This website is owned and operated by Code Gamification Sdn Bhd ("CG")
You should read the Terms and Conditions carefully before using CodeAr.my ("this website") as your entry, access and use of this website is governed by these Terms and by entering, accessing and using this website. If you do not agree with and to these Terms, you must immediately leave this website and discontinue using it and any of the services provided therein.
Please note that this is a legally binding agreement between CG and you. By accessing this website, you affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to legally enter into the Terms, and unconditionally accept to be legally bound by these Terms. You are only authorised to use this website if you agree to abide by this Agreement and by using this website or indicating your agreement by clicking the Accept button, you agree to be bound by the Terms and Conditions.
In case of violation of these Terms, CG reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to this website, both now and in the future.
This website is controlled and offered by us from our facilities in Malaysia. We make no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
In order to participate in certain activities or services offered on this website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
1.1 In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
means Code Gamification Sdn Bhd;
means CG's website and underlying software and infrastructure which permits the provision of the Services;
means a person who places, on the this website, a job posting regarding the multimedia related services required from the Contractor, together with the Job Brief relating to the posting for one or more Contractors to bid and win;
means a Client's requirements of the multimedia related services to be provided by the Contractor and the qualifications required of the Contractor;
means a person who bids in response to a Client's posting on this website and provides multimedia related services;
means patents, trademarks, service marks, trade names, registered
Rights" designs, designs, copyrights and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and proprietary confidential information, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof and all extensions and renewals thereof, and all applications for registration in connection with the foregoing;
means any applicable duties, sales taxes, GST or other taxes which may be levied in respect of a transaction contemplated by this Agreement;
"Third Party Material"
means any text, data, graphics, images, figures, tables, graphs, photographs, simulations, music, audio and video clipsimage, logo, artistic work, literary work, software or other item or thing in which the Intellectual Property Rights are owned by a third party and specific consents are required from the owners of such Intellectual Property Rights;
means a person with a User Account and includes all references to Client and Contractor; and
means an online account with CG which enables the User to use this website.
1.2 RULES FOR INTERPRETATION
In the interpretation of this Agreement, unless the contrary intention appears:
1.2.1 the words "includes" or "including" mean "includes without limitation" or "including without limitation";
1.2.2 a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
1.2.3 the singular includes the plural and vice versa;
1.2.4 a reference to any gender includes a reference to all other genders;
1.2.5 a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
1.2.6 an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
1.2.7 where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
1.2.8 headings are inserted for convenience only and do not affect the interpretation of this Agreement.
2.1 CG provides online services in the form of a platform relating to the sale and purchase of multimedia related services, in accordance with and subject to, the terms and conditions provided herein ("Services"), whereby Contractors may bid for the job posted by a Client on this website and Client may engage the services of a Contractor who has won the bid in response to the job posted on this website in accordance with this Agreement.
2.2 CG shall make available to you the online services, various industry news and related services through this website in accordance with the Terms and Conditions. CG may at its sole discretion, vary, amend, add to or suspend this website or any part thereof including the removal of the content of any web pages forming part of this website with or without giving you prior notice.
2.3 As a User of the Services, you may use the Services in the capacity as a Client, Contractor or both a Client and a Contractor. The terms and conditions stipulated herein will apply to your use of the Services in either or both of those capacities.
2.4 You acknowledge that this website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other disruptions.
2.5 The Services include the posting of job opportunities to enable Users to post, view, manage and search for potential work through this website. The postings may be in the form of text, graphics, links, animations, photographs and other material and data from time to time permitted by CG (collectively "the Content") formatted, organised and collected in a variety of forms that are generally accessible to Users.
2.6 You may not resell or exploit the Services (in whole or in part) commercially.
2.7 When registering for the Services or in the use thereof you shall not provide any information or Content that:
(a) is false, inaccurate or misleading
(b) is fraudulent or involves the sale of counterfeit or stolen items
(c) infringes any other party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
(d) violates any law, ordinance, bylaw, statute or regulation
(e) is defamatory, libellous, unlawfully threatening or unlawfully harassing
(f) is obscene or contains pornography
(g) contains any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information
(h) creates liability for CG, this website or causes CG to lose in whole or in part, the services of the ISP or other supplies.
