SITE TERMS OF USE
Welcome to Tindakanstrategi.com, Tindakan Strategi’s website
(the "Site"). These terms of use ("Site
Terms") impose conditions on your access to this Site,
and any use you make of it, so please read them carefully.
They do not alter in any way the terms or conditions of
any other agreement you may have with Tindakan Strategi
Sdn. Bhd. ("TS") or its subsidiaries or affiliates
for other products or services.
SPECIAL NOTE REGARDING NETWORKED TS SITES.
In an effort to
make on-line information about TS and business transactions
with TS efficient, TS uses Tindakanstrategi.net as an entry
into networked web pages and websites operated by TS and
its subsidiaries and affiliates. Please note that individual
TS Sites may adopt terms of use particular to the purpose
of the TS Site or the transactions taking place on the
TS Site. For example, some of the TS Sites affiliated with
commercial transactions that you or your business may have
with TS, particularly those which are password-protected
or subject to subscriptions, may have differing terms,
or separate agreements which supplement or supersede these
terms. If a TS Site has imposed its own terms of use by
posting on the separate agreement or otherwise, the provisions
of those TS Site terms shall control in the event of a
conflict with these general terms of use for Tindakanstrategi.net.
Except as supplemented or superseded as described herein,
these general terms of use for Tindakanstrategi.net apply
to the entire network of TS Sites, and control your use
thereof.
TS reserves the right to change or modify any of the terms
and conditions contained in the Site Terms or any policy
or guideline of the Site, at any time and at its sole discretion.
Any changes or modification will be effective upon posting
of the revisions and notice of such changes to the Site.
Your continued use of this Site following the posting of
its changes or modifications will constitute your acceptance
of such changes or modifications. Therefore, you should frequently
review the Site Terms and applicable policies from time-to-time
to understand the terms and conditions that apply to your
use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY
SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE
TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT
ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should
be directed to the Site Web Master.
INCORPORATED POLICIES OR TERMS
Privacy Policy. TS believes
strongly in protecting individual user privacy and providing
you notice of TS's collection and use data, including personally
identifying information, collected from the Site. Therefore,
TS has adopted a Privacy Policy that you should review in
order to fully understand how TS collects and uses information.
Terms of Sale. Transactions with TS Sites offering products
or services for purchase may be subject to Terms of Sale
required as a condition to completion of the transaction.
These Terms of Sale may be posted on the TS Site or set forth
in a separate agreement with you. Your transactions will
be governed by such Terms of Sale, therefore you should review
them carefully.
SITE LICENSE AND ACCESS
TS grants you a limited license to make personal use only
of the Site. Such grant does not include, without limitation:
(a) any resale or commercial use of the Site or content therein;
(b) the collection and use of any product listings or descriptions;
(c) making derivative uses of the Site and its contents;
or (d) use of any data mining, robots, or similar data gathering
and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or
otherwise in or under any patent, trademark, copyright, or
proprietary right of TS or any third party.
You may not use, frame or utilize framing techniques to enclose
any TS trademark, logo or other proprietary information (including
the images found at this Site, the content of any text or
the layout/design of any page or form contained on a page)
without TS's express written consent. Further, you may not
use any meta tags or any other "hidden text" utilizing an
TS name, trademark, or product name without TS's express written
consent.
Any unauthorized use of this Site will terminate the permission
or license granted by these Site Terms and may violate applicable
law including copyright laws, trademark laws, and communications
regulations and statutes. All violators will be prosecuted
to the fullest extent of the law.
COPYRIGHT
All copyrighted and copyrightable materials on this Site,
including, without limitation, the design, text, graphics,
pictures, sound files and other files, and the selection
and arrangement ("Materials")
thereof are copyrighted, ALL RIGHTS RESERVED, by TS, TS Technology
Sdn Bhd and/or third-party licensors. 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 permission of TS or the respective copyright
owner. Permission is granted to display, copy, distribute and
download the Materials on this Site for personal, non-commercial,
and informational use only; provided that, you may not, without
the permission of TS or the respective copyright owner, (a)
copy, publish, or post any Materials on any computer network
or broadcast or publications media, (b) modify the Materials,
and (c) remove or alter any copyright and other proprietary
notices contained in the Materials. Before you download or
otherwise copy any photographs or images from the Image Gallery,
you must agree to the Terms and Conditions of Personal, Non-Commercial
Image Use. Any request for grant of a commercial license to
TS copyrighted materials is subject to prior approval, and
should be addressed to the TS Copyright licensing staff via
the online feedback form located on our website.
