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You acknowledge that SCAN ASSOCIATES BERHAD provides the Services to you subject to the following terms and conditions without any modifications whatsoever on your part.
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PREAMBLE
SCAN-ASSOCIATES belongs to SCAN ASSOCIATES BERHAD bearing the domain name "scan-associates.net", including all its derivatives. SCAN-ASSOCIATES has opened this site for the personal information and usage of its USERS.
DEFINITIONS
In these Terms and Conditions, the following definitions shall apply:
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted or posted on the site;
"SCAN-ASSOCIATES" means SCAN ASSOCIATES BERHAD, a company incorporated in Malaysia with its business office at No. 6, Lorong Gurney, Off Jalan Semarak, 54100 Kuala Lumpur, Malaysia, and where the context permits, shall include its affiliates;
"Information" means such data and information accessible by you on this site as determined and provided by SCAN-ASSOCIATES.
"Password" means the unique alphanumeric code required together with the SCAN-ASSOCIATES ID to access this site.
"Registration Form" means the form executed by you wherein you provide your personal data or information which, by your checking the "Review and Submit" box at the end of such form, constitutes part of these Terms and Conditions.
"Service" means the service provided by SCAN-ASSOCIATES through the use of this site for access to and/or download a collection of on-line resources including, various communications tools, press releases, trade leads and downloads and personalized content.
"User" means each person who executes the Registration Form and clicks on the "Submit Now" button at the end of this document.
"site" means this SCAN-ASSOCIATES Internet site.
"SCAN-ASSOCIATES ID" means the unique alphanumeric name required by you together with the Password for the use of this site and the Service and to access the Information.
"we", "us" or "our" means SCAN-ASSOCIATES or its representatives, officers, directors, servants, agents, employees or independent contractors.
"you" or "your" means the User.
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
You represent that you have read and agree to be bound by these Terms and Conditions. SCAN-ASSOCIATES reserves the right, at its sole discretion to change, modify, vary or add to these terms and conditions at any time and without prior notice to you. Any use by you of this site and the Service after the posting of any such changes, modifications, variations or additions will constitute your acceptance of the terms and conditions as changed, modified, varied or added. If you do not wish to be bound by these Terms and Conditions, you must not use this site and the Service.
REGISTERING WITH SCAN-ASSOCIATES
By completing the Registration Form, you agree that any and all information that you supply in the registration process and other information that SCAN-ASSOCIATES may require from time to time, is current, accurate, truthful and complete. SCAN-ASSOCIATES reserves the right to suspend or terminate your account at any time or in the event that the information provided by you is no longer current, accurate or complete. SCAN-ASSOCIATES further reserves the right to refuse any and all current or future use of the Service (or any portion thereof).
RESPONSIBILITIES OF USER
You acknowledge, represent and warrant that you have created a SCAN-ASSOCIATES ID and Password which you have advised us of and subject to our approval of such SCAN-ASSOCIATES ID and Password, provides you with access to the Service and that you are the sole, exclusive and authorised user of such SCAN-ASSOCIATES ID and Password and accept sole responsibility for use, confidentiality and protection of the SCAN-ASSOCIATES ID and Password as well as for all information changes (eg. change of address, personal details) provided by you using such SCAN-ASSOCIATES ID and Password.
You shall only be authorised to access the Service through your SCAN-ASSOCIATES ID and Password. You also agree that you shall be solely responsible for all statements made, or acts or omissions that occur within this site through the use of your SCAN-ASSOCIATES ID and Password. You agree not to provide or make known your SCAN-ASSOCIATES ID or Password to any other person for the purpose of facilitating such person's access and unauthorised access to the Service and or the Information. You agree to notify SCAN-ASSOCIATES in writing promptly upon becoming aware of any unauthorised access or use of the Service and or the Information by any party whomsoever.
If you allow third parties to access the Service and/or the Information through your SCAN-ASSOCIATES ID and Password, you will defend and indemnify SCAN-ASSOCIATES, against any liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such access and use. If you believe someone has used your SCAN-ASSOCIATES ID and Password without your authorisation, or has, in your judgement, violated these terms and conditions, you shall notify SCAN-ASSOCIATES immediately.
The use and storage of any information including, without limitation, the SCAN-ASSOCIATES ID and Password and any other information available on your computer or other communication media is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using this site or the Service or the Information, and for all communications service fees and charges incurred by you in accessing this site or the Service or the Information.
