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Introduction
&
Acceptance
of
Terms |
TenderDirect
offers you a variety of online applications and services, including
general and personalized content, communication tools and forums,
and online and downloadable applications (the "Service") on the
following terms. By using the Service in any way you are agreeing
to comply with these terms, which we may update without notice and
encourage you to check out here at any time. You must be at least
18 years old and competent to enter into a contract to use the Service.
Unless we expressly note otherwise, these terms incorporate and
supersede any other terms associated with the files and applications
available on the domain www.tenderdirect.com.my, its sub-domains,
and any international counterparts and sub-domains, as well as affiliated
domains and sub-domains operated by TenderDirect Sdn Bhd ("TenderDirect",
"we", or "us").
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Responsibility
For
Content
&
Conduct |
You
are responsible for any content that you post or transmit on or through
the Service.
You will
not use the Service to distribute, link to, or solicit content that:
- is
unlawful, harmful to minors, threatening, harassing, abusive,
defamatory, vulgar, gratuitously violent, obscene, pornographic,
libelous, invasive of another's privacy, or racially, ethnically
or otherwise offensive;
- includes
personally identifiable information about children;
- infringes
someone else's intellectual property or other rights;
- advocates
or solicits violence or other criminal conduct;
- violates
any law, regulation, or contract;
- promotes
participation in multilevel or pyramid marketing initiatives;
- constitutes
a raffle, sweepstakes, lottery, or any other form of gambling;
- specifically
advertises firearms or ammunition, tobacco, alcohol, pornography,
or any other product or service that is illegal in the domicile
of either the distributor or recipient;
- constitutes
unsolicited or unauthorized advertising, junk or bulk e-mail,
chain letters, or any other unsolicited commercial communication,
except as TenderDirect specifically authorizes;
- contains
software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment.
You will
comply with all applicable laws and regulations regarding online
conduct and content. You will not use the Service to collect, store,
or use information about others for the purpose of sending unsolicited
or unauthorized communications. Except as we specifically authorize
(via license or otherwise), you will not reproduce, distribute,
or commercially exploit any part of the Service.
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Accurate
Information |
You will
provide accurate and current information on all registration forms
on the Service. You will not impersonate any person or entity, misrepresent
your affiliation with a person or entity; or misrepresent the origin
of any content distributed through the Service.
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Privacy |
We take
your privacy seriously. Please view our comprehensive privacy policy.
When you enter into transactions with or provide information to
other companies providing content to the Service, you will be subject
to their privacy policies.
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Security/
No
Disruption |
You are
responsible for all activities that occur under your password or
account, and will keep your password(s) confidential. You will immediately
notify us of any unauthorized use of your password or account or
any other breach of security. You will not disrupt the functioning
of the Service, solicit another user's password, or otherwise act
in a way that interferes with other users' use of the Service. Nor
may you post or distribute any computer program that damages, detrimentally
interferes with, surreptitiously intercepts, or expropriates any
system, data, or personal information.
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Objectionable
Content |
The opinions
and views expressed by other users of the Service or content providers
do not necessarily reflect those of TenderDirect. You waive any
claim resulting from your exposure to material on the Service that
is offensive, indecent, or otherwise objectionable.
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License
of
Your
Content |
If you
post content in areas available to the general public, you are giving
us the world-wide, royalty-free, perpetual, irrevocable, sub-licenseable,
and non-exclusive license to use, reproduce, modify, adapt, frame,
brand, co-brand, and publish such content in any media now known
or later developed, including the right to make the content available
to the general public via the TenderDirect Information Repository.
If you submit summary files or other materials to TenderDirect,
you license us to display, distribute, frame, and link to that content
and warrant that you have all rights necessary to authorize the
distribution and re-distribution of that content. You will provide
information that we reasonably request related to any claim that
your content infringes the rights of a third party.
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TenderDirect
Software |
The
Service and any software it incorporates or downloads to you ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Except as expressly
authorized by us or the owner of such proprietary information, you
will not modify, sell, or distribute works based on the Service or
the Software.
We grant
you a personal, non-transferable, and non-exclusive license to use
the object code version of the Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify,
reverse engineer, assign or otherwise transfer any right in the
Software; and you will not modify the Software or access the Service
by any means other than the one we provide.