COPYRIGHT COMPLAINTS
TS respect the intellectual property of others. If you believe
that your work has been copied and has been posted to this
Site in a way that constitutes copyright infringement, please
provide TS' copyright agent the following written information:
• An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has
been infringed upon;
• A description of where the material that you claim is infringing
is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
• A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
TS' Copyright or notice of claims of copyright infringement
on this Site can be reached as follows:
Copyright Agent Executive & Internal Communications
Tindakan Strategi Sdn. Bhd.
Level 36 Menara Citibank,
165, Jalan Ampang,
50450 Kuala Lumpur, Malaysia
Email: info@tindakanstrategi.com
Website: www.tindakanstrategi.com
Office Tel : +60 (3) 22 98 73 58
Office Fax : +60 (3) 21 69 61 68
TRADEMARKS AND SERVICE MARKS
Trademarks, service marks or registered trademarks owned
by TS may not be copied, imitated or used, in whole or in
part, without the prior written permission of TS. In addition,
all page headers, custom graphics, button icons, and scripts
are service marks, trademarks, and/or trade dress owned by
TS, and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of TS. All
other trademarks, registered trademarks, product names and
company names or logos mentioned herein are the property
of their respective owners, and may not be copied, imitated
or used, in whole or in part without the prior written permission
of such respective owners. Any request for grant of a license
to use TS marks is subject to prior approval, and should
be addressed to TS via the online website feedback form.
THIRD-PARTY CONTENT
This Site may, from time to time, include discussion forums
and interactive areas, including bulletin board services.
Any forums and interactive areas of the Site shall be used
only for non-commercial purposes. By using the forums or
interactive areas, you agree not to do any of the following:
• Upload to, distribute or otherwise publish through this
Site any message, data, information, text or other material
("Content") that is unlawful, libellous, defamatory,
obscene, pornographic, indecent, lewd, harassing, threatening,
harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or
encourage a criminal offence, violate the rights of any party,
or that would otherwise create liability or violate any local,
state, national, or international law;
• Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By posting any Content,
you represent and warrant that you have the lawful right
to distribute and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; and
• Without TS' written permission, distribute or publish unsolicited
promotions, advertising or solicitations for funds, goods
or services, including junk mail and spam.
TS takes no responsibility and assumes no liability for any
Content posted or uploaded by you or any third party, or
for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, if any, TS is only
a forum and is not liable for any statements, representations,
or Content provided by its users.
Enforcement. TS has the right, but not the obligation, to
monitor any activity and Content associated with its forums
and interactive areas. TS may investigate any reported violation
of its policies or complaints and take any appropriate action
that it deems appropriate. Such action may include, but is
not limited to, issuing warnings, suspension or termination
of service, and/or removal of posted Content. TS reserves
the right and has absolute discretion, to remove, screen
or edit any Content that violates these provisions or is
otherwise objectionable. In order to cooperate with legitimate
governmental requests, subpoenas or court orders, to protect
TS' systems and customers, or to ensure the integrity and
operation of TS' business and systems, TS may access and
disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e.
name, e-mail address, etc.), IP addressing and traffic information,
usage history, and posted Content. TS' right to disclose
any such information shall govern over any terms of TS' Privacy
Policy.
Responsibility for Your Conduct. You shall remain solely
liable for the Content of any messages or other information
you upload or transmit to this Site, including the discussion
forums or interactive areas of the Site. You agree to indemnify
and hold harmless TS from any claim, action, demand, loss,
or damages (including attorneys' fees) made or incurred by
any third party arising out of or relating to your conduct,
your violation of these Site Terms, or your violation of
any rights of a third party.
LINKING
Links to the Site. You are granted a limited, non-exclusive
right to create a hyperlink to this Site provided such link
does not portray TS or any of its products and services in
a false, misleading, derogatory or otherwise defamatory manner.
You may not use a TS logo or other proprietary graphic or
trademark of TS to link to this Site without the express
written permission of TS. This limited right may be revoked
at any time.
