gives no guarantee as to the real
identity of any other User with whom you may interact in the course of using the
Services;
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(f) |
you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free,
worldwide licence to use the User Content (with no fees or charges payable by us
to you) for any purposes, including but not limited to, providing, promoting,
distributing, developing and trying to improve GATES and our other services,
including new services that we may provide in the future. All such use will, to the
extent the User Content contains personal information, be dealt with in
accordance with the Privacy Policy. As part of this licence, we may, subject to the
Privacy Policy, use, copy, edit, reproduce, host, store, process, adapt, modify,
translate, perform, distribute, prepare derivative works of, display, perform,
publish and otherwise fully exploit the User Content worldwide in all media and
by all distribution methods, including those that are developed in the future;
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(g) |
you represent and warrant that you have all rights to grant such license to use
without infringement or violation of any third party rights, including without
limitation, any privacy rights, copyrights, contract rights, or any other intellectual
property or proprietary rights;
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(h) |
you irrevocably waive, and cause to be waived, against GATES and its users any
claims and assertions of any rights or attribution with respect to the User Content.
By "use" we mean use, copy, publicly perform and display, reproduce, distribute,
modify, translate, remove, analyse, commercialise, and prepare derivative works
of the User Content;
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(i) |
we may share the User Content with third parties that we work with to help
provide, promote, develop and improve GATES Pay or the Services in the manner
set out in the Privacy Policy;
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(j) |
we may publicly display advertisements and other information adjacent to or
included with the User Content. You are not entitled to any compensation for such
advertisements. The manner, mode, and extent of such advertising are subject to
change without specific notice to you;
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(k) |
we may use your user name (used in connection with your User Account) in
connection with the User Content (whether that be your account name, real name
or otherwise) provided that the same does not contradict with any of the terms
and conditions in this User’s Terms of Use; and
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(l) |
we reserves the right to:
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(i) |
remove, suspend, edit or modify the User Content at our own sole
discretion, including without limitation any User Content at any time,
without notice to you and for any reason (including, but not limited to,
upon receipt of report, claims or allegations from third parties or
authorities relating to such User Content or in the event GATES is
concerned that you may violate or you have violated this User’s Terms of
Use), or for no reason at all; and
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(ii) |
remove, suspend or block any User Content at our absolute discretion.
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| 6. |
SECURITY |
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You are solely responsible for maintaining the confidentiality, security and care of your
Device and the details of your User Account. You are responsible for all activities,
authorized or not, made using your User Account. You shall not disclose your password
to any person. You are under a duty to exercise utmost care, diligence and precautions to
safeguard your Device from loss, theft or fraudulent use of your Device to prevent any
unauthorized use of your User Account.
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| 7. |
INTELLECTUAL PROPERTY RIGHTS |
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You agree and acknowledge that GATES is the owner of all the Intellectual Property Rights
relating to GATES Content and the Platform (excluding User Content and Third Party
Content) and you shall not at any time do, or cause to be done, any act or thing, which
may impair GATES’s rights over the Intellectual Property Rights in respect of GATES
Content and the Platform (excluding User Content and Third Party Content) and these
include but not limited to the following, by its own act or omission or through any third
(3rd) party:
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(a) |
copy or modify GATES Content and/or the Platform;
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(b) |
attempt to view, read, modify, reverse compile, reverse assemble, disassemble or
print the Platform’s source code or object code or other runtime objects or files
distributed with the Platform;
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(c) |
reverse engineer, modify or copy the look and feel, functionality or user interface
of any portion of the Platform;
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(d) |
rent, lease, distribute (or redistribute), provide, make available or otherwise
exploit the Platform, in any form, to any third (3rd) party;
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(e) |
share the use of the Platform with other users without GATES’s authorisation; and
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(f) |
remove or alter any copyright or other proprietary notices affixed to or embedded
therein.
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| 8. |
DISCLAIMER |
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The Platform is provided on an “as is” and “as available” basis. We make no
representation or warranty, express or implied, that the Services or any feature or
function thereof shall always be accurate, reliable, timely, secure or defect free, or that
the Services will be uninterrupted and available at all or any particular time or location.
You accept that we do not represent or warrant that the Platform, system or Software
will be error-free at all times. You are also aware and acknowledge that the Services rely
on third party technologies and facilities including wireless connectivity which are not
within our control. You acknowledge the characteristics and limitations of digital and
wireless networks and that data may be corrupted, delayed or lost despite security and
other measures taken by us. You agree not to hold us liable for any failures as highlighted
above. You expressly agree that your access and use of the Platform and the Services are
at your sole risk and discretion and you will assume total responsibility in respect thereto.
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| 9. |
INDEMNITY |
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You shall at all times indemnify, keep indemnified and hold harmless GATES from and
against any Loss (including reasonable legal costs and expenses) or liability reasonably
incurred or suffered by GATES arising from any proceedings against GATES where such
Loss or liability was caused by, inter alia, your breach of any of the terms and conditions
of this User’s Terms of Use, your act, neglect or default or your wrongful use of the
Platform and the Services resulting in any successful claim by any third (3rd) party.
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| 10. |
DISCLAIMER OF LIABILITY |
| 10.1 |
GATES shall not be liable for any Loss or liability suffered by you, which may arise in
respect of the usage of the Platform and/or the Services, including any cause of action
based on warranty, contract, tort, strict liability, patent or copyright infringement, or
misappropriation of intellectual property on the Platform. GATES shall not be liable for
any kind of damages including not limited to consequential, incidental, indirect, special,
exemplary or punitive damages, whether in contract, in tort (including negligence) or
otherwise, or for any loss of profits and loss of data arising out of this User’s Terms of Use
or the use (or inability to use) of the Platform and/or the Services even if GATES is aware
of the possibility of such potential Loss or damage.