2.8 You recognise that CG cannot determine in advance the accuracy or compliance with these Terms and Conditions of any Content. CG is not responsible for screening, policing, editing, reviewing or monitoring any Content and Job Briefs and does not intend to do so. Notwithstanding the above, CG reserves the right to monitor, from time to time and disclose any information as may be necessary to satisfy any law, regulation or other governmental request to operate the Services or to protect itself or other Users. CG reserves the right to prohibit conduct, communication of the Content or to edit, refuse to post or to remove any Content in whole or in part which it may in its sole discretion deem to (i) violate the prevailing position of these Terms and Conditions or any other standard, written policy of CG in effect for the time being, (ii) be harmful to the rights of any other User or third parties (iii) violate applicable law or (iv) be otherwise objectionable.
2.9 You acknowledge that the Content are provided by CG and/or other third parties including other Users. You acknowledge that the Content are or may be protected by copyright, trade marks and other proprietary rights ("IPR") and that these IPR are valid and protected in all media existing now or later developed and except as is explicitly provided herein, your use of the Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that CG owns a copyright in the "look and feel" i.e the selection, co-ordination, arrangement and presentation of such Content and you may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit the Content, in whole or in part, and you further acknowledge that CG and/or other Users remain owners of their respective content and that you do not acquire any Intellectual Property Rights by downloading or printing the Content and/or Job Briefs.
2.10 You agree that any use of the Service which can be traced to your username and password shall be deemed to as having been carried out by yourself and are legally binding on you and you agree to indemnify and keep CG indemnified against any liabilities, damage, claim, proceedings, costs, expenses that may be brought by other Users.
3. USER ACCOUNT
3.1 You shall be solely responsible for the set-up or configuration of your computer system (hardware, equipment and software) to ensure that you will have optimal access to the website at all times. As CG may from time to time incorporate new technologies in this website, you should seek expert help in configuring and maintaining your computer systems. Communication equipment and/or service to access the Services and all charges include Internet connection charges, telephone charges and other fees or charges incurred or payable in respect thereof are to be borne by you absolutely.
3.2 You agree to create a User Account with CG in order to use the Services. Your User Account will be created using CG's online sign up process, or any other method specified by CG from time to time. Your User Account will permit you to login to this website to manage your User Account, make use of this website and to manage other details involving your relationship with CG. CG shall regard all information provided by you upon registration as true, accurate and correct, and if there shall be any change to any of the information, you shall immediately notify CG.
3.3 You are solely responsible for maintaining the confidentiality and security of your User Account, including any username or password used to access your User Account, and for all activities that occur on or through your User Account, and you agree to immediately notify CG of any security breach of your User Account. CG shall not be responsible for any losses arising out of the un-authorised use of your User Account.
3.4 You warrant that all information provided to CG in the setup of your User Account is true and accurate in every detail ("Registration Data"). You further warrant that all information uploaded or posted on your User Account is true and accurate in every detail ("User's Profile"). You agree to update your Registration Data and User's Profile to keep it accurate and complete. You agree that CG may store and use the Registration Data and User's Profile you provide for purposes relating to the use of this website. You agree to maintain only one User Account in relation to your use of the Services and this website. You agree to provide CG with all identification documents (including copies of passport and/or identity card) which CG requests from you from time to time for the purposes of verifying your identity.
3.5 All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to CG that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times. If you do permit a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify CG against any loss, cost, expense or damage it may suffer as a result of the same.
3.6 If you are using the Services on behalf of your employer, then both you and your employer will be bound jointly and severally in relation to this Agreement and your employer will be responsible for your actions. Further you warrant that you have full authority to enter into this Agreement on behalf of your employer. You agree to provide CG with all supporting documents (including copies of the authorisation letter) which CG requests from you from time to time for the purposes of verification.
3.7 If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate. These include, but not limited to, complaints made or action initiated by a trademark owner about a username that does not closely relate to a User's actual name.
3.8 We do not guarantee that the opening of a User Account will always be free.
3.9 You shall use this website in a manner consistent with any and all applicable laws, regulations and directives of the applicable jurisdictions.
4. RESTRICTION ON USE OF CONTENTS
4.1 All rights, title and interest in the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software ("Contents"), are either owned or controlled by CG or licensed to it.
4.2 All Contents and the general design and content, are protected by copyright, trademark and other laws relating to intellectual property rights. No materials from this website may be modified, used, displayed, reproduced, republished, and/or distributed in any way whether for commercial or non-commercial purpose, without the prior written permission of CG.
