Terms and Condition - Sharing Economy

Introduction

These terms and conditions (“Terms and Conditions”) govern the User’s access to this SHARINGECONOMY portal and/or use of the Services provided by the SHARINGECONOMY Portal. By accessing the SHARINGECONOMY Portal and/or using the Services, the User agrees that it has read, accepted and are bound by the Terms and Conditions. SHARINGECONOMY Portal and the User shall individually be referred to as “Party” and collectively as “Parties” in the Terms and Conditions.

The Terms and Conditions of SHARINGECONOMY Portal may be updated and/or amended at any time without prior notice by publishing the latest version of the Terms and Conditions on the SHARINGECONOMY Portal. If the User continues to access the SHARINGECONOMY Portal and/or use the Services, the User shall be deemed to have agreed to and accepted the latest version of the Terms and Conditions.

Definitions

In these Terms and Conditions:

“Data” means data, information, content and materials in any form or manner submitted or transmitted through the SHARINGECONOMY Portal;
“Force Majeure” means an event or circumstance which is beyond the control of SHARINGECONOMY Portal, including but not limited to internet failures, computer equipment failures, viruses, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, natural hazard and/or disaster, earthquake, typhoon, war, acts of foreign enemies or perils of the sea or other perils;
“Services” means any and all of the services made available or provided by the SHARINGECONOMY Portal; and
“User” means the party registered as user of the SHARINGECONOMY Portal and accessing the SHARINGECONOMY Portal and/or using the Services;

Scope of Services

The Services made available or provided by the SHARINGECONOMY Portal may be modified, enhanced, substituted, suspended or removed at any time.

The User acknowledges that the SHARINGECONOMY Portal might at any time, decide to change or discontinue any aspect or feature of the SHARINGECONOMY Portal, including but not limited to the content and availability.

Registration, Username and Password

Upon completion and submission of a registration form by the User, the User will be registered as interested parties to be matched to related Services offered in the SHARINGECONOMY Portal.

Obligations when accessing the SHARINGECONOMY PORTAL

In accessing any part of the SHARINGECONOMY Portal, the User agrees:

Not to use the SHARINGECONOMY Portal in such a way that disrupts, interferes with or restricts the use of the SHARINGECONOMY Portal;
Not to upload, display or transmit any materials to or through the SHARINGECONOMY Portal which are false, plagiarised, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights (including copyright) of any other person anywhere in the world;
Not to access or use or permit the access or use of the SHARINGECONOMY Portal for any illegal purpose or for any purpose that is not permitted under the Terms and Conditions or under any other agreement to which the User is a party or under applicable laws; and
Not to post, submit or transmit any unlawful or unauthorised content on or through the SHARINGECONOMY Portal, including without limitation, content that contains software viruses or any file or program that may interrupt, disable, corrupt or impair the SHARINGECONOMY Portal and/or its related websites or the hardware and software system, security protocols, networks or other operations of the SHARINGECONOMY Portal and/or its related websites;

Representations and Warranties of the User

The User represents and warrants that:

The User has the legal capacity, full legal right, authority and power to execute, deliver and perform all its obligations under the Terms and Conditions;
The Terms and Conditions constitute a legal, valid and binding obligation of the User, enforceable against the User in accordance with the provisions of the Terms and Conditions and do not contravene any legislation or regulation binding on the User;
All information and document submitted by the User for the registration as user to the SHARINGECONOMY Portal are true, accurate, updated and complete;
The User has obtained the necessary licence, permit, approval, consent, order, authority or exemption under the applicable laws and regulations, to submit the Data to the SHARINGECONOMY Portal, to use the Services and/or to perform any activities or obligations under the Terms and Conditions and such licence, permit, approval, consent, order, authority or exemption has not been revoked, suspended or cancelled;
The User acknowledges and agrees that the submission of Data by the User to the SHARINGECONOMY Portal and/or the use of the Services by the User must conform to and comply with the applicable laws, including but not limited to the Personal Data Protection Act 2010 (Act 709), including all regulations, orders and binding codes of conduct promulgated thereunder;

Data

The User agrees and acknowledges that all Data provided by the User shall be accurate and complete without any error and shall conform to all requirements of the relevant laws and regulations and where applicable, shall have been collected, processed and retained by the User in accordance with the applicable laws including but not limited to the Personal Data Protection Act 2010 (Act 709), including all regulations, orders and binding codes of conduct promulgated thereunder.