USER CONDUCT GUIDELINES
You understand that the Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SCAN-ASSOCIATES, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SCAN-ASSOCIATES does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SCAN-ASSOCIATES be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a SCAN-ASSOCIATES official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law including rules and regulations promulgated by any applicable regulatory organisation or governmental entity; "stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that SCAN-ASSOCIATES does not pre-screen Content, but that SCAN-ASSOCIATES and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, SCAN-ASSOCIATES and its designees shall have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SCAN-ASSOCIATES or submitted to SCAN-ASSOCIATES.
You acknowledge and agree that SCAN-ASSOCIATES may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SCAN-ASSOCIATES, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
MATERIAL PROVIDED OR POSTED TO SCAN-ASSOCIATES
SCAN-ASSOCIATES does not claim ownership of the materials you provide to SCAN-ASSOCIATES (including feedback and suggestions) or post, upload, input or submit to any SCAN-ASSOCIATES site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SCAN-ASSOCIATES, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SCAN-ASSOCIATES is under no obligation to post or use any Submission you may provide and SCAN-ASSOCIATES may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
PROPRIETARY RIGHTS, TRADEMARKS AND COPYRIGHT
You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by SCAN-ASSOCIATES through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of SCAN-ASSOCIATES and others. You also acknowledge and agree that SCAN-ASSOCIATES and/or its affiliates have proprietary rights in the layout and design of this site.
As the Information is licensed only for your personal use, you are authorised to use the Information, data and other materials which are made available to you on this site for your own needs only, and you are not authorised to re-sell access to any such Information, data or materials or to make copies of, publish, distribute, reproduce, recompile, decompile, disassemble, reverse engineer, modify, upload to, transmit, alter, edit or in any other way exploit in any manner whatsoever any part of the Service or the Information, data or materials whether for sale or use to and by others for any purpose whatsoever without the prior written permission of SCAN-ASSOCIATES. You may make one print copy for your own personal use provided that you will not delete copyright or other intellectual property rights notices from any such printed copy of such electronically accessed Information, data or materials.
SCAN-ASSOCIATES, Rendezvous, SCAN-ASSOCIATES Mail logos and product and service names are trademarks of SCAN-ASSOCIATES ("SCAN-ASSOCIATES Marks"). In addition, other logos and product and service names appearing on the SCAN-ASSOCIATES site may also be trademarks of our business partners and associates. Without SCAN-ASSOCIATES's prior permission, you agree not to display or use in any manner, the SCAN-ASSOCIATES Marks nor any of the other logos and product and service names appearing on the SCAN-ASSOCIATES site.
All content and software (if any) that is made available to view and/or download in connection with the SCAN-ASSOCIATES sites/Services, excluding content and/or software that may be made available by end-users through bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others is owned by and is the copyrighted work of SCAN-ASSOCIATES and/or its suppliers and is protected by copyright laws and international treaty provisions.
THIRD PARTY INFORMATION PROVIDERS
SCAN-ASSOCIATES may from time to time permit third party(s) to provide information on this site. SCAN-ASSOCIATES's third party information providers make no warranties of any kind, express, implied or statutory (including, without limitation, as to the timeliness, truthfulness, reliability, content, sequence, completeness, accuracy or, freedom from interruption of the Information, any implied warranties arising from trade usage, course of dealing, or course of performance, or the implied warranties of merchantability or fitness for a particular use or purpose) and they shall have no liability for the accuracy of, or for delays or omissions in, any of the information, including the Information, provided by them. SCAN-ASSOCIATES's third party information providers shall also have no liability for any damages, whether direct, indirect, special or consequential, or for lost profits, howsoever incurred by you.
Notwithstanding any other term or condition of these Terms and Conditions, SCAN-ASSOCIATES and its third party information providers shall not in any way be obligated to perform or observe any of their respective obligations undertaken in these Terms and Conditions if prevented or hindered from doing so by any circumstances found to be beyond their control.
MODIFICATIONS TO THE SERVICE
You acknowledge that SCAN-ASSOCIATES in its sole discretion may at any time and from time to time modify or discontinue temporarily or permanently, the Service (or any part thereof) with or without notice. Changes or the failure to make timely changes may shutdown, sever or affect your access to or use of the Service and or the Information. SCAN-ASSOCIATES and/or its affiliates shall not be responsible for any consequences arising therefrom or any effects relating thereto.