4.3 You shall indemnify CG against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.
4.4 CG grants you permission to use the Contents strictly in accordance with these Terms, provided always that:
4.4.1 your use of this website and the Contents as permitted is strictly and solely for your information and for your personal use in relation to the Services provided by CG ("Approved Use");
4.4.2 you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of this website and the Contents in any medium or format without our prior written consent;
4.4.3 you will not alter or modify any part of this website other than as expressly permitted by us;
4.4.4 you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Contents) and/or trademarks belonging to CG provided with the Contents;
4.4.5 upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
4.4.6 you will otherwise comply with the terms and conditions of this Agreement.
5. USE OF USER ACCOUNT
5.1 In using your User Account, you agree that you will not:
5.1.1 resell or sublicense the use of this website or your User Account to any other person/ other Users;
5.1.2 use your User Account to promote the services of a competitor of CG without first obtaining the prior written consent of CG;
5.1.3 use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, hateful, pornographic, incites violence, vulgar, obscene or otherwise objectionable or in violation of applicable law;
5.1.4 use your User Account to stalk or harass another person/ User;
5.1.5 use your User Account to impersonate any person in any way whatsoever;
5.1.6 use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
5.1.7 use your User Account for "spamming". For the avoidance of doubt, "spamming" includes (i) the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients, (ii) sending of junk mail; (iii) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (iv) posting commercial advertisements to Users that do not permit them, (v) posting articles containing binary encoded data to a non-binary User, (vi) excessively and repeatedly posting off-topic messages to other Users (vii) excessive and repeated cross posting, (viii) email harassment of another User/ person including but not limited to the transmission of any threatening, libellous or obscene material or material of any nature that could be regarded as offensive by the recipient and (ix) the emailing of age-inappropriate communications or content to anyone under the age of 18;
5.1.8 forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
5.1.9 use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
5.1.10 use your User Account in such a way which damages this website or denies access to this website to other users of this website;
5.1.11 intentionally or recklessly use your User Account in a way that degrades the performance of this website for other users;
5.1.12 cancel any sale or purchase of services for the purpose of contracting separately with a Contractor or Client which results in you avoiding paying CG any payment or any fees and charges of CG. In these circumstances, without limiting CG remedies against you, CG may recover its lost fees and charges and the payment from you by suspending your User Account and/or deducting its loss from any amount due to you;
5.1.13 Use to construct a database of any kind on the Services and information contained therein. Nor may the Services be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Services; or
5.1.14 You will not facilitate or encourage any violations of this Agreement.
6. USE OF THIS WEBSITE
6.1 You, in the capacity of either a Client or a Contractor, hereby warrant that you will:
6.1.1 not send or otherwise post unauthorized commercial communications (such as spam) on this website;
6.1.2 not collect Users' content or information, or otherwise access this website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
6.1.3 not solicit login information or access an account belonging to someone else;
6.1.4 not do anything that could disable, overburden, or impair the proper working of this website, such as a denial of service attack;
6.1.5 not use the Services for any illegal or fraudulent purpose or for any purpose other than using the Services as a Client or Contractor;
6.1.6 comply with all laws which must be complied with in relation to the Services or the supply or purchase of the services contemplated herein;
6.1.7 not, by engaging CG to provide the Services, place CG in breach of any law or obligation owing to a third party;
6.1.8 not undertake any act or cause any omission which will bring CG, its brand or other Clients and Contractors into disrepute;
6.1.9 post information that is accurate, true and complete on this website;
6.1.10 not use the Services in a manner that may lead to the suspension of the Services;
6.1.11 provide CG with all information requested by CG which CG requires to provide the Services;
6.1.12 not use any robot, spider, scraper or other automated means to access this website for any purpose without our express written permission;
6.1.13 not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on this website;
6.1.14 not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to this website) from this website without our prior express written permission and the appropriate third party, as applicable;
6.1.15 not interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or
6.1.16 not bypass any measures we may use to prevent or restrict access to this website or to your User Account.
6.2 The User is responsible for all text, data, graphics, images, photos, audio and video files uploaded or posted on this website and activity that occurs under his User Account (even when content is uploaded or posted by others who have access to his User Account).
6.3 The User hereby represent and warrant that the User shall have obtained all the requisite licence(s), approval(s) and/or permit(s) from the relevant authorities for the use or exploitation of the information uploaded or posted in the User Account. Although we have no obligation to do so, in our sole discretion we may request, and you are required to provide us, proof that any content of or within your User Account is properly licensed.
