LEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING www.1cube.my OR ANY OTHER WEBSITES OF CUBE SOLUTIONS SDN BHD, (THE “COMPANY”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING BUT NOT LIMITED TO VIEWING ANY OF ITS CONTENT OR PURCHASING ANY SYSTEMS OR SERVICES, VIA THE WEBSITE (THE “SERVICES”) BY CUBE SOLUTIONS OR USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. THE UNDERLINED TERMS SERVE AS LINKS TO PAGES WITHIN THIS WEBSITE THAT CONTAIN IMPORTANT INFORMATION CONCERNING YOUR USE OF OUR SERVICES. WE SUGGEST THAT YOU ACCESS AND BECOME FAMILIAR WITH THESES PAGES, INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY AND OUR PRICING POLICY REGARDING SYSTEM PURCHASES, AS YOUR READ THIS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. When changes are made, the Company will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing User. The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).
INTRODUCTION
This website consists of purchasing services, which may include facilitating the purchase or sale of systems provided by the Company and by third parties. This website is subject to the terms and restrictions contained herein and are for private personal use by consumers only.
ACCEPTABLE USE
Users agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. Users agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company and its affiliates.
Users further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Company and its affiliate company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination towards any group;
To unlawfully gather information about others.
PRIVATE INFORMATION
Through Users use of the Website and Services, Users may provide the Company with certain information. By using the Website or the Services, Users authorize the Company to use Users information in Malaysia and any other country where We may operate.
Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
REVERSE ENGINEERING & SECURITY
You agree not to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services; and violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
TRANSACTION AND PROCESSING FEES
There is no fee for accessing this website and viewing our content and the content of third parties that we display.
If you decide to purchase systems or other services, you agree to pay, in addition to the price for the systems or services, other fees and charges that we impose, such as processing fees and handling fees and other miscellaneous fees. The amount of each fee will vary, depending on the systems or services you purchase and the method you select to receive your systems or services.
Fees and charges, including (but not limited to) charges for issuance, handling, processing and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our services to you.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to the Company, you are communicating with us electronically. You consent to receive communications from us electronically regarding a purchase you are making or an event to which you have purchased systems. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
In addition, when you purchase systems or services from us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, systems or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you can unsubscribe by contacting us at our online feedback form.
You are responsible for providing, at your expense, any access to the Internet and any required equipment.
Implementation of a formal information security policy and necessary technology controls such as firewall, password controls, physical security, logging and monitoring etc;
Process controls such as segregation of duties, defined roles and responsibilities and need to know basis for staff;
Third party providers and contractors storing or processing personal data has implemented similar acceptable standards of security.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND the Company PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company and its affiliates, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this site and not to download (other than page catching) or modify or copy it, or any portion of it, except with express written consent of the Company.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any ride or game listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You may not attempt to decompile or reverse engineer any software contained on the Company website. You also may not remove any copyright or other proprietary notations from the materials. In addition, you are not authorized to transfer the materials to another person or “mirror” the materials on any other server.
This license will automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed form.
BREACH
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
send you one or more formal warnings to your last known email address;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block your access to our website; and/or
commence legal action against you, whether for breach of contract or otherwise;
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
ARBITRATION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Kuala Lumpur, Malaysia. The arbitration shall be conducted in accordance with the Commercial Rules of the Malaysian Arbitration Act. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and their respective directors, officers, shareholders, employees, agents and assign harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defence, if the Company wishes.
LIMITATION ON LIABILITY
The Company, its parent company, and their respective officers, directors, agents and employees is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred (RM100) Ringgit Malaysia or the amount expended by You to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
NOTICES
All notices regarding any matter pertaining to this Terms, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: CUBE SOLUTIONS Sdn Bhd, Blk F, Unit 57, Ground Floor, Plaza Jelutong No. 5C, Persiaran Gerbang Utama, Bukit Jelutong, 40150 Shah Alam, Selangor, Malaysia, Attention: Corporate Affairs Division. Notice will be deemed effective 3 days after deposit with the Pos Malaysia or any other courier services. In addition, the Company may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
GENERAL
This Agreement is to be construed in accordance with the laws of the Malaysia, without regard to its conflict of law’s provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.