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Terms of Use
Please read this Agreement carefully before accessing
the Cworks.com.my. As a condition to and in consideration
of receiving and accessing the Cworks.com.my, the User
agrees to be bound by the terms of this Agreement. Use
of or access to the Cworks.com.my shall constitute acceptance
of and agreement to be bound by this Agreement. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS
THE Cworks.com.my If you have any questions about this
Agreement, please contact us via e-mail at
info@cworks.com.my.
Access Agreement
THIS AGREEMENT "Agreement" is entered into by
and between Cworks.com.my and any individual, corporation,
association, agency, company, or other entity who accesses
or uses the Cworks.com.my (the "User" or "you").
The Cworks.com.my, which is provided
without charge to you, is a World Wide Web site on the
Internet that is designed to market CWorks (CMMS) Computer
Maintenances Management System. The Cworks.com.my is
owned and operated by CWorks Systems Berhad.
1. User Rights
and Responsibilities
1.1 Access to the Cworks.com.my
You are responsible for providing all hardware,
software, telephone or other communications equipment
and/or service to connect to the Internet and access
the Cworks.com.my and are responsible for all Internet
access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing
the Cworks.com.my
1.2 User Conduct.
You agree to access and use the Cworks.com.my
only for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws,
statutes, rules and regulations, pertaining to (i) your
use of the Cworks.com.my, including any Interactive
Area, (ii) the use of any networks or other services
connected to the Cworks.com.my, and (iii) the communications
means by which you connect your modem, computer, or
other equipment to the Cworks.com.my By accessing the
Cworks.com.my, you agree that you will not:
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restrict or inhibit any other
user from using and enjoying the Interactive Features;
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post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, or indecent information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability
or otherwise violate any local, state, national,
or international law;
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post or transmit any information,
software, or other material which violates or infringes
in the rights of others, including material which
is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other
proprietary right, or derivative works with respect
thereto, without first obtaining permission from
the owner or right holder.
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post or transmit any information,
software or other material which contains a virus
or other harmful component;
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alter, damage or delete any Content
or other communications that are not your own Content
or to otherwise interfere with the ability of others
to access the Cworks.com.my;
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disrupt the normal flow of communication
in an Interactive Area;
-
claim a relationship with or
to speak for any business, association, institution
or other organization for which you are not authorized
to claim such a relationship;
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violate any operating rule, policy
or guideline of your Internet access provider or
online service.
2. Intellectual
Property Rights
2.1 Cworks.com.my content.
(a) You acknowledge that Content on the Cworks.com.my
is generally provided by the Cworks.com.my, individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that
the Cworks.com.my permits access to Content that is
protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual
Property Rights"), and that these Intellectual Property
Rights are valid and protected in all media existing
now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You
acknowledge that the Cworks.com.my owns a copyright
in the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce,
transmit, distribute, publish, create derivative works
from, display or otherwise transfer or commercially
exploit any of the Content, in whole or in part, provided,
however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer
hardware and software to access and view the Content,
(ii) print one copy of each piece of Content, (iii)
make and distribute a reasonable number of copies of
Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to
"The Cworks.com.my" and its URL address. You acknowledge
that the Cworks.com.my, its Contributors, and/or Users
remain the owners of the Content and that you do not
acquire any Intellectual Property Rights by downloading
or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on
or through the Cworks.com.my only Content that is not
subject to any Intellectual Property Rights, or Content
in which any holder of Intellectual Property Rights
has given express authorization for distribution over
the Internet and on the Cworks.com.my, without restriction
whatsoever. Any Content submitted with the consent of
a copyright owner other than you should contain a phrase
such as "Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any Interactive
Area, you automatically grant and/or warrant that the
owner of such Content, whether it be You or a third
party, has expressly granted to the Cworks.com.my the
royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display
such Content, in whole or in part, worldwide and/or
to incorporate it in other works in any form, media,
or technology now known or later developed for the full
term of any Intellectual Property Rights that may exist
in such Content. You also permit the Cworks.com.my,
to sublicense to third parties the unrestricted right
to exercise any of the foregoing rights granted with
respect to such Content. You also permit any User to
access, view, store and reproduce the Content for personal
use.
3. Interactive
Areas
You acknowledge that the Cworks.com.my may include
various interactive areas ("Interactive Areas"), including
but not limited to classified ads. These Interactive
Areas allow feedback to the Cworks.com.my and real-time
interaction between users. You further understand that
the Cworks.com.my does not control the messages, information,
or files delivered to such Interactive Areas and that
the Cworks.com.my may offer you and other Users the
capability of creating and managing an Interactive Area.
