Terms of Use
This site ("Site") is owned by Maxwell Cloud Technology Sdn Bhd (1294573-P) ("Site Owner"). All registered members ("account owner(s)") and pure visitors ("user(s)") shall review and agree with the Terms of Use prior to use any facilities under this Site and/ or to proceed with any business transaction(s) through this Site, to ensure you have full knowledge as well as aware of how this Site conduct and doing business.
Acceptance of Terms of Use and Undertaking
Use of this Site is subject to the Site Terms of Use, which constitute a legal and binding agreement between you and the Site Owner. By using and/ or accessing this Site, you are fully acknowledge and consent that you have read, understood, and agree to be bound by the Terms of Use, relevant rules and regulations as well as the policies of the Site. Please review the Terms of Use as well as other relevant rules and policies of this Site, and if you did not fully agree of them and/ or disputed any of them, please do not use and immediately cease to use this Site and/ or any facilities available in this Site. Your decision and action in visiting this Site and/ or using any of the facilities available/ found in this Site shall constitute your irrevocably acceptance of the Terms of Use. The Site Owner reserves the right to change, modify, add, alter, delete or remove any/ portions of the Terms of Use at any time as it may deem fit. Any changes of the Terms of Use shall be effective when the amended version has been posted/ stated on this Site without the need for other/ further notice to be provided. You shall check the Terms of Use regularly for any updates. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your irrevocably acceptance of those changes.
Acceptance of Contract Terms
By accessing, browsing and/or using this Site, you acknowledge and irrevocably confirmed that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws, rules, regulations and convention. If you do not agree to these terms, do not use this Site. The information, data and materials provided on this Site is protected by laws, including but not limited to the relevant trademarks and copyright laws and international treaties, if applicable. This Site is controlled and operated by the Site Owner from its office(s) within Malaysia. The Site Owner makes no representation and/ or warranty whatsoever that information, data and materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the information, data and materials contained herein is governed by the laws of Malaysia.
Use of This Site
The Site Owner hereby grant you a non-transferable and revocable license to use this Site, under the Terms of Use as described, for the purpose of using and/ or enjoying and/ or receiving the facilities and/ or services available and/ or provided in this Site. Any breach of the Terms of Use shall result in immediate revocation of the license granted in this paragraph without further notice to you. Contents provided on this Site is solely for informational purpose. Unless otherwise expressly stated in writing, the service(s)/ product(s)/ item(s)/ representations/ warrants/ descriptions expressed on this Site are made by those of the merchant(s)/ provider(s)/ owner(s) of the service(s)/ product(s)/ item(s) and are not made by the Site Owner. Submissions or opinions expressed on this Site are those of the individual posting such contents and shall not reflect/ constitutes the Site Owner’s opinions.
Certain services, facilities and related features that may be made available on this Site may require registration or subscription. Should you choose to register or subscribe for any such services, facilities or related features, you shall provide accurate and requisite information about yourself, and to promptly update such information to us if there were any changes. Every user of this Site is solely responsible for keeping passwords and other account identifiers safe and secure. The user and/ or account owner registered under this Site is entirely responsible for all activities that occur under such password or account. Furthermore, as the user and/ or account owner, you shall notify us of any unauthorized use of your password or account. The Site Owner shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with the Terms of Use or due to whatever reason(s) through the using of this Site.
Basis of the Contract
Any project tendered or offered and/ or any supply of goods/ services by or to the to the user and/ or account owner under any contract(s) and/ or offer(s) stated or through this Site shall be subjected to the Terms of Use which shall govern the contract(s) and/ or offer(s) to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by or provided to the user(s)/ account owner(s) or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
Any information and/ or data made available in this Site connection with any project tendered/ offered and/ or supply of goods/ services, including photographs, drawings, particular details about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and solely for display and/ or information purposes only. In entering into the contract with the offeror or seller, whichever is applicable, the offeree or buyer shall acknowledge that it does not rely on and waives any claim based on any such representations or information not so confirmed.
Any typographical clerical or other error or omission in any precedent forms of quotation, invoice or other documents/ forms prepared and provided by this Site shall be subject to correction without any liability on the part of the Site Owner and without prior notice given.