TERMINATION
You agree that SCAN-ASSOCIATES may at any time and in its sole discretion without prior notice to you, terminate or suspend your access to all or part of the Service and or the Information or to the use of this site for any reason whatsoever, including, without limitation, misrepresentation in the Registration Form and breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity by you may be grounds for termination of your registration and may be referred to appropriate law enforcement authorities. You acknowledge and agree that SCAN-ASSOCIATES may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
SCAN-ASSOCIATES shall not be liable to you or any third party for any claims related to the termination of your registration with SCAN-ASSOCIATES. Upon any termination of your registration howsoever arising and for any reason whatsoever, you shall not make any claims or demands whatsoever against SCAN-ASSOCIATES.
DEALING WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SCAN-ASSOCIATES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
DISCLAIMER OF WARRANTIES
You understand that SCAN-ASSOCIATES does not guarantee and makes no representation or warranty as to the timeliness, sequence, accuracy, completeness, availability, continued availability reliability or content of the Information, or messages disseminated to or by any party. You understand that SCAN-ASSOCIATES does not warrant that the Service will be uninterrupted or error free. SCAN-ASSOCIATES shall endeavour to offer the Service as promptly and accurately as is reasonably practicable. In the event that the Service is not available, is delayed, is interrupted, is incomplete, or is not accurate or is otherwise materially and adversely affected, SCAN-ASSOCIATES shall only in so far as is reasonably practicable endeavour to correct such failure(s).
You agree that SCAN-ASSOCIATES shall not be liable in any way to you or any third party for any inaccuracy, errors, omissions or delays in the content of any information, including the Information, provided through this site, or for any actions taken by you, or any third-party, in reliance thereon. The information within this site can be considered to be reliable, but such information is not guaranteed.
You agree that your use of this site or the Information provided hereunder is at your sole risk. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. This site, the Service and the Information provided hereunder are 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 or in respect of non-infringement of any intellectual property.
SCAN-ASSOCIATES does not warrant that the Service is free from errors or viruses, worms or "Trojan Horses" and is not liable for any damage you may suffer as a result of such destructive features.
You expressly agree that use of the Service and this site is at your own risk and that SCAN-ASSOCIATES shall not be liable in any way to you or to any third parties including, without limitation, in respect of the following:
any information, data or message within this site; the transmission or delivery of any information, data or message to and from this site any loss or damage arising from or occasioned by any non-performance, deficiency, interruption or distortion of any Information, data or message, whether due to any negligent act or omission by SCAN-ASSOCIATES or otherwise; any "force majeure" event (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of SCAN-ASSOCIATES; or the use of the Service and this site.
INDEMNIFICATION
SCAN-ASSOCIATES and/or its affiliates shall have no responsibility or liability for any fault, inaccuracy, omission, delay or other failure in the Service or the Information caused by your computer equipment or communication media or arising from your use of the Service using such equipment or communication media.
Further, you agree, at your own expense, to indemnify, defend and hold harmless SCAN-ASSOCIATES and its subsidiaries, affiliates, co-branders or other partners against any claim, suit, action, demand or other proceeding, including reasonable legal fees, made by any third party, as a result of or relating to and including but not limited to the following:
your use or the use by someone using your computer or communication media of the Service including but not limited to posting or transmitting Content; any non-compliance with the terms and conditions hereof by you or someone using your computer; any claim that any use of the Service by you infringes any intellectual property rights of any third party or otherwise results in injury or damage to any third party; any deletions, additions, insertions or alterations to or any unauthorised use of the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you; or generally, any third party actions related to your use of Service and or the Information, whether authorized or unauthorized under these Terms and Conditions.
DISCLAIMER AND LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall SCAN-ASSOCIATES and/or its affiliates be responsible or liable for any lost profits, losses, punitive, incidental, direct, indirect, incidental, special or consequential damages howsoever incurred by you or by any other party in respect of these Terms and Conditions and the provision of the Service and the Information hereunder even if SCAN-ASSOCIATES has been advised of the possibility of such damages.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SCAN-ASSOCIATES may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SCAN-ASSOCIATES's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SCAN-ASSOCIATES has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SCAN-ASSOCIATES reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SCAN-ASSOCIATES reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
HYPERLINKS FROM THIS SITE
This site may from time to time contain links to third-party World Wide Web sites and resources on the Internet. SCAN-ASSOCIATES provides links to these other Web sites only as a convenience. The inclusion of such links on this site are not endorsements by SCAN-ASSOCIATES, implied or otherwise, of the linked site or any products or services in such sites, and no information in such sites has been endorsed or approved by SCAN-ASSOCIATES. The linked sites are not under the control of SCAN-ASSOCIATES, and SCAN-ASSOCIATES is not responsible for the contents of any linked site or any link contained in a linked site. You agree that under no circumstances shall SCAN-ASSOCIATES and/or its affiliates, be held responsible or liable, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked sites.