However, neither the Cworks.com.my, its subsidiary and
parent companies, or affiliates, nor their respective
directors, officers, employees and agents are responsible
for Content within any Interactive Area. Your use and/or
management of an Interactive Area will be governed by
this Agreement and any additional rules or operating
procedures of any Interactive Area established by you
or another User, as applicable. You recognize that the
Cworks.com.my cannot, and does not intend to, screen
communications in advance. Moreover, because the Cworks.com.my
encourages open and candid communication in the Interactive
Areas, the Cworks.com.my cannot determine in advance
the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The Cworks.com.my
is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive
Area. Notwithstanding the above, you agree that the
Cworks.com.my has the right to monitor any Interactive
Area, from time to time and to disclose any information
as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area,
or to protect itself or other Users. If notified of
Content that is alleged not to conform to this Agreement,
the Cworks.com.my may investigate the allegation and
determine in its sole discretion whether to remove or
request the User to remove such Content. The Cworks.com.my
reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse
to post, or to remove any Content, in whole or in part,
which it deems in its sole discretion to (i) violate
the then-standard provisions of this Agreement or any
other standard, written Cworks.com.my policy in effect
at that time, (ii) be harmful to the rights of any User,
the Cworks.com.my, or other third parties, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of the Cworks.com.my
in operating the Cworks.com.my, or any change in Content,
is for you to discontinue accessing the Cworks.com.my.
The Cworks.com.my may terminate or temporarily suspend
your access to all or any part of the Cworks.com.my,
without notice, for conduct that the Cworks.com.my believes
is a violation of this Agreement or any policies or
guidelines posted by the Cworks.com.my, or for other
conduct which the Cworks.com.my believes, in its sole
discretion, is harmful to the Cworks.com.my or other
Users. The Cworks.com.my may discontinue operating the
Cworks.com.my and terminate this Agreement without notice
at any time for any reason in its sole discretion. In
the event of termination, you are no longer authorized
to access the Cworks.com.my, including the Interactive
Areas, and the restrictions imposed on you with respect
to Content downloaded from the Cworks.com.my, as well
as the disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
5. Links; Disclaimers
Of Warranties; Limitations of Liability
5.1 Links.
You understand that except for Content, products
or services expressly available at the Cworks.com.my,
neither the Cworks.com.my, its subsidiary and parent
companies, or affiliates, or their respective directors,
officers, employees, and agents controls, provides,
or is responsible for any Content, goods or services
available through sites on the Internet linked to or
from the Cworks.com.my. All such Content, goods and
services are made accessible on the Internet by independent
third parties and are not part of the Cworks.com.my
or controlled by the Cworks.com.my. The Cworks.com.my
neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of
any Content, goods or services available on any site
linked to or from the Cworks.com.my, which are the sole
responsibility of such independent third parties, and
your use thereof is solely at your own risk. Neither
the Cworks.com.my, its subsidiary and parent companies,
or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused
or alleged to have been caused by your use of or reliance
on any Content, goods or services available on any site
linked to or from the Cworks.com.my or your inability
to access the Internet or any site linked to or from
the Cworks.com.my.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all
information contained or opinions expressed on the Cworks.com.my.
It is the policy of the Cworks.com.my not to endorse
or oppose any opinion expressed by a User or Content
provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Cworks.com.my
IS AT YOUR SOLE RISK. NEITHER THE Cworks.com.my NOR
ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER
SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT THE Cworks.com.my OR ANY INTERNET SITE
LINKED TO OR FROM THE Cworks.com.my WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE Cworks.com.my OR ANY INTERNET SITE LINKED TO
OR FROM THE Cworks.com.my OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NO INFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT,
INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH
THE Cworks.com.my OR ANY SITE LINKED TO OR FROM THE
. THE Cworks.com.my IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE Cworks.com.my,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR
ARISING FROM THIS AGREEMENT, THE Cworks.com.my, OR ANY
INTERNET SITE LINKED TO OR FROM THE Cworks.com.my, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN
OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE
Cworks.com.my, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN THE Cworks.com.my OR THE CONTENT CONTAINED WITHIN
ANY INTERNET SITE LINKED TO OR FROM THE Cworks.com.my.
THE CONTENT WITHIN THE Cworks.com.my AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM THE Cworks.com.my
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT
HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS
OF THE Cworks.com.my AND SPECIFICALLY ARE INCLUDED IN
THIS SECTION AGREEMENT. THE Cworks.com.my AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT
AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT THE Cworks.com.my IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT
OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Cworks.com.my
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Cworks.com.my,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Cworks.com.my.
6. Indemnity
You agree to indemnify and hold the Cworks.com.my,
its parent or subsidiary companies and their affiliates,
and their respective directors, officers, employees,
and agents from any and all liabilities, claims and
expenses, including reasonable attorneys fees, arising
from breach of this Agreement, any other policy, your
use or access of the Cworks.com.my or any Internet site
linked to or from the Cworks.com.my, or in connection
with the transmission of any Content on the Cworks.com.my.
