Terms & Conditions - Cocoro Life

Terms & Conditions

1. FUNCTION AND PURPOSE

You acknowledge that the Website functions as an online platform for Service Users to connect with Service Providers for the purposes of transacting to respectively receive and provide Services. Cocoro Life Malaysia (“CLM”) is not itself a Service Provider or a Service User.

2. USER REPRESENTATION

By using or participating in the Website, you represent, warrant and undertake that:
i) you are at least eighteen (18) years of age;
ii) all registration information or any other information that you are required to submit in order to gain full use of this Website for your intended purpose as a Service Provider or Service User is true and accurate and that you will maintain the accuracy of such information;
iii) you have the authority to enter into and accept these Terms of Use;
iv) you are or intend to be either a Service Provider, Business Partner or Service User;
v) you agree to make the necessary payments for any Services requested or Products purchased through the use of the Website (if any); and
vi) your use of the Website and Services offered through this Website do not violate any applicable law or regulation which you are subject to;

3. ACCEPTANCE

The terms and conditions (“Terms and Conditions”) in this document (“Agreement”) describe and stipulate the provisions which govern and regulate the legal relationship between you (“Customer”, “your”) and COCORO LIFE (MALAYSIA) SDN BHD (“Us”, “We”, “CLM”). COCORO LIFE (MALAYSIA) SDN BHD (202001041872 (1398193-T)) is a company incorporated under Malaysian law.
This Agreement contains the current terms and conditions that apply to the use of the services offered on this Website. You must read carefully and accept these Terms and Conditions upon purchasing or register for, access or use the Services (collectively referred to Use of Services).
The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you. On registering an Account, you hereby acknowledge that you are fully aware of the contents of these terms and conditions and agree to be bound by and accept these terms and conditions. You may also be required to accept the Terms and Conditions by clicking the “accept” button or any other acceptance mechanisms that may be implemented from time to time before you are permitted to use the Services provided in this Website.
We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification.
You acknowledge that the Website functions as an online platform for Service Users to connect with the Service Providers or Business Partners for the purposes of transacting to respectively receive and provide Services. CLM is not itself a Service Provider or a Service User.

4. DEFINITIONS

“Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities, features, and any applicable benefits offered on the Website, whether as a Service User, Service Provider, or Business Partner;
“Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Website and which is made known to you from time to time;
“Business Partners” means any other business entities or solution providers in other fields, that offers services which do not require a Service Provider, including but not limited to, e-Commerce platforms, membership management, logistics, marketing, and/or payment gateway solutions that may or may not be listed in the Website.
“Data” is defined in Clause 14;
“Cocoro Life Services” means the facility provided by the Website including but not limited to (i) accepting Service User requests and disseminating them to Service Providers and Business Partners; (ii) facilitating Service Providers and Business Partners to render quotations to Service Users; (iii) facilitating Service Users, Service Providers, and Business Partners to make contact; (iv) maintaining profiles for Service Providers and Business Partners; and (v) any other ancillary or related services;
“Marks” is defined in Clause 14;
“Password” means the password which you may be required to create, provide and use in order to create and use an Account;
“Service” means the professional service offered and / or to be rendered by a Service Provider in the course of his business to a Service User;
“Service User” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for professional services offered by Service Providers, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Provider via the Website (iii) uses or purchased goods via the e-Commerce platform in the Website or any other solutions provided by our Business Partners;
“Service Provider” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
“Submitted Content” is defined in Clause 7;
“Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;
“user”, “you” and “your”, as applicable, means a person who accesses, uses, and/or participates in the Website in any manner, whether as a Service User or Service Provider; and “Website” means (i) the websites bearing the domain www.cocorolife.my and any other related microsites and / or mobile or web applications owned and operated by CLM which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.

5. LICENSE TO ACCESS

CLM hereby grants you a non-exclusive, revocable license to use the Website as set forth in these Terms of Use, provided that:
i) you will not copy, distribute, or make any derivative works of the Website in any form and medium without CLM’s prior written consent;
ii) you will not modify or alter any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
iii) you will act in accordance with these Terms of Use and shall always comply with all applicable laws.

6. ACCOUNT

While it is possible to generally use and browse the Website without registering or providing your personal details, however, you may be required to create an Account in order to access and utilise the full facilities and features offered on the Website. To create an Account, you are required to submit your name, email address and/or create a Password for the Account. You may also be requested to provide additional optional information, but at your discretion.
You hereby agree:
i) You are solely responsible for safeguarding your Password and shall keep your Password secure at all times. Any activity that occurs to your Account shall be your sole responsibility, and you shall notify CLM immediately upon any breach of security or any unauthorised use of your Account.
ii) You shall never use another person’s Account without their permission.
iii) You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
iv) You acknowledge and agree that CLM will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding anything herein, you may be liable for the losses of CLM or others due to such unauthorised use.

