A. INTRODUCTION
WELCOME TO DNT.COM. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE AND YOUR RELATIONSHIP WITH THE "COMPANY. YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THIS SITE, PARTICULARLY AS THEY INCLUDE LIMITATIONS AND EXCLUSIONS ON THE LIABILITY OF THE COMPANY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR BROWSE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE MEANS YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO ABIDE BY THE TERMS AND CONDITIONS BELOW.
This website (the "Site") is published and maintained by the Company. You can e-mail us at webmaster@dagangnet.com. When you access, browse or use this Site you accept, without limitation or qualification, these Terms and Conditions.
B. DEFINITIONS
“Company” means Dagang Net Technologies Sdn Bhd (Company No. 177974);
“Content” means this Site and the copyright in all materials on this Site, including but not limited to all text, information, graphics, animation, images, software and any other materials on this Site;
“Indemnified Parties” means the Company and all of its agents, directors, employees, information providers, licensors and licensees and officers
“Registration Data” means the information about yourself as a member;
“Site” means the website found at [ ];
“these Terms and Conditions” means these Terms and Conditions governing access and the use of the Site;
Use of the term “Ýou”, “your”, “yourself” refer to the person who uses the Site.
C. TERMS AND CONDITIONS
1. Registration
1.1 In consideration of your use of the Site, you agree to:
(a) to provide true, accurate, current and complete the Registration Data as required by the registration form; and
(b) to maintain and promptly update the Registration Data to ensure that it remains at all times current, complete, true and accurate. If you provide any information that does not meet those standards, or the Company has reasonable grounds to suspect that such may be the case, the Company has the right, exercisable in its sole discretion, to suspend or terminate your membership and to refuse to provide you with any or all current or future access to or use of the Site (or any part of it) without prior notice.
2. Member Account, Password and Security
2.1 Each person whose application for registration for membership is approved by the Company will receive a password and membership designation upon completion of the Company's registration process.
2.2 You are responsible for maintaining the confidentiality of your password, and shall accept full responsibility for all activities that occur under your password or account, whether or not made with your knowledge or by your authority. All activities that occur under your password shall be binding on you.
2.3 You agree to:.
(a) take all reasonable precautions to prevent fraudulent use of the your password;
(b) immediately notify the Company of any loss, theft, misuse, disclosure or unauthorized use of the your password or membership or any other breach of security; and
(c) ensure that you exit from the your membership login to the Site at the end of each session.
2.4 The Company is not obliged to investigate the authenticity or authority of the user and will not be liable for any loss or damage arising from your failure to comply with these rules.
3. Your Right to Use the Site and its Contents
3.1 This Site is only for your personal use.
3.2 You may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
3.3 You will not use the Site for any illegal or unlawful purpose or where otherwise prohibited under law.
3.4 You will not post, send or transmit any unauthorized content on to or through the Site including without limitation, content that:
(a) is unlawful, vulgar, obscene, libelous, breach of privacy, abusive or otherwise objectionable;
(b) “junkmail”, “spam”, “chain letters” or any other form of unauthorized materials; and
(c) contains software viruses or any file or program that may interrupt, disable, corrupt or impair the Site or the hardware and software system, security protocols, information/service provider networks or other operations.
3.5 You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
3.6 As long as you comply with the terms of these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site.
4. Copyright and Trade Marks
4.1 The Content and the arrangement of this Content are owned by or licensed to the Company.
4.2 The trade marks on this Site and any other names, images and logos identifying the Company and its products and services are proprietary trade marks of the Company. The names and logos of other companies and products mentioned on this Site may be the trade marks of third parties, including our business partners and are used by us with the permission of their respective owners.
4.3 You cannot use the Content except as specified in these Terms and Conditions.
4.4 You agree to follow all instructions on this Site limiting the way you may use the Content.
4.5 By making the Content available on this Site, the Company is not granting you any license to utilize any proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
4.6 You may download one copy only of the Content to be used only by you for your personal non-commercial use.
4.7 You agree you will not :
(a) remove any copyright or trademark notices or other notices that go with it;
(b) alter or remove any copyright, trade mark or other proprietary notice of the Company or of any other company appearing on this Site;
(c) modify, frame or edit the Content or publish or sell the Content including but not limited to making the content available on any other website;
(d) reverse engineer, translate, adapt or modify any software used in connection with this Site;
(e) create any links from any other website to this Site without the Company's express prior written permission; or
(f) use any Content copied from this Site for any business, commercial or public purpose.