SHARINGECONOMY Portal shall be entitled to, but is not obligated to, carry out such verification procedures and checks in relation to any of the transaction and/or the Data submitted on the SHARINGECONOMY Portal, at its discretion. The User acknowledges that SHARINGECONOMY Portal has discretion, for any reason whatsoever and without providing any reason to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if SHARINGECONOMY Portal in the opinion that such Data is in breach of the spirit of the Terms and Conditions or is undesirable, inaccurate or untrue.

All Data submitted by the User on the SHARINGECONOMY Portal shall be structured and transmitted in accordance with the protocols and standards as adopted by SHARINGECONOMY Portal from time to time and notified to the User.

The User acknowledges that SHARINGECONOMY Portal shall have the right to refuse or cancel any transaction submitted through the SHARINGECONOMY Portal where SHARINGECONOMY Portal has reason to believe that the Data and/or the transaction is incomplete, erroneous and/or does not comply with applicable laws.

Confidential information

Each Party agrees to use commercially reasonable efforts (at least equivalent to efforts as it applies to maintaining the confidentiality of its own confidential information) to maintain as confidential all Confidential Information provided to it by any other Party (“Disclosing Party”), except that:

Any such Party (“Receiving Party”) may disclose Confidential Information to its Affiliates and to its employees, officers, directors, auditors, consultants, attorneys, agents, advisors or authorised contractor or vendor, for purposes related to the Receiving Party’s performance of obligations under the Terms and Conditions (it being understood and agreed that
- the parties to whom such disclosure is made will be informed of the confidential nature of such Confidential Information and instructed to keep such information confidential and
- the Receiving Party shall be responsible for causing such parties to comply with the confidentiality provisions under the Terms and Conditions to the same extent as if they were parties to the Terms and Conditions);
SHARINGECONOMY Portal may disclose the Confidential Information to any government, authority and/or regulatory body in Malaysia to the extent that such government, authority and/or regulatory body in Malaysia requests or requires the Confidential Information for the purpose of the SHARINGECONOMY Portal and/or the Terms and Conditions;
Any Party may disclose Confidential Information as required under applicable laws, or reasonably believed by such Party to be compelled by any legal process issued by any court or tribunal whether in Malaysia or elsewhere; or
Any Party may disclose Confidential Information in the event that such information has been published or announced in conditions free from confidentiality or has otherwise entered the public domain without default on the part of such Party.
Upon the Disclosing Party’s written request, the Receiving Party at its best endeavour shall and shall procure any person to whom the Receiving Party has disclosed the Confidential Information to
- destroy all Confidential Information of the Disclosing Party, including internal Confidential Information, analyses, data, summaries, memoranda and other documents prepared or generated by the Receiving Party or such other person, including all copies thereof; or
- promptly deliver to the Disclosing Party all other Confidential Information of the Disclosing Party, together with all copies thereof, in the possession, custody or control of the Receiving Party or, alternatively, with the written consent of the Disclosing Party, the Receiving Party shall destroy all such Confidential Information; and
- certify all such return or destruction in writing to the Disclosing Party, provided, however, that the Receiving Party may retain a list that contains general descriptions of the information it has returned or destroyed to facilitate the resolution of any controversies after the Disclosing Party’s Confidential Information is returned.

Each Party acknowledges and agrees that, each Party may receive personal data from the other Party for purposes of and/or in relation to the Terms and Conditions and in this respect, each Party hereby undertakes that:

it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out its obligations under the Terms and Conditions; and
it shall comply, and shall ensure that the Data submitted to or transmitted through the SHARINGECONOMY Portal complies with all applicable laws, including but not limited to, the personal data protection laws and all regulations, orders and binding codes of conduct promulgated thereunder.

Disclaimer and Limitation of liability

The SHARINGECONOMY Portal including all its content and the Services is being provided on “as is” and on an “as available” basis, without any representation or warranty of any kind, whether express or implied. SHARINGECONOMY Portal does not warrant that use of the Services or access to the SHARINGECONOMY Portal will be uninterrupted, error free or free of computer viruses or computer bugs, or that defects will be corrected, nor does SHARINGECONOMY Portal give any warranty otherwise as to the SHARINGECONOMY Portal’s functionality, accuracy, or reliability.