In addition and in connection with the use of your Account, you acknowledge and agree that:
i) You will not copy or distribute any part of the Website in any medium without CLM’s prior written authorisation;
ii) You should always assume that all materials on the Website is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Website.
iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
iv) You will provide accurate and complete information when creating your Account;
v) You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without CLM’s prior written approval;
vi) You shall not in any manual or automated manner collect Service Providers, Business Partners, or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site;
vii) You shall not in any way transmit request messages to the CLM servers, or any server of a CLM’ subsidiary or its affiliates, in a given period of time more than a human can reasonably produce in the same period by using a conventional online web browser; However, the operators of public search engines may use “robots” or certain programmes to copy materials from the site for the sole purpose of ensuring that the searchable indices of the materials are publicly available, but not caches or archives of such material. CLM reserves the right to revoke these exceptions either generally or in specific cases;
viii) You shall not solicit, contact, or recruit via any medium, any Service Providers or Service Users for employment or contracting for a business not affiliated with without prior, written authorisation from CLM;

Furthermore, you shall not commit any actions that may compromise the Website’s infrastructure and security, such as:
(i) Unreasonably disrupt and encumber the Website’s infrastructure;
(ii) interfere or attempt to interfere with the functions of the Website or any third-party participation in the Website that ensure the Website is in proper working condition; or
(iii) bypasses CLM’s cyber security measures that are used to prevent or restrict certain access to the Website; and
(iv) not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

7. PROHIBITIONS, REPRESENTATIONS AND WARRANTIES

a) You shall not upload, post, transmit, transfer, distribute, disseminate or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website including but not limited to (i) your user profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Website, the Service, the Service Providers, Business Partners, or the Service User (collectively referred to as “Submitted Content”) that:
i) misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information, provides or create links to external sites that violate this Terms of Use;
ii) is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
iii) invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
iv) contains falsehoods or misrepresentations that could damage CLM or any third party;
v) incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
vi) is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
vii) advertises or solicits a business not related to or appropriate for the Website (as determined by CLM in its sole discretion);
viii) is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant CLM all of the license rights granted therein;
ix) contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
x) contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of CLM.
xi) distributes or contains viruses or any other technologies that may harm CLM, or the interests or property of CLM users;
xii) contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
xiii) contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
xiv) is non-local or irrelevant content; or
xv) is intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers through any means;

b) You will not send messages to other users whom you have made contact with via or through the Website containing:
i) unsolicited advertising or marketing of a service that is
(i) not offered on the Website or on an external website
ii) offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment.

c) While using the Website, you shall not:
i) violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
ii) post content or items in any inappropriate category or areas on the Website;
iii) fail to pay for Services purchased by you, fail to perform Services purchased from you,;
iv) circumvent or manipulate any fee structure or billing process that we may have or implement;
v) post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);
vi) carry out any actions that may undermine any feature that CLM has or may come up with for the purposes of the Website; or
vii) leave any untrue or inappropriate feedback about a Service Provider and you shall at all times use careful and good judgment in leaving any feedback

d) You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:
i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize CLM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
iii) You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
iv) You may retain all of your ownership rights in your Submitted Content, and you hereby grant, and you represent and warrant that you have the right to grant to CLM a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to, use, reproduce, link to, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and CLM’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website (and any derivative works in any media formats and through any media channels).
v) You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to read and use, such Submitted Content as permitted through the functionality of the Website and under these Terms of Use.

8. COCORO LIFE MALAYSIA – DISCLAIMERS AND RIGHT TO REMOVE SUBMITTED CONTENT

a) CLM hereby declares that we do not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and CLM expressly disclaims any and all liability in connection with any and all of the Submitted Content.
b) Copyright infringing activities and infringement of intellectual property rights on the Website are strictly prohibited by us. Upon being notified or having reason to believe that an infringement has occurred, CLM reserves the right to remove any Data or Submitted Content in its sole discretion, without prior notice to a user who has or is suspected to have conducted such infringement. CLM may take any action or steps it deems fit in its sole discretion against such infringement.
c) CLM reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
d) You acknowledge and understand that when using the Website, you will be exposed to Submitted Content:
i) from a variety of sources and that CLM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content;
ii) that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against CLM, and agree to indemnify and hold CLM, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
e) You are also solely responsible for the photos, profiles and other content, including, without limitation, any Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You hereby understand and agree that CLM may, without incurring any liability and at its sole discretion, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

9. SERVICE PROVIDERS AND BUSINESS PARTNERS

a) If you are an individual using the Website and/or have register for an Account as a Service Provider or Business Partner, you represent and warrant that you have the authority to bind the individual and/or company that is responsible for and operates the business as a Service Provider and your acceptance of the Terms of Use will be deemed an acceptance by that Service Provider.

