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Term Of Use
Acceptance of Terms
and Conditions governing the use of Share Services IT Advisory
Sdn Bhd (SSITA) WEB SITE
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEB SITE. By accessing this
website and any pages thereof, you agree to be bound
by all the terms therein. If you do not agree to the
terms and conditions below, do not access this site
or any pages thereof. A reference to this "website"
is to websites owned and/or operated by SSITA including
but not limited to the information, text, images, links,
sound, graphics and video sequences displayed therein
(the "Materials"). SSITA reserves the
right to update the Term of Use at any time without
notice to you.
THERE ARE ALSO ADDITIONAL CONDITIONS
OF USE ELSEWHERE ON THIS WEB SITE WHICH YOU HEREBY AGREE
TO BE BOUND BY.
As used herein, the term "Agreement"
means this User Agreement as well as all other terms
and conditions that may be published or displayed from
time to time by SSITA on this Web site or at any
other link designated in this User Agreement, including
any amendments thereto. The terms of the Agreement apply
to your use of the Services. All amendments are effective
48 hours after posting on our site.
As used in this User Agreement, "User",
or "You" shall jointly and severally refer
to the individual user and/or the organization indicated
as the user identity. A User is a person who is entitled
to access all or any part of the Web site.
USAGE
By clicking the "submit" button in the online
registration, and by accessing or login in or using
the Service thereafter, you represent and warrant to
SSITA that the individual taking such actions has
the authority to enter into the Agreement on behalf
of the organization that he or she represents, that
each person designated a representative on the online
registration form on behalf of such an organization
has the authority to do so, that the Agreement to which
such an organization becomes a party is binding and
enforceable against such an organization, that such
an organization will have the ability to perform its
obligations under the Agreement and that the representations
and warranties set forth in the Agreement attributed
to you are true and correct as to such an individual
and such an organization.
Subject to the terms and conditions
in the Agreement, SSITA hereby grants to you a
nontransferable, nonexclusive license to access and
use the Service solely for your internal use in accordance
with the Agreement. We may in our sole discretion and
insofar as is reasonable, add, delete, or change some
or all the services included within the Service at any
time.
Without limiting the foregoing or expanding
any of your rights hereunder, you agree that you will
not re-publish, reproduce, or disseminate any of the
information available through the SSITA website
or any e-mail or other communication between Members
or make any use of any such information or the facilities
of SSITA that would allow a third party to have
unauthorised access to or the benefits of the Service
and knowledge relates to business intelligence of SSITA.
RIGHT OF REFUSAL AND RIGHT
TO TERMINATE
SSITA may terminate this User Agreement and the
license granted to you at any time with or without cause
and may refuse to provide the Service to you or any
other User at any time, at its sole discretion. Without
limiting any other remedies or limiting the foregoing,
SSITA may suspend or terminate your account if
you are found to have engaged in fraudulent activity
in connection with our site or if any of your representations,
warranties or agreements to or with us has been breached.
You may also terminate this User Agreement at any time.
In the case of any termination, you agree to continue
to abide by the provisions of the Agreement, which shall
remain in full force and effect after such termination,
except that the license to use the Service shall be
terminated and you shall have no further obligation
to pay for the use of the Service other than those accrued
upon or before such termination.
INTELLECTUAL PROPERTY
A User (defined as any visitor to our
Web site, including Customers and potential Customers)
acknowledges that the configurations, displays, screens,
ASP codes and all information appearing on or displayed
in connection with or contained by SSITA on its
Web site, the SSITA logo, and the mark and trade
name are covered by various intellectual property right
protections, including domestic and international trademark
and copyright laws. SSITA reserves all rights with
regards to these including seeking injunctive relief,
damages, and legal costs.
To the maximum extent legally possible,
User agrees that it will not directly or indirectly
copy or reproduce all or any part of the website, whether
electronically, mechanically, or otherwise, in any form
including, but not limited to, the copying of presentation
style, content, or content organization, without the
prior written permission from SSITA provided, however,
that the User may make copies of Web pages in its internal
computer system as part of accessing our Web site and
for its own internal use, but not make copies or otherwise
distribute, publish, reproduce, or retransmit any information,
or otherwise commercially exploit any information, in
its transactions with SSITA.
User acknowledges that SSITA and/or
third-party content providers remain the owners of the
information on this Web site, and that User does not
acquire any of those ownership rights by printing or
downloading any of the information or making use of
the Service. In addition, other trademarks appearing
through the use of the Service and information specifically
related to certain companies may also be subject to
the rights of other parties. User agrees to respect,
and not in any way to violate, such third party rights.
