Terms and conditions of use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE.
Acknowledgement and Acceptance of Terms
This website (“Website”) is owned, controlled and managed by Kodewave Sdn Bhd (“Kodewave”). The use of this Website is subject to these terms and conditions including any other rules or policies that are published on this Website from time to time (collectively referred to as the “Terms and Conditions”).
You may be accessing this Website from a computer or a mobile device. These Terms and Conditions govern your use of this Website and your conduct, regardless of the means of access. By accessing, browsing and using this Website:
- you acknowledge that you have read, understand and accepted these Terms and Conditions without any limitation or qualification; and
- you agree to comply with and be bound by these Terms and Conditions which form a legally binding agreement between you and Kodewave.
The contents available on this Website are provided on an “as is” and “as available” basis for general information only without warranties of any kind. Whilst Kodewave endeavours to ensure the accuracy and reliability of the information provided on this Website, we make no warranty or representation and disclaim all responsibility and liability for:
- the completeness, accuracy, availability or reliability of the information or materials contained in this Website;
- any harm or damages to your computer system, loss of data, or other harm or damages that results from your access to or use of this Website;
- any damages due to statements, errors or omissions on this Website, content infringing any third-party rights, linking to any other sites or its nature or contents or any other matter regarding this Website and your use of it.
You are advised to verify any information independently. Any reliance you place on such information is strictly at your own risk.
Kodewave may from time-to-time provide interactive services such as online forums (“Interactive Services”) that allow users to share information through posting, submitting, publishing, displaying or transmitting to other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Terms and Conditions.
All User Contributions are the sole responsibility of the person who originated such content. Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. Kodewave may, but are not required to monitor or control the User Contributions posted on this Website and we cannot take responsibility for such User Contributions. Any use or reliance on any User Contributions posted on this Website or obtained by you through this Website is at your own risk. However, all posts are subject to review and any content deemed in the Kodewave’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums or this Website.
By providing a User Contribution, you grant Kodewave and its affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights to such User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against Kodewave for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
If you provide a User Contribution to be transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk.
User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Kodewave, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Kodewave is not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. Kodewave makes no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.
These content standards (“Content Standards”) apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promise or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We reserve the right to access, read, preserve, delete, remove from this Website and disclose any User Contribution as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce the Terms, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
Kodewave reserves the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Kodewave.
You may use this Website for your own personal purposes only and for any commercial purposes. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any content on this Website including for any public or commercial purpose whatsoever, without our prior written permission.
You may not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of this Website in contravention of the provisions of our Terms and Conditions;
- not to access without authority, interfere with, damage or disrupt:
- any part of this Website;
- any equipment or network on which this Website is stored;
- any software used in the provision of this Website; or
- any equipment or network or software owned or used by any third party.
Registered Account and Security
If you are required to register an account, you must complete the registration process by providing us with the current, complete and accurate information as prompted by the applicable registration form. You are also required to create a user name and password which you are solely responsible to maintain the confidentiality of your account and password as well as for any and all activities that occur under your account. You should notify Kodewave immediately of any unauthorized use of your account or any other breach of security. Kodewave will not be liable for any loss that you may incur as a result of unauthorised access to your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Kodewave due to such unauthorised access. You may not use any third party’s account at any time, without the permission of the account holder.
Kodewave may cancel any registration(s) or account(s) on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs and we shall not be liable to you for such cancellation.
Kodewave and any third party appointed by Kodewave holds all the rights for the contents, designs, graphics and source code of this Website and, in particular, by way of example but not limited thereto, for the photographs, images, texts, logos, designs, marks, trademarks, distinctive brand features, icons, sound recordings, softwares and data included on this Website. Copying, reproducing, storing, republishing, uploading, posting, transmitting, distributing in any way, in whole or in part in any form or medium, incorporating into any other work, or such other use of such copyright material without the prior express written approval of Kodewave and/or such third party is an infringement of such rights. All rights not expressly granted under these Terms and Conditions are reserved.
All trademarks that are included on this Website are the property of their respective owners and are protected by relevant applicable laws. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website for personal non-commercial use, unless expressly authorised by Kodewave or the owner of the relevant trade mark in writing.
Cookies and/or similar technologies may be used on this Website to optimize your browsing preferences and experience through gathering data in relation to this Website. Cookies help us understand how this Website is used and how we may improve the user experience. It is not possible for cookies to access personal information on your computer and/or to find out any personal information about you, other than the date you choose to share with us. The cookies will not store your data permanently and will be deleted once you exit the browser.
You have the option to accept or decline cookies. You can decline cookies by modifying the settings in your browser, however, this may limit the functionality of this Website, or your access to our Website.
Limitation of Liability and Indemnity
Under no circumstances shall Kodewave be liable for any loss, claim or any direct or indirect, incidental, special, consequential damages including but not limited to loss of profits arising out of the use or inability to use this Website. By accessing, browsing and/or using this Website, you agree to indemnify, defend and hold harmless Kodewave, its officers, directors, employees, vendors, partners, affiliates and agents against any claims, actions, suits, proceedings, demands, losses, damages, penalties, fines, costs or expenses and liabilities of any kind or nature, arising out of or relating to your violation or breach of these Terms and Conditions or use by you or any third party of this Websites. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Links to Other Websites
Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia for settlement of any disputes.
If you access this Website in a jurisdiction other than Malaysia, you are responsible for compliance with any applicable local laws. Kodewave makes no warranty or representations that the content of this Website is appropriate for use outside of Malaysia or complies with the laws of any country outside Malaysia.
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Kodewave reserves the right to update, revise and amend these Terms and Conditions and any other information contained in this Website, at any time, without any notification. Kodewave may also make improvements or changes in the products, services, or programs described in this Website at any time without notice. You are advised to regularly review these Terms and Conditions for any changes. By continuing to use this Website, you agree to any changes made to this Website.
Suspension and Termination
Kodewave reserves the right to suspend and/or terminate this Website at any time for any reason without notification.
Reservation of Rights
Any rights not expressly granted to you herein are reserved by Kodewave.