b) By signing up, registering or creating an Account on the Website as a Service Provider, you agree and undertake to comply with any requests for information by us for the purposes of due diligence, including but not limited to, verifying the legality, legitimacy, conduct and proper establishment of your business, company or operations and/or provision of your Service.

c) Service Providers and Business Partners shall not:
i) register or list on the Website in a category of Service which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
ii) misrepresent the location(s) at which they will provide a Service;
iii) use misleading titles, words or phrases that do not accurately describe the Service they provide;
iv) include any information in their Profile that is fraudulent or otherwise incorrect;
v) do anything to circumvent or avoid any fees that CLM may charge;
vi) include third party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Website;
vii) conduct fraud or misconduct on any promotions or partnerships which CLM may conduct;
viii) use their Profile or the Website for promoting products or goods and services that are not offered by the Service Provider or Business Partner through the Website; Services which are not a recognised category on the Website; any website, service, product, party or anything not directly related to their Service or otherwise prohibited by CLM in its sole discretion from time to time; or any services that may be prohibited under law;
ix) solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by CLM as it may in its sole discretion determine from time to time;
x) offer or solicit any Service or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.
xi) Commit any other acts that are illegal and prohibited by law, including both civil or criminal.

10. SERVICE USERS

a) Service Users shall not:
i) purchasing or using a Service with no intention of paying for such Service;
ii) sign up, request or negotiate a price for, use, or otherwise solicit a Service with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; and/or for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; and/or any other non-personal use;
iii) request for or agree to purchase a Service when you know, have reason to believe or have been put on notice that you do not meet the Service Provider’s terms; and/or with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

b) As a Service User, you are encouraged to refer to our How to Hire Guidelines and to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Service Provider.

11. NO CONFIDENTIALITY

Without prejudice to the Privacy Policy, PDPA Notice, or any other legislature related to privacy that maybe introduced from time to time you acknowledge and agree that CLM does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Website.

12. MODIFICATIONS TO TERMS OF USE OR PRIVACY POLICY

CLM reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

13. TERMINATION

a) CLM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice and in its sole discretion. You agree that CLM shall not be liable to you or to any third party for any modification, suspension or discontinuance of CLM’s services.

b) You hereby acknowledge and agree that CLM in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website or any part thereof, or remove and discard any Submitted Content on the Website immediately and without notice and for any reason which is may but is not obliged to disclose.

c) Upon termination of your Account, your right to participate in the Website in any way shall automatically terminate with immediate effect.

d) Upon termination the following shall occur:
i) Disabling of your Account. You may not be granted access to your Account or any files or other data contained in your Account.
ii) Immediate termination of all licenses granted to you;
iii) Notwithstanding your termination, such residual data may remain in the CLM system;

e) CLM shall not be in any way liable to you or any third party for any termination of your access to the Website. CLM retains the right to use any data collected from your use of the Website and all related licenses that you have granted to CLM hereunder shall remain in effect for the foregoing purpose. In no event shall CLM be obligated to return any Submitted Content to you. All terms and conditions and rights in favour of CLM shall survive termination and remain in the full benefit of CLM.

f) You agree to indemnify and hold CLM, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the termination.

14. INTELLECTUAL PROPERTY RIGHTS

a) The trademarks, logos and service marks (known collectively as “Marks”) as well as content (including but not limited to information, date, communications, software, images, videos and sounds) (known collectively as “Data”) contained on or available on the Website belongs to CLM, its content providers and third party licensors.
b) You are not entitled to use any of CLM’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without CLM’s prior written consent.
c) You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of CLM.
d) The entire contents of the Website also are protected by copyright as a collective work under the Malaysia Copyright Act 1987.

e) Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

f) CLM reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

15. DISPUTES

a) Your interactions with other users, whether individuals, companies and/or organizations and whether with our Service Provider, Business Partners or other Service Users, found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary due diligence or inquiries necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.

b) You understand and acknowledge that when you are solely responsible and is done upon your own personal decision when you use the Services or purchase any Products, provide Services to a Service User, or use information contained in any Submitted Content.

c) You understand that CLM does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.

d) In the event of any dispute between you and a Service User, Service Provider, Business Partner or any other third party or user in relation to the Website, such dispute shall be resolved between you and such Service User, Service Provider or any third party or user, and CLM shall not have or hold any responsibility, liability or obligation in relation thereof.

e) Notwithstanding the foregoing, you agree that CLM shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. In the event of a dispute between users on the website, or between users and Service Providers or Business Partners, or between users and any third party, you acknowledge and agree that CLM is under no obligation to be involved. In the event that a dispute arises between you and one or more users or any third party, you hereby release CLM, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.