Electronic documents such as tax invoice, receipt, credit note, debit note, notice or any other documents used and exchanged between the user(s) and/ or the account owner(s) through this Site shall be constituted and carried the same effect and position as the traditional paper documents.
Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information contents/ found on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of this Site. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Use Restrictions
The copyright/ trademark in all materials provided on this Site is held by the Site Owner or by the original creator of the materials. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of the Site Owner or the copyright/ trademark owner. Written consent is granted to the users and/ or the account owner(s) of this Site for the purpose to display, copy, distribute and download the materials on this Site for the corporate/ commercial purpose(s) as stated in this Site, provided that the user(s)/ account owner(s) shall not modify the materials and that the user(s)/ account owner(s) retain all copyright and other proprietary notices contained in the materials. The said consent/ permission terminates automatically if you breach any of these the Terms of Use. Upon termination of such consent/ permission, you shall obliged to immediately cease to display, copy, distribute and download the materials and destroy any downloaded and printed materials. You shall not, without the Site Owner’s written permission, copy and/ or "mirror" any materials contained on this Site on any other server. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, contract laws, the laws of privacy and publicity, and the relevant regulations and statutes.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall the Site Owner found to be liable for any direct, indirect, special, incidental or consequential damages, including but not limited to, loss of data or profit, arising out of this Site, or the inability to use, the materials on this Site, even if the Site Owner’s authorized representative has been advised of the possibility of such damages. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Transmissions and Communications
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Site Owner or its affiliates for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products/ services/ facilities. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
User Submissions
Anything that you submit to/ through the Site and/or provide to us, including but not limited to, questions, reviews, comments, information and suggestions (collectively referred to as , "Submissions") shall become our sole and exclusive property and we have no obligations and/ or duties to shall not be returned it and/ or any part of it to you. In addition to the rights applicable to any of the said Submissions, while you post/ carry out any of the Submissions comments or reviews to the Site, you shall be treated as granting us the right to use the name and/ or information of the Submissions that you submit, in connection with such review, comment, or other content. You shall not use a false identity and/ or e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any of the Submissions. We may, but shall not be obligated to, remove or edit any of the Submissions posted/ carried out by any of the user(s) without any notice/ reason for justification to be provided.
Basis Terms and Mode of Payment
By making any kind of payment of the goods and/ or services and/ or facilities to any parties in this Site, including but not limited to the subscription fee to the Site Owner and/ or any charges imposed by the Site Owner, you shall deem and treated as fully agree, consent and understand all the details, rules, regulations, terms and effect of such payment made. You shall not proceed to make any payment in the event if you do not understand and/ or fail to agree and/ or do not consent in full of the payment arrangement, procedure and terms. You shall be entitled to make the relevant payment(s) for the specific purpose(s) to the Site Owner pursuant to the various payment methods set out and specifically stated in the Site. The terms and conditions applicable to each type and method of payment, as contained in Site, shall be applicable to the contract between you and the Site Owner. All payment(s) made under this Site shall not non- refundable. Any payment refund arrangement shall subject to the Site Owner sole discretion and final decision.
If the account owner and/ or user fails to make any of the necessary payment in full pursuant to the terms and conditions of the payment method elected for the goods/ services/ facilities/ charges, required under this Site, then without prejudice to any other right or remedy available to the Site Owner, the Site Owner shall be entitled to:
(a) cancel the contract or suspend deliveries/ supply of the goods and/ or services and/ or facilities until and unless payment is made in full; and/or
(b) charge late interest against the account owner and/ or user (both before and after any judgment) on the amount unpaid at the rate of eight per cent (8.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest); and/ or
(c) cancel and/ or suspend the account registered by the account owner/ user under the Site and to remove and/ or hide and/ or delete all the information and account of the account owner and/ user provided and/ or stated and/ or found in the Site.
Warranties and Disclaimers
The information contained on this site is provided "as is" without warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Site Owner assumes no responsibility for errors or omissions in these pages or other documents which are referenced by or linked to these web pages. References to corporations, facilities, services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall the Site Owner be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibilities of damage, and on any theory of liability arising out of or in connection with the use or performance of the information. These documents could include technical or other inaccuracies or typographical errors. The Site Owner assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time.
