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SEPAKAT COMPUTER CONSULTANT SDN. BHD.® Privacy Policy
1. GENERAL
These Terms of Use and Privacy Policy (“Terms of Use") set forth herein, apply to the web site and web pages owned, operated, licensed, and/or controlled by SEPAKAT Computer Consultant Sdn. Bhd (85990H). ("SEPAKAT", “We”), the main homepage of which is located at www.sepakat.com.my (the “Web Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using, accessing or browsing through this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that SEPAKAT reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.
2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, service information, software, documentation, content and/or material posted on the Web Site or available through it (“Materials”) are the property of SEPAKAT or its licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyrights, patents, trademarks, logos, design rights and any other proprietary rights.
No transfer or grant of any right is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.
Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive Materials or modify or create any derivative works of the Materials or documentation.
Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of the SEPAKAT copyright and other proprietary (including intellectual property) rights.
Downloads: Some areas of the Web Site may include downloadable Materials. You must treat such materials as follows: (i) Unless otherwise specified under these Terms of Use or under the Web Site, you may download one copy of the Materials on any single computer for your personal and/or non-commercial use only, provided you keep intact all copyright and other proprietary notices; (ii) Materials available for download including, but not limited to, software and documentation, and/or any other downloadable Materials available anywhere under the Web Site in connection with which specific terms for download and/or use are provided, may be downloaded and used only subject to the specific terms and conditions and/or license provisions applicable to each of these Materials.
3. PATENTS
Without limiting any of the foregoing or hereunder, SEPAKAT or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and SEPAKAT and/or its licensors and/or affiliates reserves all such rights.
4. TRADEMARKS
Without limiting any of the foregoing or hereunder, SEPAKAT, SEPAKAT logo, as well as other names and marks so notified in the Web Site are trademarks of SEPAKAT (“SEPAKAT Marks”). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by SEPAKAT and/or respective holders.
5. CONTENT, PRODUCTS AND SERVICES INFORMATION
All content available through the Web Site, including but not limited to data, information of products and services and specifications is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and SEPAKAT reserves the right to make changes without notice to processing, services, materials, or configuration.
YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.
All information and Materials on the Web Site are made available therefrom is subject to the disclaimers of section 10 below.
6. SUBMISSIONS OF MATERIALS
Except as may be otherwise provided in a separate written agreement between you and SEPAKAT, you agree that any materials, including but not limited to personal and professional information or other information, provided by you in the form of email or submissions to SEPAKAT shall become the sole property of SEPAKAT to the fullest extent permitted by applicable law. SEPAKAT shall own exclusive rights and shall be entitled to the unrestricted use of the information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event applicable law operates to prevent SEPAKAT from becoming the sole owner of any such information, then this provision shall be effective as granting to SEPAKAT (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, distribute, communicate, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or material now known or later developed, for the full term of any rights that may exist in any such material.
7. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT
Interactive Area(s)" shall mean but is not limited to mailing lists, information request forms, forums etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.
If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful.
You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent;.
SEPAKAT is not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. SEPAKAT reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. SEPAKAT reserves the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.
FURTHER, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
The Interactive areas shall be used by users only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
8. PRIVACY
Anonymous Information. SEPAKAT may gather anonymous information, which may be used by SEPAKAT or shared with third parties. This information does not personally identify you but may be helpful for improving the Web Site as well as the services and products we offer.
Such anonymous information may be collected for example through "traffic data" and may entail the use of "cookies", "IP addresses", or other numeric codes used to identify a computer.
Personally Identifiable Information. SEPAKAT may gather personally identifiable information about you, ONLY if you voluntarily choose to provide it yourself (for example: while submitting certain forms in or through the Web Site or e-mail, fax or other communication. Such information may include (for example) your: first name, last name, E-mail address, area of interest, address, phone number, education background, certifications and any other information which you choose to provide etc.
9. LINKING TO THE WEB SITE
Unless you have a written agreement in effect with SEPAKAT which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that SEPAKAT is affiliated with any person or entity, or that SEPAKAT otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with SEPAKAT name and trademarks; (c) all links to the Web Site must "point" to the URL "www.SEPAKAT.com.my" and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.
Without limiting any of the above, SEPAKAT reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.
10. DISCLAIMER
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEPAKAT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
SEPAKAT DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SEPAKAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL SEPAKAT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY SEPAKAT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify and hold SEPAKAT and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.
13. THIRD PARTY’S CONTENT
To the extent that the Web Site contains links to outside services and resources, SEPAKAT does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SEPAKAT.
14. NO ENDORSEMENT
No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of SEPAKAT, constitute or implies an endorsement, recommendation or favoring by SEPAKAT. Further, SEPAKAT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.
15. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
SEPAKAT reserves the right to limit or revoke your access to this Web Site, or any area there under, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.
16. MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, and submitted to the exclusive jurisdiction of the courts in Malaysia. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and SEPAKAT with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. SEPAKAT may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by SEPAKAT of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
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