TERMS AND CONDITIONS

These Terms and Conditions Agreement (“Terms”, “Agreement”) is an agreement between you (“User”, “you” or “your”) and Unotis (“Unotis“, “company”, “we”, “our” or “us”). These terms and conditions ("Terms and Conditions") apply to the http://www.unotis.my website (the “Site”), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. We provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website hosting services, and services (collectively, the “Services”) directly and through the website and associated domains of the site. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

USER

User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

'Individual' - The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. 'Individual' includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User's personal capacity and on behalf of the User's child/ward, to be bound by the terms of this Agreement and to be liable for the User's child's or ward's acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User's child or ward observes the terms of this Agreement.

'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

GENERAL

The content of terms and conditions may be change, or move at any time. Please note that Unotis have the rights to change the contents of the terms and conditions without any notice. Any violation of rules and regulations of these terms and conditions, will take immediate actions against the offender(s). All material and services available on the Site, and all material and services provided by or through Unotis, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.

RESPONSIBILITIES OF THE USER

The User is personally responsible for his/her use of the Site and/or Services. The User uses the Site and/or the Services at his/her own risk. The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code ("Content Code").

The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:

  1. Infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
  2. Otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
  3. Violates or is illegal under any applicable law, statute, ordinance or regulation.

The User shall not provide and/or cause to be provided information which:

  1. Is false, inaccurate or misleading;
  2. Involves the sale of counterfeit or stolen items, or any other fraudulent act;
  3. Infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
  4. Violates or breaches any law;
  5. Is defamatory;
  6. Contains pornographic or obscene materials.
  7. Contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  8. Creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
  9. Introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
  10. Any other prohibited content as provided under the Content Code.

"Information" referred to herein above includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.

The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.

The Company shall also have the right to remove any content from the Site in accordance with the complaints procedure contained in Part 5, Paragraph 10.2 of the Content Code. The User may obtain further information on the Content Code from the following link: http://cmcf.my/

The User shall comply with the Company's Rules of Advertising.

The User is solely responsible for the accuracy of the said Information.

ACCOUNTS AND MEMBERSHIP

If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

INTELLECTUAL PROPERTY

Copyright

All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site ("Content") are works protected under the Malaysian Copyright Act 1987.

Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:

  1. Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
  2. Transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.

No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User's personal use only. The User further agrees that he or she will not infringe the Company's copyright by any method or manner now known or as may exist in the future.

The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs ('the Assigned Works').

The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.

SERVER / SERVICE DOWNTIME

We are not responsible for any damages/loses in profit and/or data if user is experiencing server/service downtime that causes their website(s) and/or email(s) are unable to function normally.

CONTENT USE CONDITIONS

All information, materials, functions and other content ("Content") on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.

The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:

  1. Services; or
  2. Site.

Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.

ONLINE CONDUCT OF THE USER

The User undertakes:

  1. To comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);
  2. Not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
  3. Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

PRIVACY

The Company collects information about its Users ('User Information') during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.

All User activities are logged. When the User requests pages from the Company's servers, it automatically collects information about the User's preferences, including the User's Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site.

Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.

If the User is an Individual, information regarding the handling of the User's personal information by the Company is set out in our Privacy Policy.

COOKIES

This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for both Internet Explorer and Mozilla browsers. Please refer to your browser's Help for more information about enabling cookies.

A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.

BILLING AND PAYMENTS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time.

ACCURACY OF INFORMATION

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related website has been modified or updated.

GIVING US ACCESS TO OTHER ACCOUNTS AND SERVICES

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third-party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

WHAT YOU PROVIDE TO US

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). Unotis is not responsible for your Content. You hereby grant Unotis a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

ADVERTISEMENTS

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

RULES

You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, fraud, embezzlement, money laundering, insider trading and any sexual content is prohibited. You will not use the Services or Materials to impersonate another person. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Unotis without our express written permission. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Unotis user to access the Services. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Unotis. You will not publish Content, or links to Content, that is: Pornographic, sexually explicit, violent, illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another), reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous or breaches another’s privacy.

NO WARRANTY

The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company's control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.

The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

EXCLUSION OF LIABILITES

To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:

  1. Any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
  2. Any loss of goodwill or reputation;
  3. Any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;
  4. Any liability at common law; or
  5. In any other way.

Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

INDEMNITY

The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.

RELEASE

In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kuala Lumpur, Malaysia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Malaysia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Kuala Lumpur, Malaysia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

TERMINATION OF SERVICE(S)

Services may be terminated by us, without cause, at any time. Services may be terminated by you, without cause, by emailing us via buildyourbrand@unotis.my. Unotis may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Notice of termination of Services by Unotis may be sent to the contact e-mail associated with your account. Upon termination, Unotis has the right to delete all data, files, or other information that is stored in your account. No refund will be issued in termination of service(s).

TERMINATION/EXCLUSION

This agreement is effective unless and until either by the customer or Unotis. Customer may terminate this agreement at any time. However, Unotis may also terminate the agreement with the customer without any prior notice and will be denying the access of the customer who is unable to comply the terms and conditions above.

ASSIGNMENT

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

LINK TO OTHER SITES

Any access link to third party sites is at your own risk. http://www.unotis.my and the company will not be related or involve to any such website if the user’s content/product(s) got damaged or loss have any connection with third party site.

DOMAIN

We register your domain with third party domain registrars. When you register a domain name, or renew or transfer an existing domain name to us, you are entitled to the relevant registrar’s terms of service. However, you may not transfer your domain for the first sixty (60) days following registration or sixty (60) days before the expiration date. For renewals, we’ll try to provide you notice at least fifteen (15) days before your domain renewal date. We are registering your domain with the details you have provided us during purchasing our website design plan services or Mynic Domain except domain administrative email, domain technical contact details and domain billing contact details. We will update the domain administrative email when you request to transfer out in order for you to approve and receive the authorization code.

The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

TRADEMARK

Unotis.my and its logos are trademarks or registered trademarks of the Company.

COMMENTS AND FEEDBACKS

All comments and feedbacks to http://www.unotis.my will be remain Unotis’s property. User shall agree that there will be no comment(s) submitted to the http://www.unotis.my will violate any rights of any third party, including copyrights, trademarks, privacy of other personal or proprietary right(s). Furthermore, the user shall agree there will not be content of unlawful, abusive, or obscene material(s) submitted to the site. User will be the only one responsible for any comment’s content made.

NEWSLETTER

User shall agree that Unotis may send newsletter regarding the latest news/products/promotions etc through email to the user.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

DISCLAIMER

Please note that in posting your advertisement on the unotis.my, the site and all related sub-sites, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the "Regulations") as follows:

  1. Your name or the name of your business or company;
  2. The registration number of your business or company, if applicable;
  3. Your email address, telephone number and address;
  4. A description of the main characteristics of the goods or services offered;
  5. The full price of the goods or services including transportation costs, taxes and any other costs;
  6. The method of payment;
  7. Any terms and conditions governing the sale of goods or provision of services; and
  8. The estimated time of delivery of goods or services to the buyer.

Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and Unotis shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, Unotis shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.

CONTACTING US

If you have any questions about this Policy, please contact us.

http://www.unotis.my/

buildyourbrand@unotis.my