Third-Party Links. TS makes no claim or representation regarding,
and accepts no responsibility for, the quality, content,
nature or reliability of third-party sites accessible by
hyperlink from this Site, or third-party sites linking to
this Site. The third-party linked sites are not under the
control of TS and TS is not responsible for the content of
any third-party linked site or any link contained in a third-party
linked site, or any review, changes or updates to such sites.
TS provide these links to you only as a convenience, and
the inclusion of any link does not imply affiliation, endorsement,
or adoption by TS of the site or any information contained
therein. When leaving the TS Site, you should be aware that
TS' terms and policies no longer govern, and, therefore,
you should review the applicable terms and policies, including
privacy and data gathering practices, of that site.
GENERAL SUBMISSIONS
Do not use this Site as a means of submitting information
you consider to be proprietary. Confidential and proprietary
information should be submitted only in connection with those
TS Sites specifically allowing and providing for its receipt
and protection. Except as otherwise expressly provided in
the terms of use for your transactions with a TS Site or
in a written agreement with TS applicable to your particular
use of a TS Site, any submission of materials by you will
be considered a contribution to TS for further use in its
sole discretion, regardless of any proprietary claims or
reservation of rights noted in the submission. Accordingly,
you agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided
by you in the form of e-mail or submissions to TS, or postings
on this Site, are non-confidential (subject to TS' Privacy
Policy) and shall become the sole property of TS. TS shall
own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of
these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. The submission
of any materials to TS, including the posting of materials
to any forum or interactive area, irrevocably waives any
and all "moral rights" in such materials, including
the rights of paternity and integrity.
FINANCIAL MATERIAL DISCLOSURE
Press Releases. The information contained within press releases
issued by TS should not be deemed accurate or current except
as of the date the release was posted. TS has no intention
of updating, and specifically disclaims any duty to update,
the information in the press releases. To the extent any
information therein is forward-looking, it is intended to
fit within the safe harbour for forward-looking statements,
and is subject to material risk.
Third-Party Financial Information. TS may provide links to
third-party Web sites or services that contain financial
or investment information. Access to such Web sites and the
information contained therein is provided as service to those
interested in the information. TS neither regularly monitors
nor has control over the content of third parties' statements
or Web sites. Accordingly, TS does not endorse or adopt these
Web sites or any information contained therein, including,
without limitation, analyst's reports and stock quotes. TS
makes no representations or warranties whatsoever regarding
the accuracy or completeness of the content, information,
or opinions of third-party Web sites or other third-party
information that is identified on the Site. Users visit these
Web sites and use the information contained therein at their
own risk.
DISCLAIMERS
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT,
DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS
SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. TS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT,
SERVICES AND PRODUCTS ON THE SITE. TS DOES NOT REPRESENT
OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. TS IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT,
OR PHOTOGRAPHY. WHILE TS ATTEMPTS TO ASSURE YOUR ACCESS AND
USE OF THE SITE IS SAFE, TS CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
TS reserves the right to change any and all content contained
on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade
name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship or recommendation
thereof by TS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TS (WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF
TS'S SITE EXCEED $1.00 OR THE COMPENSATION YOU PAID TS, WHICHEVER
IS LESS.
Certain laws do not allow limitations on implied warranties,
or the exclusion or limitation of certain damages. If these
laws apply, some or all of the above disclaimers, exclusions,
or limitations, may not apply to you, and you may have additional
rights to those contained herein.
APPLICABLE LAW AND VENUE
These terms and conditions shall be governed by and construed
in accordance with the Common Law of Malaysia, applicable
to agreements made and entirely to be performed within Malaysia,
without resort to its conflict of law provisions. You agree
that any action at law or in equity arising out of or relating
to these terms and conditions shall be filed only in state
or federal court located in Kuala Lumpur, Malaysia, and you
hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts over any suit,
action or proceeding arising out of these terms and conditions.
TERMINATION
Notwithstanding any of these terms and conditions, TS reserves
the right, without notice and in its sole discretion, to
terminate your license to use the Site, and to block or prevent
future access to and use of the Site.
SEVERABILITY
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any
remaining provisions.
Last Revised: June 1st 2010 |