Comments Multimedia Sdn Bhd (1034056-D)

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Terms of Service

Mycomments.com.my and its sub-domains (hereinafter collectively called, "the Sites") are powered by Comments Multimedia Sdn Bhd (1034056-D)(hereinafter called, "the Company"). By using the Sites and any other site accessed through the Sites, users hereby acknowledge and agree that the Privacy Policy (as contained in clause 12 below) and the terms and conditions (hereinafter called, "the T&C") set out below are valid and binding on them. If any user does not accept either or both of the Privacy Policy and the T&C, they shall not use the Sites. The Company may revise the Privacy Policy and the T&C at any time without prior notice. Once posted on the Sites, the amended Privacy Policy and the T&C shall apply to all users. Users are advised to visit this page periodically to review the latest Privacy Policy and the T&C. Users' access to the Sites and the Services (as defined below) will be terminated upon his/her/its notice to the Company that any change is unacceptable; otherwise the continued use shall in itself and ipso facto constitute acceptance of all changes and all such changes shall be binding upon the user.


1. General Terms


The Company provides an online platform for individuals, companies and/or organizations to list the services and/or products related to food and beverage and other services which they offer and provides online marketing and forums to users of the Sites (hereinafter called, the "Services").


The Company is not a party of nor is it involved in any actual transaction involving any user of the Sites.


The Company is committed to protecting the privacy of the users of the Sites. The Company uses the information of the users according to the terms in the Privacy Policy.


2. Prohibited Uses for all users


Users of the Sites agree not to use any of the Sites for any of the following purposes which are expressly prohibited that is, violating or attempting to violate the security of the Sites including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail. Users understand and agree that violation of any system or network security may result in civil or criminal liability;


All users shall not :

(1) use the Sites for transmitting, distributing or storing material in violation of any applicable law or regulation;

(2) use the Sites in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others;

(3) use the Sites in any manner that is libelous, obscene, threatening, abusive or hateful. In particular, all users shall not print, download, duplicate or otherwise copy any personally identifiable information about other uses (if any). All unsolicited communications of any type to other users is strictly prohibited.

(4) use the Sites if they do not have the legal capacity to form legally binding contracts. Users shall not post any advertisement or materials on the Sites which contains any false, inaccurate, misleading or libelous content or contains any computer virus/es. Also, the advertisement shall not be fraudulent or involve sale of illegal products.

(5) engage in spamming, including but not limited to, any form of emailing that is unsolicited.


3. Acceptable uses of the Sites


a. Specific uses - User posting advertisements and/or materials on the Sites ("the User" or "Users").


The Users shall, subject to the terms and conditions set out below and in the Privacy Policy, be entitled to post any advertisements or other materials on the Sites. The User agrees that he/she/it shall only use the Sites for lawful purposes. The Company reserves the right to edit any advertisement /materials as it sees appropriate.
In the event that the User is an individual, he/she shall not post his/her MY ID card or passport number on the advertisement or material listed on the Sites. The User agrees and consents that the Company and/or its affiliates may use his/her personal data for purposes relating to the provision of services offered by the Company and marketing services and special events of the Company and its affiliates.

admin@mycomments.com.my

sales@mycomments.com.my


b. Specific uses - User viewing the advertisements ("the Viewer").


The Viewer agrees that any personal data received from the Sites or the Company shall only be used for the purpose of identifying and or locating advertisements or materials or any content therein. Any personal data which are irrelevant to the above purpose/s shall be disregarded. The Viewer also agrees that any personal data collected from the Sites or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.


4. Content License


By posting content on the Sites, the User unconditionally grants the Company a non-exclusive worldwide irrevocable royalty-free right to exercise the copyright, publicity and database rights (but no other rights) he/she/it has in the content in order that the Company can host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form, and carry out the purposes set out in the Privacy Policy and herein.


5. Intellectual Property Rights


The text, images, layout, database, graphics, pictures, sounds and/or audio formats, software, brands and all other materials on the Sites are the intellectual properties of the Company or the Users (as the case may be) which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.