Terms of Use Revisions
The Site Owner may at any time revise these Terms of Use by updating this posting. By using the Site, you hereby unconditionally agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. The Terms of Use may subject to amendments, alternations, adjustments, corrections and/ or modifications made by the Site Owner from time to time, where such amendments, alternations, adjustments, corrections and/ or modifications made and reflected in the Terms of Use shall have legal binding effect to all the account owner and/ or user of the Site without further/ separate notice to be provided by the Site Owner.
The Site Owner shall be under no liability whatsoever where this arises from a reason beyond its reasonable control or from an act or default of the account owner(s) and/ or user(s) or act(s)/ incident(s) not directly and deliberately caused/ contributed by the Site Owner.
In no event shall Site Owner be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the account owner(s) and/ or user as a result of an action brought by a third party) even if such loss were reasonably foreseeable or the Site Owner had been advised of the possibility of the account owner(s) and / or user(s) incurring the same.
In the event whatsoever if the Site Owner has held to be liable for any loss and damages suffered by the account owner(s) or user(s) or any other third party, the Site Owner’s liability shall be limited to the maximum cumulative proven amount of damages of Ringgit Malaysia Ten Thousand (RM10,000.00) only.
Without prejudice limitation of liability under the said Terms of Use, the Site Owner’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the contract) shall not exceed the total sum of Ringgit Malaysia Ten Thousand (RM10,000.00) only.
If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under the said Terms of Use.
No legal action shall be brought against the Site Owner later than two (2) months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware.
Force Majeure
The Site Owner shall not be liable to the account owner(s) and/ or the user(s) or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Site Owner’s obligations if the delay or failure was due to and caused by any force majeure event(s). Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Site Owner’s reasonable control and classified as force majeure event(s):
(a) Act of God, explosion, flood, tempest, fire or accident;
(b) War or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(d) Import or export regulations or embargoes;
(e) Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of the Site Owner or of a third party);
(f) Interruption of production or operation, difficulties in obtaining raw materials labor fuel parts or machinery;
(g) Power failure or breakdown in machinery; or
(h) Any incident(s) which is out of the control or unforeseeable by the Site Owner.
Upon the happening of any one of the force majeure events, the Site Owner may at its option:-
(a) Fully or partially suspend delivery/performance while such event or circumstances continues; or
(b) Terminate any contract so affected with immediate effect by putting up a notice in the Site where the Site Owner shall not be liable for any loss or damage suffered by the account owner(s) and user(s) as a result thereof.
In addition to any other legal or equitable remedies, the Site Owner may, without prior notice to you, terminate the Terms of Use or any part of the Terms of Use or revoke any or all of your rights granted under the Terms of Use. Upon any of the termination, you shall immediately cease all and/ or the relevant rights previously granted to you such as to access to and use of the Site and the Site Owner shall, in addition to any other legal or equitable remedies, revoke and/ or suspend and/ or freeze all password(s) and account identification granted and/ or issued to you and deny your access to and use of the Site in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising prior the date of termination. You further agree that the Site Owner shall not be responsible and/ or liable to you or to any third party as a result of any such suspension or termination under this Clause. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of the Site Owner, in operating the Site, you consent and confirm that your sole and exclusive remedy is to discontinue using the Site.
Any notice(s) required or permitted or intended to be given by the Site Owner to the account owner(s) and/ or user(s) under the Terms of Use shall deem to be sufficient and effective by putting up in the Site, if any notice(s) to be given to the Site Owner, shall be issued to its registered office or principal place of business.
Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in the said Terms of Use but if there is any conflict between the provisions of Incoterms and the said Terms of Use, the latter shall prevail.
No waiver by the Site Owner of any breach of the contract by the account owner(s) and/ or user(s) shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the said Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the said Terms of Use and the remainder of the provision in question shall not be affected thereby.
No person who is not a party to the contract (including any employee, officer, agent, representative or sub-contractor of either party) shall have any right to enforce any terms of the contract against the Site Owner which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
The Site Owner reserves its right to the Terms of Use at any time.
Further Queries Contact
For further information and query in relation to the goods/ services/ facilities offered through the Site and/ or the operation of the Site, please contact the Site Owner through it hotline support@niuace.com