5. Content may not be Resold
5.1 You agree not to reproduce, duplicate, copy, sell, resell or use for any commercial purposes, any portion of the Site or any Content forming a part thereof.
6. The Company's Rights to User's Material
6.1 If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Company uses such material.
6.2 Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company anywhere in the world, in any medium. The Company is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You agree and understand that the Company is not obligated to use any such ideas or materials and you have no rights to compel such use.
7. Transmitted Material
7.1 Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice from the Company that a particular message is encrypted.
7.2 Sending a message to the Company does not cause the Company to have any special responsibility to you.
8. Use and Storage Practices
8.1 You acknowledge and agree that the Company may establish general practices and limits concerning the use of the Site, including without limitation:
a. imposing a maximum on the number of days that email messages will be retained by the Site;
b. imposing a maximum on the number of email messages that may be sent from or received by you on the Site;
c. imposing a maximum on the size of any email message that may be sent from or received by you on the Site;
d. imposing a maximum on the amount of disk space that is allotted on the Company's servers on your behalf; and
e. imposing a maximum on the number of times (and the maximum duration for which) you may access the Site in a given period of time.
8.2 You acknowledge and agree that the Company has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by the Site on you or any other person's or entity's behalf.
8.3 You acknowledge that the Company reserves the right to terminate memberships that are inactive for an extended period of time.
8.4 You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without prior notice.
9. Information on Ships, Cargoes and Members
9.1 You accept and agree that all information on ships, cargoes and members is displayed "as is", as has been submitted by contributing members. The Company does not interfere whatsoever with the actual content of the displayed database records. The Company simply copies the information to the online database, believing in good faith that it is accurate. The Company does not check the accuracy of the information prior to publication on the Site.
9.2 The Company does not guarantee that the Content of the displayed records represents accurate information. The Company does not accept any responsibility whatsoever resulting form inaccuracy of any kind, intended or not, of the information displayed on this Site. The Company does not accept responsibility for any damages, direct or indirect, incurred as a result of the information displayed on this Site.
9.3 The Company makes every possible effort to copy the records accurately to the online database, and ensure the integrity and availability of the database. If information is copied to the online database inaccurately due to human error of the Company's staff or for any other reason, the liability of the Company is limited strictly to correct the entries. The Company does not accept any other liability whatsoever for damages or losses, direct or indirect, resulting from the use of the database by users of this Site.
9.4 You agree that you will be solely responsible to evaluate and conduct your own investigations into the quality, accuracy, adequacy and completeness of the Content or any information and material contained in this Site and you shall bear all risks associated with, the use of any Content, including any reliance on the completeness, accuracy or usefulness of such Content.
9.5 The information displayed on this Site has been contributed willingly by members, either directly or indirectly or through messages sent to the Company. It is the responsibility of contributing members to ensure that the items submitted have not been copyrighted by somebody else.
10. Arrangements between Members
10.1 The Company acts as an intermediary only and shall not be responsible for any representations made by any member or for any contract or arrangement entered into between a member and another member or third party, which shall be considered by the Company to be a private matter between the parties.
10.2 Members are solely responsible in connection with completing all legal, financial and logistical requirements related to any transaction entered into between them. Relationships between members shall be governed by the terms of any contract entered into between those members and the Company accepts no liability whatsoever for any loss or damage of any kind arising as a result of private transactions entered into between members.
11. Availability of Online Data
11.1 The Company has taken every reasonable step to ensure the 24-hour availability of the online data and the easy and fast access of every visitor to it.
11.2 In any event that the Site or the online database become unavailable or operate incorrectly due to any kind of technical reasons, or for any other unforeseen circumstances, the Company will make every reasonable effort to restore normal operation in the shortest possible time. The Company does not accept any other responsibility for any problems or damages, direct or indirect, resulting from the unavailability or incorrect operation of the Site or of the online database.
11.3 The Company has taken specific steps to ensure that the Site can be accessed by large numbers of users simultaneously, without speed degradation and without communication problems. The Company does not accept any responsibility for any communication problems which might affect the accessibility of users to the Site.
12. Links
12.1 This Site may contain links to other Internet sites on the World Wide Web. The Company exercise no control over linked sites and is not responsible for the content of any site linked to or from this Site. The Company is providing the links to you only as a convenience.