6.4 The User agrees that CG does not guarantee that the information uploaded on the User Account may be immediately searchable by keyword or category. The User acknowledges that the search and browse results may be based on certain factors including format, title, bidding activity, end time, size, keywords, price, feedback, and detailed seller ratings.
6.5 The User gives CG the right to link the User Account with other User Accounts and place content, including advertisements, around the User Account.
7. ENGAGEMENT OF SERVICES
7.1 The User acknowledges and agrees to:
7.1.1 accept responsibility for fulfilling your obligation as a Client or Contractor for each services agreement entered into pursuant to the offer you posted and the role of CG in your transactions is as a service provider;
7.1.2 as a Client, be responsible to provide complete, precise and specific requirements in regards to the Job Brief posted on this website;
7.1.3 as a Client to offer terms and conditions in conjunction with your Job Brief which do not conflict with CG's terms or policies;
7.1.4 as a Contractor, to offer terms and conditions in conjunction with your bid which do not conflict with CG's terms or policies;
7.1.5 agree that any agreement with minors may be voidable by law and that you may be required to refund amounts paid;
7.1.6 not to proceed with the engagement of services for which the promotion or execution is prohibited by this Agreement or the applicable laws;
7.1.7 not to offer any services on or through this website that require the consent or other rights from any third party unless you have obtained all such rights;
7.1.8 not to offer any services which would require us to pay any fee or royalty to any third-party. You agree to indemnify and hold CG harmless from and against any claim arising out of or related to your failure to comply with this paragraph;
7.1.9 agree to cooperate with CG to prevent fraudulent or illegal transactions relating to the engagement of services.
8.1 Once a Client selects a bid in response to his posting, the winning Contractor will be sent a notification regarding the selection of the Client. The Client and the Contractor will be deemed to have entered into a separate binding agreement in relation to the engagement of the services.
8.2 By posting a Job Brief or accepting a Job Brief, you acknowledge that the Job Brief is made subject to this Agreement. Once you have accepted a Job Brief, it is the responsibility of the Contractor and the Client to enter into separate binding agreements in relation to the provision of the services. CG and its third party providers will not be a party to these separate agreements and will have no liability whatsoever in relation to the performance or failure to perform of a Client or Contractor under the terms of the separate agreements.
8.3 By entering into this Agreement, you agree that you will be bound by the separate binding agreements in your capacity as a Client who engages the services of a Contractor or a Contractor who has been engaged to provide the services.
8.4 The Contractor may, within seven (7) days of the notification ("Cooling Off period"), discontinue the agreement. If the Contractor elects to discontinue the agreement, the Contractor must immediately notify CG through email of his decision during the Cooling Off period, and return to the Client all documents provided by the Client relating to the services and any item and other matters capable of return. The Contractor must repay to the Client all monies paid by the Client to the Contractor, if any. In this event, the Client will be allowed one (1) free post in future. The Client agrees that CG holds no responsibility and warrants no representation to ensure that the Contractor will perform the agreement between the Contractor and the Client.
8.5 The Client, and not CG, is:
8.5.1 the commissioner for the Job Brief;
8.5.2 solely responsible for supplying the Contractor with the Job Brief details and detailed instructions; and
8.5.3 solely responsible for paying the Contractor.
8.6 CG does not act as an agent for the Contractor or Client.
9.1 Unless otherwise stated, all fees are quoted in Ringgit Malaysia. You may pay for services of a Contractor engaged through this website via PayPal or any other method of payment specified from time to time by CG.
9.2 The total amount of payment for the services engaged will be made in milestone payment to be paid over a period of time. This may consists of:
9.2.1 the fee to be paid to the Contractor for their services engaged ("Contractor Fee");
9.2.2 Five (5) percent fees and charges imposed by CG (as they exist from time to time) respectively on the Client and the Contractor; and
9.2.3 any Taxes which may be levied on the provision of the services.
9.3 You agree that you will not enter into any arrangement or agreement with a Contractor to pay any amount in excess of the payment agreed for the services or to pay them separately outside this website in relation to the supply of services that are the subject of the Services provided to you through this website.
9.4 The User shall be responsible for all Paypal account management which shall include but not be limited to password security, changing of passwords, updating email account information. CG shall not be liable for any negligence and/or omission on the part of the User in relation to their account management. Where applicable, the Client shall be solely responsible for any Contractor Fee due for any services engaged through this website.