ACKNOWLEDGEMENT OF THIRD PARTY PROPRIETARY
RIGHTS
The content of this website includes
material proprietary to third parties, which is reproduced
with the authorisation of the rightful owner of the
content/logo/trademark/material/works. We acknowledge
the proprietary rights of the third party and the use
by SSITA of the content/logo/trademark/material/works
and all proprietary rights therein is with the authorisation
of such third parties, in acknowldgement of their proprietary
rights to the same.
CONFIDENTIALITY
All information, data, drawings, specifications,
documentation software listings, source or object codes
which SSITA may have imparted on this web page,
and which it may from time to time impart to you relating
to this download, is proprietary and confidential to
SSITA. You hereby agree only to use such proprietary
information solely for the purpose intended by SSITA,
namely to provide the user with additional information
on SSITA's products and services to assist the
user in the use of SSITA's products and services.
You are not permitted to disclose the proprietary information
to any third party whether directly or indirectly, without
SSITA's prior written consent, or to in any way
deal with the information, whether directly or indirectly,
in a manner which would prejudice the proprietary rights
of SSITA.
The User further agrees not to modify,
decompile, disassemble, or reverse engineer the content
seen on this website and shall not provide or otherwise
make available the material shown on this page, or any
part thereof, to any third party without the express
consent of SSITA. By viewing this page and the
material placed on this page, the user deems to consent
to this condition of limited access. "
LIMITATION
OF LIABILITY AND WARRANTY
User agrees that use of the service is entirely at User's
own risk. The service is provided "as is,"
without warranty of any kind or responsibility either
expressed or implied, including (without limitation)
any warranty or responsibility as to, of, or for
a) title, noninfringement, merchantability,
or fitness for particular purpose, whether related
to the covered products , or otherwise;
b) information, informational content, or completeness
or informational accuracy, whether relating to the
covered products or otherwise;
c) the quality, suitability, accuracy, functionality,
or operation of the service;
d) uninterrupted access;
e) the covered products or any information relating
thereto; or
f) the ability for a member to provide or deliver
a product or service or to pay a member for a product
or service.
This disclaimer of liability applies
to any damages or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, in any way relating
to or arising out of the service or the attempted use
thereof or any transactions between members, whether
for breach of contract, tortuous behavior, negligence
or under any other cause of action.
Neither SSITA nor any of its agents,
affiliates, or content providers shall be liable for
any direct, indirect, incidental, special, or consequential
damages arising out of use of the service or actual
transactions or intended transactions arising out of
the use of the service or inability to gain access to
or use the service or out of any breach of any obligation
or responsibility that any of them may have. Without
in any way limiting any other provision contained herein,
User agrees that in no event shall SSITA or its
officers, directors, owners, independent contractors,
employees, agents, or affiliates be liable, by reason
of, arising out of, or related to, the use of the web
site or the service, by reason of any transaction conducted
on this website. Notwithstanding the foregoing or any
other limitations on liability set forth in this agreement,
if a User becomes entitled to any recovery, each user
agrees that its recovery shall be limited to the amount
of any fees or payments paid to SSITA by reason
of such user's use of the service.
CHOICE OF
LAW AND JURISDICTION
The Agreement shall be construed and governed by the
laws of the Hong Kong SAR.
Notwithstanding the above, SSITA may seek and obtain
equitable relief against a User for the violation of
the Agreement and either party may apply to any court
of competent jurisdiction, where ever situated for enforcement
of any judgment any entry of whatever orders are necessary
for such enforcement.
SEVERABILITY
If any term, provision, covenant, or restriction of
this Agreement is held by a court of competent jurisdiction
or other authority to be invalid, void, unenforceable,
or against public policy, the remainder of this Agreement
shall remain in full force and effect.
ENTIRE AGREEMENT,
AMENDMENT, AND ASSIGNMENT
The Agreement, including any exhibits hereto and all
incorporated provisions, constitutes the entire agreement
among the parties and supercedes all prior agreements
and understandings, whether written or oral, with respect
to the subject matter of the Agreement. The Agreement,
may not be modified or amended except in writing signed
by the party against whom the amendment is to be enforced
or by, in the case of amendments made by SSITA,
the posting of the amendments (or the Agreement, as
so amended) on its web-site.
The User shall not be entitled to assign
or transfer any of its rights hereunder or allow any
person to obtain the benefits of such rights (including,
without limitation, allowing any third party to obtain
access to the Services, whether through a change in
control of the User or otherwise) without the prior
written consent of SSITA.
COPYRIGHT
NOTICE
Unless otherwise stated, all information contained in
this document is the copyright of Share Services IT Advisory Sdn Bhd
©2007 Share Services IT Advisory. ALL RIGHTS RESERVED.
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