12.2 Links from this Site to any other site do not mean that the Company approves of, endorses or recommends that site. Your linking to any off-site pages or other sites is entirely at your own risk. The Company accepts no responsibility or liability in respect of such third party Content, or for the operation of other sites and disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Access to and use of such third party sites will be subject to any terms and conditions applicable to such access/use.
13. Use by persons under 18
13.1 This Site is designed and intended for use only by adults. Persons under the age of 18 may not use this Site.
13.2 Each time you access, you are representing to the Company that you are an individual of 18 years of age or older.
14. Disclaimer of Warranties
14.1 YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED ON AN 'AS IS' BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY EXPRESSLY EXCLUDES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WRITTEN OR ORAL INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS, ACCURACY, PRECISION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, OR THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.
14.2 THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. THE COMPANY RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT PRIOR NOTICE.
14.3 WHERE THIS SITE CONTAIN INFORMATION PROVIDED BY THIRD PARTY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
15. Limitation of Liability
15.1 YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR GOODWILL, LOSS OF OPPORTUNITY, LOSS OF DATA OR ANY OTHER DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL LOSS, DAMAGE OR EXPENSE OF ANY KIND WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY OF THE CONTENT ON THIS SITE, OR FROM YOUR ACCESS TO OTHER MATERIAL ON THE INTERNET VIA ANY LINKS TO THIS SITE.
15.2 THE COMPANY EXCLUDES ALL LIABILITY FOR ANY INTERRUPTION, DELAY OR INABILITY TO ACCESS THE SITE, OR ANY ERRORS IN TRANSMISSION FOR WHATEVER REASON.
16. Indemnification
16.1 You agree to indemnify, defend and hold the Indemnified Parties harmless against any and all claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and client basis) and other liabilities whatsoever and howsoever caused arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants.
16.2 You agree to cooperate as fully as reasonably required in the Company's defence of any claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
17. Note Regarding Exclusions and Limitations
17.1 Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, certain of the limitations set out above may not apply to certain users.
18. Termination of Usage
18.1 The Company may terminate or suspend your access to all or part of this Site or your membership, without prior notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a service provider or the Company.
18.2 The Company may immediately deactivate or delete your password or membership and any related information or files relating to your membership and/or bar any further access to such files or the Site.
18.3 Further, you acknowledge and agree that the Company shall not be liable to you, any user or any third party for the termination of your to the Site or any of the foreseeable or unforeseeable consequences thereof.
19. Amendment to the Terms or Content on the Site
19.1 The Company reserves the right to add to, change or remove any part of these Terms and Conditions at any time, without prior notice.
19.2 The Company will notify you of such changes by posting an updated version of these Terms and Conditions on this Site and such changes will apply as soon as they are posted. You are responsible for regularly reviewing these Terms and Conditions. Continued use of this Site after any changes are posted shall constitute your consent to such changes.
19.3 The Company may add to, change, discontinue, remove or suspend any other Content posted on this Site, temporarily or permanently, at any time, without prior notice and without liability. If you are dissatisfied with any part of this Site or the Content, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this Site.
20. Entire Agreement
20.1 These Terms and Conditions and any additional terms posted on this Site together constitute the entire agreement between the Company and you with respect to your use of this Site.
21. Severability
21.1 If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be void, voidable or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions shall continue in full force and effect in that jurisdiction without in any manner affecting the validity or enforceability of the entirety of these Terms and Conditions in any other jurisdiction, as though the void or unenforceable provision were not a part of these Terms and Conditions.
22. Disputes
The Company reserves the right of final decision in the event of a dispute.
23. Applicable Law
23.1 This Site is created and controlled by the Company in Malaysia.
23.2 These Terms and Conditions shall for all intents and purposes be governed by and construed in accordance with the laws of Malaysia.
23.3 The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Malaysia for any litigation arising out of or relating to the use of or services obtained through the Company (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in Malaysia courts and agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.
23.4 Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises.
24. Headings
24.1 Titles used in these Terms and Conditions are for convenience of reference only and have no legal or contractual effect.
25. Contact Us
25.1 We welcome comments and questions. Please contact us.
26. Registration
If you would like to register with DnT.com as a member of this Site, please click here to accept the Terms and Conditions.
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