9.5 You agree that any payment made by Client upon execution of this Agreement or the agreements entered into between the Client and the Contractor is non-refundable by CG, regardless of whether the agreements are concluded in a satisfactory way. In the event, the User decides to terminate the agreements, no refund of any payment made shall be accorded to the User.
9.6 To protect against the risk of liability, CG may request that PayPal hold Contractor's funds based on certain factors, including, but not limited to, his services history and performance.
9.7 User agrees to enter into and comply with the terms of any PayPal user agreement, PayPal policies and any other agreement entered into between PayPal and the Users.
10. CG IS NOT AN ESCROW SERVICE
10.1 CG is not an escrow service and does not hold property on behalf of any person. All amounts paid to CG are property of CG and CG may use those funds as it sees fit.
11.1 You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any services via this website. CG is not responsible for collecting, reporting, paying, or remitting to you any such Taxes.
12. SUSPENSION OF THE SERVICES
12.1 Without limiting CG's other rights arising under this Agreement, CG may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
12.1.1 CG considers that you have breached any of your obligations to CG under this Agreement;
12.1.2 you post information on this website which is untrue, inaccurate or incomplete;
12.1.3 you post information which infringes a Third Party Material without the written consent of the owner of the Third Party Material;
12.1.4 CG considers that you are using your User Account in bad faith;
12.1.5 you are using your User Account or the Services for illegal or fraudulent purposes or in a manner which CG in its sole discretion considers unlawful, offensive, harassing, libellous, defamatory, abusive, threatening, harmful, hateful, pornographic, incites violence, vulgar, obscene or otherwise objectionable or in violation of applicable law; or
12.1.6 in CG's sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on CG's servers or CG's other services.
12.2 You agree that CG may suspend the Services for the above reason at any time. CG's suspension of the Services may, in CG's sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time. CG may in its sole discretion reactivate the Services and your User Account at any time after their suspension. If we disable your account, you will not create another one without our permission.
13.2 CG will take all reasonable precautions, including administrative, technical, and physical measures, to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. However this does not extent to the personal information you posted on your User Account that is visible to other Users and can be read, collected, or used by them. You are responsible for the Personal Information you choose to submit in these instances.
13.3 To the extent as may be permitted under the laws of Malaysia, CG may use the User's Personal Information for the internal purposes of customizing advertisements and content of this website and CG's partner sites, providing information to the User enquiries, conducting research for improvement of the Services, statistical analysis and the general operation and maintenance of the Services and its related websites.
13.4 CG will disclose the User's Personal Information if required to do so by law of in good faith, if such action is necessary to comply with any law enforcement agency, court order, or legal process; and/ or protect and defend the rights or property of CG and its Users.
13.5 Such consent herein given by the User will extend to any information and/ or data obtained from any of the account presently maintained for the User, any new application for any form of services rendered by CG, such historical financial or credit records, data or information whether or not provided personally or by any other sources relating to the User which was collected, gathered, received, captured, compiled, secure, and/ or obtained by CG through or by whatever means or methods or forms.
13.6 You agree that you will only use the Personal Information of other Clients or Contractors made available to you only for the purposes contemplated by, and permitted under this Agreement and for the purposes of interacting with them in relation to the Services. Unless separately agreed between you and another Client or Contractor, you must not use their Personal Information for any other purpose. You agree you will not use information that you independently collect from a user or a user's content without that user's consent.
13.7 You warrant to CG and its third party providers that you will comply with applicable privacy laws and data protection laws (including, without limitation, the Malaysian Personal Data Protection Act 2010) in relation to the storage, use and transfer of Personal Information.
14. NO AGENCY
14.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. CG is an independent service provider to you and is not your partner, employee or agent. This Agreement does not bind CG in relation to any obligation owing by you to a third party.
14.2 You agree that by entering or using this website either as a Client or Contractor, CG is providing a platform or venue for you to enter into a separate agreement with other Clients or Contractors (as the case may be). CG is not a party to that separate agreement and is not responsible for any act or omission of the other parties to that separate agreement.
15.1 This Agreement will commence on the date that you first create a User Account with CG and will terminate at the later of the date that:
15.1.1 the User Account is terminated or closed; or
15.1.2 you otherwise cease using the Services.
15.2 If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, you will again become bound by this Agreement at that time.