16. ADVERTISEMENTS AND THIRD PARTY LINKS

a) Aspects of the Website and other CLM services may be supported by advertising revenue. For such purposes, CLM may display advertisements and promotions on the service. The manner, mode and extent of advertising by CLM on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply an endorsement by CLM of any advertised products or services. You hereby agree that CLM shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website in any form.

b) The Website may provide links to other web sites hosted by third parties (“Linked Sites”). We are under no obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners, or their providers.

c) The Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions which may differ from the provisions provided here and our Privacy Statement. In the event you are linked to any of these Linked Sites or visiting otherwise, please review their respective terms of use, privacy statements, notices and policies.

d) We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.

e) You further acknowledge and agree that CLM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than CLM are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

17. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITIES

a) You expressly acknowledge and agree that the use of the website is at your sole risk. CLM, its directors, employees, officers and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the website and from your use or inability to use thereof including but not limited to:-

i) THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE OR ANY SERVICE THAT CLM PROVIDES.

ii) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY CLM OR ANY THIRD PARTY THROUGH THE WEBSITE);

iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR CLM’S SERVERS, DATA OR INFORMATION;

iv) ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;

v) ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;

vi) ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;

vii) ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

b) You expressly acknowledge and agree that to the fullest extent permitted by law, in no event shall CLM, its officers, directors, employees and agents be liable for any direct, indirect, incidental, special, general, punitive, exemplary, consequential damages or any form of damage, loss or injury in any form whatsoever (including but not limited to loss of profits, corruption or loss of data, failure in transmission of data or business interruption regardless of the theory of liability (contract, tort or otherwise) arising or resulting from or under and in connection with the website and from your use or inability to use thereof, including but not limited to:-

i) the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and noninfringement of third party rights of the website;
ii) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the website (whether by CLM or any third party through the website, any website, submissions or any other means);
iii) any unauthorized access to or use of the website or CLM’s servers, data or information;
iv) any cessation, termination or disturbance of transmission to or from the website;
v) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the website whether due to the actions of any third parties or otherwise;
vi) any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;
vii) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the website or otherwise.

c) You agree to indemnify and hold harmless to the fullest extent allowed by law, CLM, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the website, your breach and/or violation of any term of these terms of use, your breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy rights.

18. FEES AND TAXES

a) CLM reserves the right at its sole discretion to charge fees to Service Users, Service Providers, and/or Business Partners for the CLM Service and the use of the Website, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through CLM. CLM reserves the right to charge fees for such facilities at its sole discretion and by using the Website, you agree to pay any such fees as CLM may notify to you and prescribe from time to time.

b) CLM acts solely as only an online platform for Service Users to connect with Service Providers and Business Partners for the purposes of transacting to respectively receive and provide Services or the purchase of Products offered by Business Partners. CLM is not itself a Service Provider or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Provider to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.

c) Any fees that CLM may charge the Service Provider or Business Partner are due immediately and are refundable provided the Users, Service Providers, and Business Partners have satisfactorily completed CLM’s cancellation and refund processes which apply to selected Services or Products only. The Service Providers, Business Partners, and Users authorise CLM to collect fees on their behalf whenever applicable. If any, such fees for Services rendered excluding the software usage fee shall be released to the Service Provider or Business Partner accordingly.

d) Service Providers and Business Partners acknowledge that the total amount of fees paid to them by the users includes the software usage fee, which you are collecting on behalf of CLM. Such software usage fee shall be determined by CLM at its discretion, from time to time.

e) CLM may, at its sole discretion, make promotional offers with different features and different rates to any of the Services Providers, Business Partners or Users whereby these promotional offers shall accordingly be honoured by you. CLM may determine or change the fee as CLM deems in its absolute discretion as necessary or appropriate for the business.

f) Users may choose to pay for the Services by cash and where available, by credit or debit card (“Card”), bank transfer, or any electronic modes of payment available at the Website. CLM retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Users, Service Providers, and Business Partners are to be in breach of the Terms and Conditions between the Service Providers, Business Partners and Users and CLM. In such an event, you shall not hold CLM liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.

g) You agree that you will cooperate in relation to any investigation that is required and to assist CLM in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

19. NOT PARTY / NO AGENCY OR PARTNERSHIP

a) You hereby agree and acknowledge that CLM SHALL NOT be a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Providers in connection with any Service offered, directly or indirectly, through the Website.

b) No agency, partnership, joint venture, or employment shall be formed as a result of the Terms of Use or your use of any part of the Website. You do not have any authority whatsoever to bind CLM in any respect. All Service Providers and Business Partners are independent of CLM. Neither CLM nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

20. Entire Terms and Severity

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by CLM on the Website, shall constitute the entire agreement between you and CLM concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

21. Governing Law

These Terms of Use shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.