7. Miscellaneous
This Agreement comprises the entire agreement
between the Cworks.com.my and you, and supersedes any
prior agreements with respect to the subject matter
herein. The Cworks.com.my may revise this Agreement
or any other policy at any time and from time to time,
and such revision shall be effective two (2) days upon
posting notice of such revision prominently on the Cworks.com.my
You agree to review this Agreement periodically to be
aware of such revisions. If any such revision is unacceptable
to you, you must discontinue accessing the Cwoks.com.my
Your continued accessing and use of the Cworks.com.my
following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall
survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy
be held invalid or unenforceable, that portion shall
be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the
parties and the remaining portions will continue in
full force and effect. The failure of the Cworks.com.my
to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as
a waiver of any provision or right. This Agreement shall
be governed by the laws of the state or province of
domicile of the Cworks.com.my, excluding its conflict
of laws rules, and you and the Cworks.com.my each submit
to the exclusive jurisdiction of the courts of that
state or province. This Agreement is personal to you
and you may not assign your rights or obligations there
under to anyone. All logos, brand names, products, trademarks
and service marks appearing herein may be the trademarks
or service marks of their respective owners. References
to any trademark, service mark and links to or from
the Cworks.com.my have been done strictly for clarification
and identification and does not constitute endorsement
by the Cworks.com.my of the products, services or information
offered by the owner of such trademark, service mark
or link or endorsement of the Cworks.com.my by such
trademark, service mark or link owner.
What
personally identifiable information is collected from
you
The Cworks.com.my may collect information in
several ways from different parts of our web site.
Some personal
information is gathered when you register for our mailing
list. During registration, we ask for your email address
taken from registration email. This information is used
solely to assist you in receiving emails . Once you
register you are no longer anonymous to Cworks.com.my
- you are able to take full advantage of the offerings
of the Cworks.com.my
In addition
to registration we may ask you for personal information
at other times. If you contact us, we may keep a record
of that correspondence. Every page within the Cworks.com.my
includes a link to this Privacy Policy.
How
your information is used
The primary goal of the Cworks.com.my in collecting
personal information is to provide you, the user, with
a customized experience.
Who
is collecting your information
When you are asked for personal information on
the Cworks.com.my, you are sharing that information
with the cworks.com.my alone, unless it is specifically
stated otherwise such as sharing of user emails with
a mailing list contractor. Mailing list contractors
are selected only if they respect Cworks.com.my privacy
policy.
With
whom your information may be shared
As a general rule, Cworks.com.my will not disclose
any of your personally identifiable information except
when we have your permission or under special circumstances,
such as when we believe in good faith that the law requires
it or under the circumstances described below. Please
see the Terms of Service or Use Agreements for each
of our products and services for more detailed information
about how your personal information may be shared.
Cworks.com.my
may disclose account information in special cases when
we have reason to believe that disclosing this information
is necessary to identify, contact or bring legal action
against someone who may be violating the Terms of Service
of Clueword.com or may be causing injury to or interference
with (either intentionally or unintentionally) the rights
or property of the Cworks.com.my, other users of the
Cworks.com.my, or anyone else that could be harmed by
such activities. Cworks.com.my may disclose or access
account information when we believe in good faith that
the law requires it and for administrative and other
purposes that we deem necessary to maintain, service,
and improve our products and services.
What
choices are available to you regarding collection, use,
and distribution of your information
If you choose not to register or provide personal
information, you can still use most of Cworks.com.my,
but you will not be able to access areas or use features
that require registration.
Cworks.com.my
does not sell or rent user information to anyone. We
will notify you at the time of data collection or transfer
if your data will be shared with a third party and you
will always have the option of not permitting the transfer.
If you do not wish to allow your data to be shared,
you can choose not to use a particular service.
The
kind of security precautions that are in place to protect
the loss, misuse, or alteration of your information
Other than the administrator of the Cworks.com.my
or other authorized personnel or subcontractors of Cworks.com.my,
you are the only person who has access to your personal
information.
Unfortunately,
no data transmission over the Internet can be guaranteed
to be 100% secure. As a result, while we strive to protect
your personal information, Cworks.com.my cannot ensure
or warrant the security of any information you transmit
to us or from our online services, and you do so at
your own risk. Once we receive your transmission, we
make our best effort to ensure its security on our systems.
How
Cworks.com.my protects children's privacy
Cworks.com.my is a general audience web site.
Children should always ask a parent for permission before
sending personal information to anyone online. Cworks.com.my
does not share personal information about users under
the age of 13 with third parties and we do not sell
or rent personal information about any of our users,
regardless of age.
What
else you should know about your online privacy
Please keep in mind that whenever you voluntarily
disclose personal information online - for example in
ads that you post or through email - that information
can be collected and used by others. In short, if you
post personal information online that is accessible
to the public, you may receive unsolicited messages
from other parties in return.
Ultimately,
you are solely responsible for maintaining the secrecy
of your passwords and/or any account information. Please
be careful and responsible whenever you're online.
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