15.3 This Agreement and your User Account may be terminated by CG at any time for any reason whatsoever with or without notice to you. This Agreement may be terminated by a party immediately on written notice to the other party if:
15.3.1 the other party is in default or breach of this Agreement; and
15.3.2 the party has provided the defaulting party with written notice of the default or breach and the defaulting party fails to rectify the breach or default within 7 days of the notice.
15.4 Upon the termination of this Agreement CG will, within a time period determined by CG, disable your access to, and use of the Services. If we disable your account, you will not create another one without our permission.
15.5 All of the User's Profile uploaded or posted on this website will be deleted or removed from this website upon termination of the User's account. CG will not be held responsible for any loss of information as a result of account termination.
15.6 Termination of this Agreement shall be without prejudice to any accrued rights of CG up to the date of termination. Termination of this Agreement for whatever reason shall not affect the accrued rights of CG Parties arising in any way out of this Agreement as at the date of termination and, in particular but without limitation, the right to recover damages against you and all provisions which are expressed to survive this Agreement shall remain in full force and effect.
15.7 Your obligations and CG Rights arising under clauses on User Account, Restriction On Use of Contents, Use Of User Account, Use Of This Website, Engagement Of Services, Payments, Taxes, Privacy, No Agency, Termination, No Representation, Disclaimer, Limitation Of Liability, Release, Indemnity, Intellectual Property, Assignment, Miscellaneous, and Notice will survive the termination of this Agreement.
16. NO REPRESENTATION
16.1 This website has been compiled in good faith by CG, but no representation is made or warranty given as to the completeness and accuracy of the information presented. CG does not warrant or represent that it has undertaken or will in future undertake any particular investigation or review to ascertain the completeness and accuracy of any content or information supplied to this website by a User. Each User is responsible for undertaking their own due diligence or investigations in relation to the same.
17.1 YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CG (AND/OR ITS RELATED ENTITIES), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING USER'S PROFILE;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(F) 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 UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
17.2 CG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CG IS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.
17.3 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER CG (AND/OR ITS RELATED ENTITIES), NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES WHICH SHALL INCLUDE BUT NOT LIMITED TO THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET THE USER'S NEEDS.
17.4 CG does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials, information or details posted on this website.
17.5 CG does not warrant that the materials contained in this website or this server that it makes available is free of any virus or harmful elements.
17.6 All Contents are provided without any warranty and on an "as is where is basis"- any use of the materials is at your own risk. CG disclaims all warranties and representations, whether express, or implied, by law or statute - in particular the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the materials for any particular purpose and/or that the materials does not infringe any third party right.
17.7 The electronic transmission of any document or information from you through or to CG is entirely at your own risk.
18. LIMITATION OF LIABILITY
18.1 IN NO EVENT SHALL CG (AND/OR ITS RELATED ENTITIES), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER'S PROFILE;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THIS WEBSITE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
18.2 To the maximum extent allowed by applicable law, under no circumstances, including, but not limited to negligence, shall CG (and/or its related entities), its officers, directors, employees, agents, contractors, licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the use of, or the inability to use, any of the Contents, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via this website, even if advised of their possibility. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that CG may be liable for shall not in any case exceed the lower of the actual amount paid by the relevant user/claimant to CG or RM1.
18.3 CG shall use reasonable efforts to protect information submitted by you in connection with this website, but you agree that your submission of such information is at your sole risk, and CG hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
18.4 CG reserves the right to update or modify this website from time to time. Changes may be made to the website from time to time at the discretion of CG.
18.5 CG further reserves the right to change, modify, substitute, suspend or remove without notice any information or Job Brief or service on this website or forming part of the Service from time to time. Your access to this website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. CG will attempt to restore such access as soon as it reasonably can. CG assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, CG may also withdraw any information or Job Brief from the Website or Service at any time.
18.6 CG reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of any of this Agreement.
18.7 CG further reserves the right to deny or restrict access to this website to anyone at anytime and/or to block access from a particular internet address to this website, at any time, without ascribing any reasons whatsoever.
18.8 You acknowledge and agree that CG and its third party providers have not made and will not make any express or implied warranties in relation to the Services provided by CG under this Agreement, other than those warranties expressly contained in this Agreement. Any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
18.9 You agree that CG and its third party providers will not be liable in respect of any claim by you (whether arising in contract, or tort, under statute or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services under this Agreement and whether as a result of any breach or default by, or any negligence of, CG or its third party providers.