6. Contents


The Users acknowledge that the Company does not pre-screen or approve any content posted on the Sites or any content sent through the Sites. In any event, the Company accepts no responsibility or liability whatsoever for the content on the Sites or any content sent through the Sites, or for any content lost and does not make any representations or warranty regarding the content or accuracy of any material on the Sites.
Any material or details posted on the Sites by the User may be viewed by users of other web sites linked to the Sites and the Company is not responsible for any improper use by any user or third party from a linked third party web sites of any data or materials posted on the Sites. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any advertisement, web page or material contained therein placed by them. The Company is not responsible for the content of any third party web sites linked to the Sites and does not make any representations or warranty regarding the contents or accuracy of materials on such third-party web sites.
The Company shall have the right to remove any advertisement or materials posted on the Sites at its sole and absolute discretion without any compensation to or recourse by the Users. If the Company decides to remove any paid advertisement for any reasons not relating to any breach of the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Sites, refund the remaining fees (if any) to that User.


7. Responsibility/Liability


The Company may not monitor the Sites at all times but reserves the right to do so. The Company does not warrant that any advertisement or web page or materials will be viewed by any specific or minimum number of users or that it will be viewed by any specific user. The Company shall not in anyway be considered an agent of the User with respect to any use of the Sites and shall not be responsible or liable in any way for any direct or indirect damage or loss that arises or may arise and/or result from the use of the Sites, for whatever reason or from whatever cause. Whilst endeavouring to provide quality service to users, the company neither warrants nor represents that the sites do or will operate error-free or that the sites and its server are free of viruses or any other harmful mechanism/s. If the use of the sites and/or their contents result in the need for servicing and/or replacing of equipment and/or data by any user, the company shall not be responsible or liable for the cost thereof. The sites and their contents are provided on an, "as is where is" basis without any warranty of any kind whatsoever. To the fullest extent permitted by law, the company disclaims all warranties, including without prejudice to the foregoing, any in respect of merchantability, non-infringement of third party rights, fitness for any particular purpose , and/or about the accuracy, reliability, completeness and/or timeliness of the contents, services, text, graphics and/or links of the sites.


8. Own Risk


All USERS SHALL USE THE SITES AND ANY OTHER WEB SITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. ALL Users are responsible for the consequences of their postings. The Company does not represent or guarantee the truthfulness, accuracy and/or reliability of any advertisement and/or materials posted by other Users or endorse any opinions expressed by the Users. Any reliance by the Users on material posted by the the Users will be solely and entirely at their own risk. The Company reserves the right to expel any User and prevent their further access to the Sites at any time for breaching this Agreement and/or violating any law and the Company also reserves the right to remove any material which is abusive, illegal, disruptive and/or inappropriate, at the Company's sole and absolute discretion.


9. Links to Other Sites


The Sites may contain links to third party web sites. These are provided solely as a convenience to the User and are not in any way an endorsement by the Company of the contents on such third-party web sites. If any User accesses any linked third party web sites, he/she does so solely and entirely at his/her own risk.


10. Indemnity


All Users agree to indemnify and hold harmless, the Company, its officers, directors, employees, servants, agents and/or contractors shall keep the aforesaid indemnified from and/or against all and any claims, suits, actions, demands, proceedings, losses and/or damages arising from and/or resulting from their use of the Sites and/or their breach of any of the terms of this Agreement. The Company will provide prompt notice of any such claim, suit, action, demand, proceedings, loss and/or damage to the relevant User.


11. Limitation of the Service


The Company has and shall have the right and be absolutely entitled to limit the use of the Services, including the period of time that contents will be posted on the Sites, the size of the contents, email messages and/or any other contents which are transmitted by the Services. The Company reserves the right, in its sole and absolute discretion, to modify and/or remove any contents and/or materials posted on the Sites, for any reason whatsoever, without giving any prior notice and/or reason to Users. Users acknowledge that the Company shall not in any way whatsoever be responsible and/or liable to any party for any modification, suspension and/or discontinuance of the Service.


12. Privacy Policy


Personal Information Collection Statement-
Privacy Policy


The Company maintains a strict confidentiality policy on all personal data submitted by you via Mycomments.com.my and the Sites and the Company will not release such information to anyone without your prior consent.


Purpose For Collection Of Personal Data


Collection of personal data from you shall be for purposes relating to the provision of the services offered by the Company and marketing the services and special events of the Company and its affiliates.