Except
as otherwise specifically noted in a license agreement, we provide
no assistance other than the support
available to our registered subscribers, clients and partners.
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Dealings
With
Advertisers |
A number
of other companies supply content to the Service and may make offers
available to you. You deal with and enter into transactions with
advertisers on or suppliers of content to the Service at your own
risk. While the TenderDirect trademark will appear on all pages
available via the Service to let you know that you are still within
the Tendering System, we are not a party to any such transactions
and are not liable for any claims or damages that may result from
them.
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Links
to
The
Service |
If you
wish to link from your website to the TenderDirect System, please
visit the TenderDirect Affiliate Program. You are granted a limited,
non-exclusive license to create a hypertext link to the Service,
provided that the link does not portray the Service, TenderDirect,
or TenderDirect's affiliates in a false, misleading, or defamatory
way. We may revoke this license at any time. You will not frame
any aspect of the Service or any TenderDirect content or trademark.
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Links
to
Third-Party
Sites |
We or third-party
providers of content may provide links to other World Wide Web sites
or resources. We do not control these sites and resources, do not
endorse them, and are not responsible for their availability, content,
or delivery of services.
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Content,
Use,
Storage
And
Operation |
We
may edit, move, or delete any content on the Service (including content
or communications that you have provided) for any reason, and may
preserve and disclose content or user information if required to do
so by law or in the good faith belief that doing so is necessary to:
(a) comply with legal process; (b) enforce these terms, (c) respond
to claims that any content violates the rights of third parties; (d)
protect the rights, property, or personal safety of TenderDirect,
its users, or the public, or (e) administer the Service.
We generally
do not pre-screen, monitor, or edit content provided by third parties.
We are not responsible for any failure to remove or delay in removing
harmful, inaccurate, unlawful, or otherwise objectionable content
originating with or otherwise provided by third parties.
We may
set limits regarding the Service, including limits on the length
of storage of email and other user content, the number of messages
going to or from a user account, the size of messages, and the total
amount of storage available to a user. We are not liable for the
deletion or loss of messages, other communications, or other content
maintained or transmitted by the Service.
We may
change or terminate the Service or any part of it without notice
or liability. We may terminate or change your password, account,
or use of all or any part of the Service and may remove any content
within the Service without notice and for any reason, including
lack of use or violation of these terms.
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TenderDirect
Web
Sites |
If
you use our TenderDirect Web Sites service or otherwise post
content via the Service, you will not:
- Develop
restricted or password-only access pages, or hidden pages or images
(those not linked to/from another accessible page);
- Use
your storage space for remote loading or as mere redirect or mirror
site for another home page, whether inside of or beyond TenderDirect;
- Offer
pirated computer programs or links to such programs, information
used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs,
or any type of cracker utilities, including files that are intended
solely for game emulation;
- Display
any kind of commercial sponsorship or ad banner not sponsored
by TenderDirect;
If you
collect personally identifiable information through a TenderDirect
Web Sites page or other website hosted by TenderDirect, you must
follow the terms of TenderDirect's privacy policy, describing the
purpose for gathering the information and the uses to which it may
be put, letting users opt out of sharing any personal information
with third parties; and letting users edit or make changes to the
personal information that you gather.
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Indemnity |
You will
indemnify TenderDirect, and its subsidiaries, affiliates, officers,
agents, and employees against any claim or demand, including reasonable
attorneys' fees, related to content you distribute via the Service
or your use of or conduct on the Service.
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Disclaimer
/
Limitation
of
Liability |
WHILE WE
USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY,
TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE,
PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND
YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS
IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND TenderDirect,
ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE
FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY
FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT
FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY
OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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Notices |
Notices
posted on the Service, or changes to this agreement will
be be made available via email, faxes and regular mail.
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Trademark
Information |
Our
trademarks identify our products and services. You may make fair use
of our trademarks in advertising and promotional materials, and in
referring to our products and services (for example, in a magazine
article) without our permission, provided you follow standard trademark
usage practices and provide proper attribution. Other uses require
our written permission. Please make such requests by email to mailto:[email protected].
