USER’S TERMS OF USE
 
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 Technology 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).
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.
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.
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.
2. DEFINITIONS
  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:
 
“Device” 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;
“Force Majeure event” 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;
“GATES Content” 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;
“Intellectual Property Rights” 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;
“Licensing and Services Agreement” refers to the licensing and services agreement entered into between GATES and the relevant local authority;
“Loss” 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;
“Platform” 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;
“Platform Content” 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;
“Privacy Policy” refers to our Privacy Policy which is accessible via ●;
“Services” 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;
“Software” 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);
“Third Party Content” 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);
“User”, “You/you” or “Your/your” refers to you or any other person or entity having access and use the Platform;
“User Account” means your account to access the Platform and use the Services;
“User Content” 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
“User’s Terms of Use” 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.
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.
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.
3.3 You shall not:
  (a) create any account for anyone other than yourself without such person’s permission;
  (b) create multiple User Account;
  (c) use a user name that is the name of another person with the intent to impersonate that person;
  (d) use a user name or User Account that is subject to any rights of a person other than you without appropriate authorisation; or
  (e) use a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
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.
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.
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).
4 PLATFORM CONTENT AND SERVICES
4.1 GATES may change the Platform Content at any time and for any reason.
4.2 GATES reserve the right, but shall not be obliged to:
  (a) 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;
  (b) prevent or restrict access of any an authorised user to the Platform;