19.1 In the event you have a dispute with one or more Users, you release CG (and/or its related entities), its officers, directors, employees, agents, contractors, licensors from claims, demands and actual and consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20.1 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless CG (and/or its related entities), its officers, directors, employees, agents, contractors, licensors of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
20.1.1 your use of and access to this website;
20.1.2 your violation of any term, representation or warranty of in this Agreement;
20.1.3 your violation of any third party right, including without limitation any Intellectual Property, property, or privacy right;
20.1.4 any breach by you of your obligations to a third party, including another Client or Contractor;
20.1.5 any action taken by CG as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred;
20.1.6 any legal proceedings threatened or initiated against ABS by a third party as a result of the events described in Clauses 20.1.1 to 20.1.4 above.
20.2 This means that you cannot sue and hereby irrevocably waive rights to recover any damages from CG (and/or its related entities), its officers, directors, employees, agents, contractors, licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to this website, or to take any other action during the investigation of a suspected violation or as a result of CG's conclusion that a violation of this Agreement has occurred. This provision applies to all violations described in or contemplated by this Agreement.
20.3 This Clause will survive the termination of this Agreement and your use of this website.
21. INTELLECTUAL PROPERTY
21.1 All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in or accessed through this website and in any enhancements or modifications to, adaptations or translations of, derivative works based on the foregoing shall be and remain CG's property or that of its licensors as the case may be. No other intellectual property or other rights shall be transferred to you.
21.2 Any creative suggestions, ideas, notes, drawings, concepts or other information provided by you in respect of this website shall be deemed and remain CG's property.
21.3 CG claims no intellectual property rights over the information uploaded or posted by User on User Account. The User's profile and materials uploaded or posted by the User in the User Account will belong to the User. However, the User agrees to allow CG and others to view the User's Profile via this website. The User acknowledges that by posting content or information on this website, it means that you are allowing everyone, including people off of this website, to access and use that information, and to associate it with you.
21.4 The User grants a worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable, transferable and perpetual licence to CG for CG to:
21.4.1 display and use any information or content you submit to display on this website in CG's advertising, websites, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium;
21.4.2 display and use the details and information posted on the User Account for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by CG; and
21.4.3 reproduce, distribute, prepare derivative works of, and display the information or materials you supply to CG (whether via this website or by other means).
21.5 The User acknowledges that the use above is for promotional purposes only and without any compensation of any kind and obligation to you. There shall be no expiration period for this permission. CG reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
21.6 The User hereby releases CG and its legal representatives and assigns from all claims and liability relating to use of such information.
21.7 You acknowledge that the ownership of the Intellectual Property Rights in any services or products of services will be set out in the separate agreements between the Client and the Contractor.
21.8 You acknowledge and agree that:
21.8.1 CG will not act as a moderator or adjudicator in relation to any claim by you or any third party that any information or content submitted to this website infringes any Intellectual Property Rights owned by you or a third party;
21.8.2 CG does not warrant or represent that it has undertaken or will in future undertake any particular investigation or review as to whether any services supplied by a Contractor infringes any Intellectual Property Rights held by a third party. Each Client is responsible for undertaking their own due diligence or investigations in relation to the same;
21.8.3 CG will not be liable or responsible for any breach by a Contractor or Client of any Intellectual Property Rights held by a third party in relation to any services or other use of this website; and
notwithstanding the above, CG may at any time remove any content, information or Third Party Material from this website which CG determines, in its sole and absolute discretion, may infringe the Intellectual Property Rights of a third party.
22.1 CG may notify you with respect to this website by sending an email message to your User Account email address or a letter via postal mail to your Account mailing address, or by posting on this website. Notices shall become effective immediately.
22.2 Except as explicitly stated otherwise, any legal notices shall served on Suite B-11-6, Level 11, Wisma Pantai, Plaza Pantai, No.5, Jalan 4/83A, Off Jalan Pantai Baru, 59200 Kuala Lumpur, Malaysia. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
23.1 These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CG without any restriction whatsoever.
24.1 CG reserves the right to take steps CG believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
24.2 These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
24.3 A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
24.4 CG reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page and your use of this website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read the Terms carefully each time you visit this website.
24.5 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
24.6 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. CG shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
24.7 CG shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out of CG's obligations by any cause outside its reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
24.9 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
24.10 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
24.11 These Terms shall be construed and governed by the laws of Malaysia and by accessing this website, you agree and submit to the non-exclusive jurisdiction of the courts of Malaysia.
24.12 This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
24.13 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.