Transfer Of Data


Personal data collected via the Sites may be stored and processed in any country in which the Company or its affiliates operate, and by using the Sites, you consent to any transfer of information outside of your country.


Access


You are entitled to access to your own personal data (subject to prior confirmation of identity) kept with the Company and may edit or amend such personal data at any time except that the ID card number or passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate.

Retention of Personal Details

Subject to legal requirements, your personal data will be retained by the Company until you formally request the Company to erase the related data from the database of the Company. For any query, please contact our Customer Service Representative at admin@mycomments.com.my sales@mycomments.com.my


13. Termination of Service


The Company shall have the right and be absolutely entitled to delete and/or deactivate any account, and/or block the email and/or IP address of any user, and/or terminate the access of users to the Services, and/or remove any content within the Services immediately without notice for any reason. The Company shall have no obligation and/or responsibility to deliver any material and/or content posted on the Sites to any User at any time, both before and/or after cessation of the Services and/or upon removal of the related contents from the Sites.


The Company reserves and has the right to delete user membership for unethical conduct.


14. Disclaimer


The Company does not have control over and does not guarantee the truth and/or accuracy of the listings of any advertisement and/or materials on the Sites. In any event, the Company, its officers, directors, employees and/or agents shall not be liable and/or responsible in any event for any losses, claims and/or damages whatsoever suffered by any user whatsoever and/or howsoever arising and/or resulting from his/her/its use and/or inability to use the sites and/or their contents, including but not limited to negligence and/or disputes between/among any parties.


The Company uses its best efforts to maintain the Sites, but is not responsible for the results of any defects that may be found to exist in them, or any lost profits and/or other consequential damages that may result from such defects. You should not assume that the Sites are error-free or that they will be suitable for the particular purpose that you have in mind when using it.


In no event will the Company be liable for your inability to access the information or for any damage you suffer, including, but not limited to, destruction of data and/or damage to your equipment, whether such damage is direct, incidental or consequential, and whether caused by mistake, omission, interruption and/or deletion of files or messages, errors, defects, delays in operation or transmission, failure of equipment or performance, negligence and/or otherwise. You agree to indemnify and hold the Company, its officers, directors, employees, servants, agents and/or contractors harmless against any and all claims and/or liabilities arising out of use of any information provided on the service by you or by anyone directly or indirectly obtaining such information through you.


The views and opinions expressed on the personal home pages or the related pages are of the owner alone, and are not endorsed by the Company, nor is the Company responsible for them. The Company does not normally censor any submission, but asks that each user to use discretion and respect for other users, and does not contribute any word that promotes discrimination of any type.


The Company reserves the right to withhold and/or remove any link that might possibly subject any individual, entity and/or group to ridicule, potential embarrassment and/or potential defamation. The Company also reserves the right to accept, edit and/or remove any link that is deemed inappropriate in any way.


All parties submitting materials to the Company represent and warrant that the submission, installation, copying, distribution, and/or use of such materials in connection with the Pages will not violate any other party's proprietary rights.


At no time can any of the information found on the Sites be re-loaded on any other Internet site, bulletin board and/or other on-line service either in whole or in part, or re-distributed in any other way, without the written permission of the Company.


By submitting your URL to the Company, you acknowledge that you have read this disclaimer and agree to what is stated within. If you disagree with this disclaimer, then you must contact the Company or send a message to admin@mycomments.com.my asking for the removal of your link.


15. Limitation of Liability


Without prejudice to any of the above and subject to the applicable laws, the total and aggregate liability of the Company to any User for all and whatever claim/s arising from their use of the Services and/or the Sites shall be limited to the sum of Ringgit Malaysia One Thousand (RM1,000.00) Only.


16. Security Measures


The Company will use its reasonable endeavours to ensure that its officers, directors, employees, servants, agents and/or contractors will exercise their reasonable prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such person/s is on a, "need-to-know" and "need-to-use", bases. The Company will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.


17. Governing Law and Jurisdiction


The terms and conditions set out herein and any dispute and/or matter arising from and/or or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of Malaysia.. Both users and the Company shall submit to the exclusive jurisdiction of the law Courts of Malaysia.

Back to list | 2013-08-27 20:56