- By accessing, using or continuing to access or use the Site, you (“User”) signify that you have read, understood and agreed to be bound by the Agreement, regardless of whether you are a registered user of the Site.
- You agree to browse, visit, use and/or access the Site at your own risk.
- If you do not accept the Agreement, please do not browse, visit, use and/or access the Site and/or any services in connection with the Site.
2. Definitions and Interpretations
- Business Day – means any day (other than a Saturday, Sunday and public holiday in Kuala Lumpur) on which banks are open for general business in Kuala Lumpur;
- Content – means all content available on the Site, including the Postings, organisation, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
- Heretix360 – means HERETIX360 SDN. BHD. (Company No. 1219320-U), a company incorporated in Malaysia and having its registered address at Lot M-02, Twin Arkz, No.3, Jalan Jalil Perkasa 1, Bukit Jalil 57000 Kuala Lumpur MALAYSIA and business address at Lot M-02, Twin Arkz, No.3, Jalan Jalil Perkasa 1, Bukit Jalil 57000 Kuala Lumpur MALAYSIA, and is the owner and operator of the Site
- Intellectual Property – means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licences and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
- Parties – means Heretix360 and the User(s), and “Party” means any one of them;
- RM – means Ringgit Malaysia, the lawful currency of Malaysia;
- Site – means the online platform at https://www.heretix360.com and any subdomain thereof, including its web-based and related mobile applications (if any), related databases and supporting software operated by Heretix360 to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to Heretix360, the Users or any third party;
- User -means any person who browses, visits, accesses and/or uses the Site, whether active, semi-active or inactive user, and “Users” means any two or more of them.
- References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
- The expressions “Heretix360” and “User” shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
- Unless the context requires otherwise, words importing the singular include the plural and vice versa, and words importing a gender include every gender.
- Any reference to “writing”, or cognate expressions, includes any communication effected via the Site, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
- Any reference to “person” includes any individual, corporation, partnership, limited partnership, proprietorship, association, limited liability company, firm, trust, estate or other enterprise or entity.
- Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
- If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.
- Heretix360 is the owner and operator of the Site.
- Heretix360 shall be entitled at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the Site (whether in whole or in part).
4. Use of The Site
- The User acknowledges the following:
- that Heretix360 and the Site does not give warranty, either express or implied, as to the functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the Site and the Contents;
- that the Content and material available on the Site shall be for informational purposes only, and shall not be regarded as an offer, solicitation, invitation, advice and/or recommendation from Heretix360 to buy, sell, subscribe to or dispose of any product;
- that it places and has placed no reliance whatsoever on any representations, agreements, statements or undertakings, whether oral or in writing, made or alleged to have been made by Heretix360 in relation to any Contents, activities, outcomes and/or transaction on the Site;
- that Heretix360 provides the Site on as “as is” basis and makes no representation as to the quality, completeness, up-to-dateness or accuracy of any Content made available on the Site;
- that Heretix360 does not warrant the use and access to the Site will be uninterrupted, error free or free of computer viruses or computer bugs or other harmful or corrupting code, or that defects will be corrected, or that the download, installation or use of any software or content of the Site in or with any computer will not affect the functionality or performance of the computer;
- the User shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the Site at the User’s own risk and expense, and shall be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonably possible to prevent unauthorised use or access) of any software and/or equipment used by the User;
- the User shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in his computer, and Heretix360 shall not be liable for the loss of any of the content in the User’s computer and/or equipment, or for the deletion or failure to store any content maintained or posted by or through the Site; and
- that Heretix360 does not warrant the Site will be protected against any malicious attack and that the data will not be compromised under such attack.
5. Rights and Powers of Heretix360
- The User hereby irrevocably authorises Heretix360 to disclose any information and/or data relating to the User to any government or regulatory agency or authority, any credit bureau, any other third parties, service providers, agents or business partners, and any other person to whom disclosure is permitted and/or required by the law.
- Heretix360 reserves the right at its sole discretion to remove any Contents from the Site without assigning any reason thereof.
- Heretix360 reserves the right at its sole discretion to immediately suspend and/or terminate the use of the Site by any Users without assigning any reason thereof, without warning and/or notice, and the User shall have no claims or actions of whatsoever nature against Heretix360 or its affiliates with respect to such suspension and/or termination.
6. Representations and Warranties
- The User hereby represents and warrants as follows:
- the User shall use the Site in a manner consistent with any and all applicable laws and regulations;
- the User shall only use the Site for the purpose contemplated hereunder and no other purpose, and shall not use the Site for any illegal or unlawful activity;
- the User shall use and access the Site at his own risk;
- the User shall not impersonate any person;
- the User shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, framing and using, any Contents belonging to Heretix360;
- the User shall not transfer and/or sell any information, software, user list, database, texts, graphics, logos, photos, audio files, visual files and other information, data and document provided through or obtained from the Site to any person;
- the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the Site, and/or any Contents available on the Site; and
- the User shall not, without written authorisation from Heretix360, access, hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper functioning of the Site, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
8. Links to Third Party Website
- The Site may contain links and/or references to other websites, and vice versa. Heretix360 shall not be responsible for the Contents available on the third-party websites.
9. Force Majuere
- Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
- act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
- war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
- restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
- interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of Heretix360 or third party);
- breakdown of internet services for any reason whatsoever, save for the willful misconduct of Heretix360; and
- other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.
- Heretix360 shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an event of force majeure.
- Upon the occurrence of an event of force majeure, Heretix360 may at its options do any of the following:
10. Personal Data Protection
- Each User shall immediately notify Heretix360 in writing in the event it has knowledge of or suspects any breach, potential breach or threatened breach of personal data of any User by any person, and shall upon request, provide such assistance to Heretix360 to address and solve the breach of personal data.
- The User shall, at all times, defend, indemnify and keep indemnified Heretix360 in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by Heretix360 as a result of the following:
- any act or omission of the User, including the use of the Site;
- The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.
- In no event shall Heretix360, its officers and employees be liable to the User for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise.
- The User agrees that Heretix360 shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorised use of the Site, any use, delay or inability to use the Site, and/or the inability to obtain access to the Site.
- Heretix360 shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.
13. Relationship of Parties
Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.
- All notices and communications are effective upon delivery.
17. Binding Effects
18. Invalidity and Severability
- such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
19. Entire Agreement
- The Parties hereby agree that the provisions contained in the Agreement shall constitute the entire agreement between the Parties in respect of the subject matter herein and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.
20. Governing Law and Arbitration