Last updated: 1 June 2017
This Terms of Services describes the terms and conditions on which you are allowed to use our Website and our Services and served as an agreement between WWH Networks Sdn Bhd (“WWH”) and you or the entity you represent.
In this Agreement:
“Agreement” or “User Agreement” means the Terms of Services describing the terms and conditions on which you are allowed to use our Website and our Products and Services.
“Registration” or “Services” means the product and services you purchase from the Website.
“WWH”, “our” or “we” means WWH Networks Sdn Bhd (1020114-M).
“Services” means all online tools, applications, or products and services provided by the Website.
“User”, “you” or “your” means an individual who visits or uses and purchase of product and services from the website.
“User Contract” means (1) this User Agreement; (2) the Code of Conduct as amended from time to time; and (3) any other contractual provisions accepted by both Users uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.
“Website” means the websites operated by WWH at email@example.com and any related WWH services, features, functions, tools or applications.
By accessing and/or using the Website and our Services, you agree to the following terms with WWH.
We may amend the terms in this Agreement from time to time and post them in this Website.
The Website is an online venue/platform where Users are able to view and register to purchase our products and services.
Before using this Website, we recommend that you read and understand this Agreement. You must read and accept all of the terms in this Agreement. By accepting this Agreement, you agree that this Agreement will apply whenever you use the WWH Website, or when you use the tools, applications or services we make available to interact with the WWH Website.
You are not eligible to use the WWH Website if you:
- are under the age of 16; or
- are not able to form legally binding contracts; or
- are suspended from using the WWH Website; or
- a person barred from receiving and rendering services under the laws of Malaysia or other applicable jurisdiction.
The Users are responsible for everything done with that account. Users must provide a business name or a company name, which is to be associated with the User’s registrration. Users acknowledge and agree that where a business name or company name is associated with their Registration, this Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Registration. We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
3. Intellectual Property Rights
While using the WWH Website, you will not infringe our intellectual property rights by:
- download and aggregate listings from our Website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the WWH Website;
- copy, modify or distribute rights or content from the WWH Website or WWH’s copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
4. Fee And Charges
We may change the fee and charges above from time to time and will update you by posting the information on our website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites and other marketing and advertising channels that are officially engaged by us.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable. You must also comply with your obligations under income tax provisions in your jurisdiction.
6. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by WWH.
We may display your company or business name, logo, images or other media, and public description of your company or business as part of the WWH Services and/or other marketing materials relating to the WWH Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
You acknowledge and agree that:
- we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;
- we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and
- any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain inappropriate text or visual descriptions;
- will not contain material linked to terrorist activities;
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
WWH will not be held responsible if any of the above occur.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Malaysia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and WWH Services and may terminate your Registration.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your own risk.
9. Feedback, Reputation And Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the WWH feedback system. We are entitled to suspend or terminate your Registration at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of our products and services via the Website. You may not use your feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by WWH or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, proposition, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by WWH or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
11. Communication With Other Users
You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the dedicated message board, inbox private messaging or chat facilities provided by the Website. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Listing through any other means such as email, telephone, Skype, Facebook, Whatsapp, or Messengers.
12. Right To Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded content including files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
13. Identify / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
- provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you;
- take steps to confirm ownership of your email address or financial instruments; or
- verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Registration, the Website and/or WWH Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
14. Limits And Fraud Prevention
We reserve the right to suspend a User Registration if the source of certain activities while using the Website is suspected to be fraudulent.
All fee and charges payable to us are not refundable.
A chargeback (being a challenge to a payment that a User files directly with their credit card issuer) and a reversal instruction is made by third parties (such as payment processors) and not by us. We are bound to follow their instructions.
You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by third parties (such as payment processors) on fee and charges paid by you to us.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your third parties (such as payment processors).
17. Right To Refuse Service
We may close, suspend or limit your access to your Registration without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Registration:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- you are the subject of our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
If we terminte your Registration due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to US $3,000 or take legal action against you to recover losses. (3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
In the event that we terminate your Registration, you will have no claim whatsoever against us in respect of any such suspension or termination of your Registration.
18. Disputes With Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to our product and services that you will first attempt to resolve any differences including in relation to the quality of the services provided.
In relation to disputes with any other users of the Website, you hereby agree to indemnify WWH from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown.
19. Disputes With Us
If a dispute arises between you and WWH, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at firstname.lastname@example.org.
For any claim, WWH may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If WWH elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that WWH will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against WWH must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, WWH may recover its legal fees and costs (including in-house lawyers and paralegals), provided that WWH has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, WWH will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
WWH’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
22. Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the WWH Website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the WWH Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of WWH and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the WWH Website and WWH Services.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Registration or the WWH Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
26. No Insurance Or Warranty
We do not offer any form of insurance, or other User protection.
27. No Warranty As To Each User’s Purported Identity
Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
28. No Warranty As To Content On The Website
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the WWH Website and WWH Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website
- whether the Website or Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website, the Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, User Services or WWH Services;
- any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Freelancer Services or us; or
- the Website, User Services or WWH Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
29. Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the WWH services again or the payment of the cost of having the WWH services supplied again.
30. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
31. Bar To Action
We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
32. No Class Actions
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Legal notices must be served on WWH (in the case of WWH) or to the email address you provide to WWH during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to WWH must be given by registered ordinary post (or if posted to or from a place outside Malaysia, by registered airmail).
34. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of Malaysia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and WWH irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
37. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or terminate your Registration.
39. Additional Terms
It is important to read and understand all our policies as they provide the rules for using the WWH website. In addition there may be specific policies or rules that apply, and it is your responsibility to check these policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
- Code of Conduct
Each of these policies may be changed from time to time. Changes take effect when we post them on the WWH website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
This Agreement contains the entire understanding and agreement between you and WWH. The following Sections survive any termination of this Agreement: Fees And Charges (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, kindly email us at email@example.com.