CONFIRMATIONS, STATEMENTS, NOTICES AND OTHER COMMUNICATIONS
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by mail, by e-mail, or other electronic means, all confirmations, statements, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty eight (48) hours after any such document is sent to you. In all cases, SCAN-ASSOCIATES reserves the right to determine the validity of your objection to the transaction. Notices and other communications may also be provided to you verbally.
You agree that SCAN-ASSOCIATES fulfils its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, or in the form of an available download from this site. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by SCAN-ASSOCIATES, you shall promptly advise SCAN-ASSOCIATES in order to allow us to make the required delivery by other means. Failure to advise SCAN-ASSOCIATES of such difficulty within forty-eight hours (48) after delivery shall serve as an affirmation that you were able to receive and open the said document.
Communications may be sent to you at your postal or electronic mail address or at such other address as you may hereafter give to us in writing or enter on this site. All communications so sent, whether by mail, e-mail, facsimile, telegraph, messenger or otherwise, shall be deemed delivered and received, whether actually received or not.
All notices, payments and other communications required to be given in writing under these Terms and Conditions shall be directed to: SCAN ASSOCIATES SDN BHD at No. 6, Lorong Gurney, Off Jalan Semarak, 54100 Kuala Lumpur, Malaysia, or to the User at the last address known contained in the Registration Form.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed according to the laws of Malaysia. All disputes arising out of or in connection with these Terms and Conditions shall be submitted to the courts of competent jurisdiction in Kuala Lumpur, Malaysia.
If you are a foreign national, non-resident alien, or if you do not reside in Malaysia, you affirmatively agree to waive your right to file any action against SCAN-ASSOCIATES in any foreign venue or jurisdiction other than in Malaysia as set forth above.
ACCESS OUTSIDE MALAYSIA
If you choose to access the Service and or the Information from outside Malaysia, you are responsible for compliance with foreign and local laws.
SUCCESSORS BOUND
You hereby agree that these Terms and Conditions and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, liquidators, receivers, lawful assignees and successors-in-title.
BREACH, BANKRUPTCY OR DEFAULT
Any breach of these Terms and Conditions or the filing of a petition or other proceeding in bankruptcy, insolvency, winding-up or for the appointment of any receiver, manager or administrator by or against you, or your death, mental incompetence or dissolution, or any other grounds for insecurity, as determined by SCAN-ASSOCIATES in our sole discretion, shall constitute, at SCAN-ASSOCIATES's election, a default by you by of these Terms and Conditions.
WAIVER
Except as specifically permitted in these Terms and Conditions, no provision or condition of these Terms and Conditions can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by SCAN-ASSOCIATES.
Any failure by DCeil to enforce any term of these Terms and Conditions, or any forbearance, knowledge, acquiescence, delay or indulgence granted by SCAN-ASSOCIATES shall not be construed as a waiver of any of SCAN-ASSOCIATES's rights under these Terms and Conditions.
AMENDMENTS AND ENTIRE AGREEMENT
Subject to SCAN-ASSOCIATES's rights to amend the terms and conditions of these Terms and Conditions pursuant to Clause 2 hereof, these Terms and Conditions represents the entire agreement between you and SCAN-ASSOCIATES concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on this site and by your use of this site and you agree to be bound by any and all such postings. Notwithstanding the foregoing, you may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
EFFECT OF INVALIDITY
Each of the terms and conditions of these Terms and Conditions is severable and distinct from the others. If at any time any term or condition of these Terms and Conditions shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court of competent jurisdiction, or regulatory organisation, agency or body, such invalidity or unenforceability shall attach only to such term or condition and the validity of the remaining terms and conditions shall not be affected or impaired thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable term or condition were not contained herein.
HEADINGS ARE DESCRIPTIVE
The heading of each term or condition hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such term or condition. |