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| 11. |
FORCE MAJEURE |
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Without limiting the generality of any provision in this User’s Terms of Use, GATES shall
not be liable for any non-performance and/or delay in performance of its obligations
herein (including but not limited to the non-availability and/or interruption in the
Services) caused by Force Majeure.
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| 12. |
THIRD PARTY SITES AND SERVICES |
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The Services may permit you to link to other websites, services or resources on the
Internet, and other websites, services or resources may contain links to the Platform.
When you access third party websites, you do so at your own risk. These other websites
are not under GATES’s control, and you acknowledge that GATES is not responsible or
liable for the content, functions, accuracy, legality, appropriateness or any other aspect
of such websites or resources. The inclusion of any such link does not imply endorsement
by GATES or any association with its operators. You further acknowledge and agree that
GATES shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such website or resource.
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| 13. |
DEACTIVATION, DELETION, SUSPENSION AND TERMINATION |
| 13.1 |
You may deactivate your User Account at any time, subject to the steps to be taken for
the deactivation of your User Account, as provided by us on the Platform
(“Deactivation”). Some of your information may remain visible to other user on the
Platform notwithstanding such Deactivation. You may choose to reactivate your User
Account subject to the steps to be taken as provided by us on the Platform (“Reactivate”).
Failure to Reactivate your User Account within certain period as determined by GATES
will cause your User Account to be terminated and GATES shall not be responsible for
such termination.
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| 13.2 |
You may delete your User Account at any time, subject to the steps to be taken for the
deletion of your User Account, as provided by us on the Platform (“Deletion”). Unlike
Deactivation, once your User Account has been deleted, you will not be able to Reactivate
and you are required to create new User Account should you wish to access and use the
Platform.
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| 13.3 |
You agree and acknowledge that GATES has the right to suspend or terminate your User
Account without being obliged to provide any reason for such suspension or termination
or to respond to any request for information from yourself (“Suspension or
Termination”) . Any suspension to your User Account may be lifted by GATES at our
absolute discretion.
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| 13.4 |
Upon Deactivation, Deletion, suspension or termination of your User Account, your right
to access the Platform and use the Services shall cease immediately.
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| 13.5 |
GATES is not responsible for any consequences arising from your inability to access the
Platform and use the Services for whatever reason, including due to lost or forgotten
password, Deactivation, Deletion, suspension or termination of your User Account.
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| 13.6 |
You agree and acknowledge that you shall not hold GATES liable for any Loss, which you
may suffer as a result of the Deactivation, Deletion, suspension or termination of your
User Account.
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| 13.7 |
Upon Deactivation, Deletion, suspension or termination of your User Account, GATES will
retain your information for a reasonable period and use your information as reasonably
necessary to comply with our legal obligations, inter alia, towards dispute resolution and
enforcement of the Privacy Policy. Notwithstanding the Deactivation, Deletion,
suspension or termination of your User Account, GATES has rights to claim against you
for any antecedent breach of any of the terms and conditions of this User’s Terms of Use.
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| 14 |
HOW TO CONTACT US
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If you have any queries relating to this User’s Terms of Use, please write to:-
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| Attention to |
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Support GATES IT Solution Sdn Bhd |
| Address |
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No 07-09, Kenwingston Business Centre,
Kenwingston Square Garden, Persiaran Bestari, Cyber 9,
63000 Cyberjaya, Selangor Darul Ehsan
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| Telephone Number |
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011-3932 2532 |
| Email |
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business@gates.my |
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| 15 |
MISCELLANEOUS
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| 15.1 |
Relationship
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The relationship between your goodself and GATES under and in relation to this User’s
Terms of Use shall be limited to the matters herein contained and nothing herein
provided shall be considered or interpreted as constituting the relationship of your
goodself and GATES as a partnership, association or other relationship in which either
party may be liable for the acts or omissions of the other party, nor shall anything herein
contained be considered or interpreted as constituting any party as the general agent of
the other party.
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| 15.2 |
Waiver
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Failure by GATES to enforce, at any time, any provision of this User’s Terms of Use shall
not be construed as a waiver of its right to enforce the breach of such provision or any
other provision in this User’s Terms of Use or as a waiver of any continuing, succeeding
or subsequent breach of any provision or other provision of this User’s Terms of Use.
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| 15.3 |
Severability
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If any provision of this User’s Terms of Use is held by a court or other competent authority
to be unlawful, void or unenforceable, it shall be deemed to be severed from this User’s
Terms of Use and shall be of no force and effect and this User’s Terms of Use shall remain
in full force and effect as if such provision had not originally been contained in this User’s
Terms of Use. In the event of any such severance the parties shall negotiate in good faith
in order to agree the terms of a mutually acceptable and satisfactory alternative provision
in place of the provision so severed.
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| 15.4 |
Assignment
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Unless otherwise mentioned herein, you hereby acknowledge and agree that:
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(a) |
you shall not assign or attempt to assign any of your rights and obligations under
this User’s Terms of Use. Any attempted assignment by you shall violate this User’s
Terms of Use; and
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(b) |
GATES may assign any of its rights and obligations under this User’s Terms of Use
to its related party(ies).
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| 15.5 |
Governing Law & Dispute Resolution
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This User’s Terms of Use shall be governed by and construed in accordance with the laws
of Malaysia. You agree to submit to the exclusive jurisdiction of the Malaysian Court and
you further agree that they are the convenient forum for you. In the event you have any
dispute, controversy, or claim against us arising out of the provision of our Services, you
shall notify us in writing and the parties shall attempt to negotiate in good faith to resolve
the matter. The provision of the said notice and subsequent negotiations shall be a
condition precedent to any right of action against us in court or otherwise.
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