You may
never use our trademarks in the following ways:
- In
a non-TenderDirect product name or publication title.
- In,
as, or as part of your own trademarks.
- To
identify products or services that are not TenderDirect's.
- To
cause confusion.
- To
suggest inaccurately that we sponsor, endorse, or are otherwise
connected with your activities, products, or services.
- To
disparage TenderDirect.
- In
any other manner that TenderDirect or its users find offensive.
When you use
our trademarks, please include the following attribution:
"TenderDirect
and the logos are registered trademarks of TenderDirect Sdn Bhd
in Malaysia and other countries.
Except
as noted above, you may not use, copy, or redistribute TenderDirect
logos without written or electronic permission from TenderDirect.
If you do not have a pre-existing agreement with TenderDirect, you
may request permission for logo use, but such permission is granted
only infrequently. Send your request for permission to use a TenderDirect
logo to [email protected],
with "TenderDirect Logo Request" in the subject line. Please include
a description of your company, which logo you want to use, why and
how you want to use it, and a mockup showing the proposed use.
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Copyright
Information |
We
own intellectual property rights to the content on the Service and
its design, structure, and compilation (sometimes known as "look and
feel"). It is very easy to copy things in cyberspace, but not necessarily
always acceptable or legal. You must have the legal right to any content
you upload or download using the Service.
Unless
otherwise noted, you may view, copy, download, and print TenderDirect
documents from the Service so long as you use them only for personal,
non-commercial purposes and do not post, distribute, or modify them
or remove any copyright, trademark, or other proprietary notices.
For permission to use third-party materials appearing on the Service,
please contact the copyright owner.
To use
screenshots of websites displayed within the TenderDirect browser
as an illustration or background, you must include a copyright attribution
statement and not alter the browser frame, use an outdated browser
version, suggest that TenderDirect has endorsed your work, or use
the browser frame in an offensive fashion. If you wish to use the
TenderDirect browser in a different context, please send email to
[email protected]
with the words "TenderDirect Permission Request" in the subject
line, including the following information:
- The
TenderDirect content you wish to use and its URL.
- Where
and how will it be used (for example, in an Internet use manual,
in a newsletter, in a movie).
- Where,
how, and to what audience copies will be distributed.
- How
many copies will be produced and distributed.
- When
you intend to publish.
- Other
non-TenderDirect materials that will be associated with the TenderDirect
content.
- Your
name, title, company, address, email address, and phone number.
- A mockup
of the intended use (either as a file attached to your email or
by fax to (03) 4042 1099
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Claims
of
Copyright
Infringement |
If you
believe that your work has been copied and is accessible on the
Service in a way that constitutes copyright infringement, please
click
here for instructions on how to contact us.
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General
Terms |
This Agreement
constitutes the entire agreement between you and TenderDirect and
governs your use of the Service, superseding any prior agreements.
Additional or different terms and conditions may apply when you
use affiliated websites, third-party content, or third-party software.
Interpretations of the Agreement and determinations that you have
breached the Agreement will be made at our reasonable discretion
and based on facts known to us. The laws of Malaysia govern
this Agreement and our relationship. You agree to submit to the
personal and exclusive jurisdiction of the federal courts located
in Kuala Lumpur for any claim or dispute with TenderDirect or any
of its subsidiaries, affiliates, officers, agents, or employees.
Our failure to enforce any right under this Agreement will not waive
that right. If any provision of this Agreement is invalid, the Agreement
should be interpreted to effect the intent of the parties, and the
remaining provisions will remain in effect. You must file any claim
or suit related to the Service within one year after it arises.
The section titles in this Agreement are for convenience only and
have no substantive effect.
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Last
Modified - 31 March /2001 |
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Terms
of Use | FAQ | Site
Map | Contact Us | Help |
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Copyright
© 2000/2001 TenderDirect Sdn. Bhd./TenderWorks Sdn. Bhd. All
Rights Reserved.
Address:1611-1613,
Plaza Permata IGB, Jalan Kampar, Off Jalan Ipoh, 50400 Kuala Lumpur.
Tel:03-4042 1266 Fax:03-4042 1099 |
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