To the maximum extent permitted by law, SHARINGECONOMY Portal shall not be liable for any loss or damage, including without limitation loss of profit or goodwill, loss of opportunity, loss of Data or any other direct or indirect, incidental, consequential, exemplary, punitive or special loss, damage or expense of any kind whatsoever, arising out of or in connection with the use of or inability to use the Services by the User and/or the access to or inability to access the SHARINGECONOMY Portal, including all its content, by the User.

The User shall indemnify, defend and hold harmless SHARINGECONOMY Portal from any and all claims, suits, actions, liabilities, fines, penalties, losses, damages, costs and expenses (including legal fees and expenses on a solicitor and client basis) of any kind resulting directly or indirectly from the acts or omissions of the User, suffered or incurred by SHARINGECONOMY Protal and arising out of the User’s breach of any of the terms and conditions of the Agreement.

Intellectual Property

All content within the SHARINGECONOMY Portal including but not limited to the Data, the trademarks, logos, service marks, copyrights, brands, headers, titles, texts, graphics, images, sound files, audios, animation files, video clips, legend, the look and feel and arrangement of the SHARINGECONOMY Portal and any other proprietary rights and/or intellectual property rights (“Intellectual Property Rights”), are licensed under the Creative Commons copyright license.

Cookies/Tracking Technology

The User acknowledges that the SHARINGECONOMY Portal may use cookie and other tracking technologies depending on the features offered whereby the cookie and tracking technologies are used for gathering information such as browser type and operating system, tracking the number of visitors to the site and understanding how the visitor and/or the User use the SHARINGECONOMY Portal.

Linked Sites

The SHARINGECONOMY Portal may contain links to third party websites. The User acknowledges and agrees that SHARINGECONOMY Portal shall not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites access by the User since SHARINGECONOMY Portal does not review, control or examine the content of the third party websites. All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites.

The User acknowledges and agrees that SHARINGECONOMY Portal has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from the SHARINGECONOMY Portal

Termination of Services

Notwithstanding anything herein to the contrary, SHARINGECONOMY Portal reserves its right to suspend, cease and/or terminate at any time the provision of the Services to the User and/or the access to the SHARINGECONOMY Portal without the obligation to provide any reason.

SHARINGECONOMY Portal shall be entitled to suspend, cease and/or terminate immediately the provision of the Services to the User and/or the access to the SHARINGECONOMY Portal, including invalidating the User’s Username and Password, if the User breached any of the provisions under the Terms and Conditions, or breached any representation or warranty made under the Terms and Conditions, or becomes insolvent, wound up or goes into liquidation or any step is taken by any person for the dissolution or winding up of the User or for the appointment of a liquidator (including a provisional liquidator), receiver, judicial manager, trustee, administrator or similar officer over the assets or businesses of the User, or to ensure or maintain the security of the SHARINGECONOMY Portal and its users.

The User may terminate its use of the Services by giving prior written notice to SHARINGECONOMY Portal.

Upon the termination of Services, all rights, approvals and licences granted to the User under the Terms and Conditions shall automatically terminate.

The User acknowledges and agrees that termination will not affect the User’s liability or obligations in respect of the Data submitted or transactions performed by the User through the SHARINGECONOMY Portal before such termination and the termination is made by SHARINGECONOMY Portal without prejudice to SHARINGECONOMY Portal’s other rights and remedies under the Terms and Conditions or under the law.

Miscellaneous

The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The Parties agree to submit to the jurisdiction of the courts of Malaysia.

The User shall not make any public announcement or issue any press statement concerning any aspect of the Terms and Conditions without the prior written approval of SHARINGECONOMY Portal save and except where such aspect of the Terms and Conditions is already in the public domain otherwise than by breach of the provisions of the Terms and Conditions by the User.

If any provision of the Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected.

Nothing contained herein shall be construed to imply a partnership, joint venture, principal-agent or an employer-employee relationship between SHARINGECONOMY Portal and the User.

Without prejudice to the laws on the limitation of proceedings, the provisions of the Terms and Conditions shall continue to bind each Party after the termination of Services insofar as and for as long as may be necessary to give effect to their respective rights and obligations.