MX - Acceptable Use Policy

ACCEPTANCE OF TERMS OF USE

IMPORTANT: PLEASE READ THESE CMS Acceptable use policy CAREFULLY AND MAINTAIN A COPY FOR YOUR RECORDS.

By accessing and using the CMS, you signify your agreement to and intent to be bound by these Terms. If you do not agree to these Terms, you are not authorised to use this CMS. These Terms of Use are subject to change by MX at any time in its discretion. Therefore, PLEASE consult these Terms of Use Regularly.

THE AGREEMENT IS BETWEEN THE MAXTREME STRATEGY SDN BHD (“MX,” “WE,” OR “US”) THAT ACCEPTS THE ORDER FOR THE APPLICABLE PRODUCT (“Mobiz®”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS THE ORDER OR QUOTATION WITH SIGNATURE (“ACCOUNT HOLDER”, “Client”, “YOU,” OR “YOUR”).

DEFINITIONS

The Services and Contents

The CMS provides you with information, various tools, features and functionality, and enable you to create, maintain and administer mobile applications for your business and/or CMS, as well as other solutions, products, services and Content to interact with other users via specific programs, which all can be used and displayed via the internet, mobile phones, tablets and other current or future platform or media (the “Services”).

Conditional Use of Our CMS and Services

Your permission to use this CMS is conditioned upon your agreement that you:

Account Maintenance

In order to access some features of the CMS, you will have to obtain an official account from us. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name & Identity.

Please note that you are fully responsible for maintaining your password confidentiality. You agree that any person who know your account username and password is disclosed and authorised to act as your agent for the purposes of using (and/or transaction via) the Service and CMS.

You also agree to be responsible for any and all activities that occur under your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.

You agree to notify us immediately of any unauthorized use of your account, password or other account information.

You agree to notify us immediately of any unauthorized use of your account, password or other account information.

MX Intellectual Property Right

All MX Intellectual Property Rights (whether registered or unregistered) in

You hereby agree

All rights in the MX Intellectual Property Right which are not expressly granted herein are reserved by the MX.

Content Submissions

Some sections of the CMS may provide you the opportunity to submit, post, display, transmit or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to the CMS or others (collectively, “Submission”).

User Submission authority. By posting, submitting or uploading User Submission to any part of the CMS, you represent and warrant that it complies with these Terms, and you acknowledge and agree that you are granting the MX a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), submission authority:

Your Rights in your User Submissions. You represent and warrant that:

Subject to the User Submission Authority, you grant to the MX hereunder, you shall continue to retain all rights in and to your User Submission to any other person or entity.

Your Liability for your User Submissions. You are solely responsible for your User Submission. Please carefully consider the User Submission you choose to post on any section of the CMS. You should not include any Personal Information of yours or other third-party such as full name, contact number, photo, address, as part of your User Submission, we cannot guarantee the security of any information you disclose through the CMS; you make such disclosures at your own risk.

Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not:

Monitoring and Removal of User Submissions. You grant the User Submission Authority to the MX whether or not your User Submission (or any part thereof) is actually posted on the CMS or used by the MX. You acknowledge and agree that the MX may, at its sole discretion, elect to post or not post your User Submission on any CMS, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. Your further acknowledge and agree that your post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between the MX and any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission. Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our CMS, we will remove all content and User Submissions if we are properly notified that such content or User Submission infringe on any person or entity’s Intellectual Property Rights.

In addition, we will cooperate fully with any law enforcement officials and agencies in the investigation of any person or persons who violated these Terms.
Indemnification respecting your User Submissions. You understand that when using the CMS, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold is harmless to the fullest extent permitted by law regarding all matters related to your User Submission.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO APPLICATION YOU CREATE OR ANY OTHER AREA OF THE CMS, YOU HEREBY EXPRESSLY PERMIT THE MX TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.

Content Removal Requests

Any request to remove copyright-infringing content from the CMS, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.

Privacy

MX will not share or use your company or personal information for any commercial purposes without your consent.
MX will not take any responsibility for any content information in CMS inclusive of End user details. MX only provides the platform to passes personal data, which includes information about End-User method of payment and personal details, to the credit or debit card company that issued the card with which End-User made for any purchase.
Your consent in taking responsibilities to protect your end-user privacy in using CMS to the collection and use of End-User information.

Hyper-linked

This CMS may contain hyper-linked to independent third-party website, your website and to information provided on such independent third-party website. These independent third-party websites are provided solely as a convenience to you and other visitors of the Website, and are not under our control whatsoever.
MX is not responsible and does not endorse the content of such independent third-party website, including any content, information or services contained on such independent third-party website, nor is it responsible for any changes or updates to such independent third-party website. You will need to make your own independent judgment regarding your interaction with and use of these independent third-party website, which will be at your risk.
You agree that MX shall not be directly or indirectly responsible or liable for any losses, claims, demands, expenses, damage or loss caused or alleged to be caused by or in connection with your use of CMS or reliance on any content, information or services available on or through any such independent third-party website.



CMS and Services’ Availability

The availability and functionality of the CMS and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. MX DOES NOT WARRANT THAT THE CMS AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.

Change or Termination of Operation

MX reserve the right, without notice, to:

at any time and for any reason and in its discretion

Account Termination

We may limit, suspend or terminate your account and your ability to access the CMS and your use of the CMS or any areas of the CMS, Service or any Content provided on or through the CMS, in our sole discretion, immediately, and limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms. You agree that we shall not be liable to you or any third-party for any limitation, suspension or termination of your access to or use of the CMS, Services or any Content.

You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the CMS or Services through use of a different user name or otherwise.

You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the MX, for which monetary damages would be inadequate, and you consent to the MX obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

If any member of the MX does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of the MX. You agree that we will not be liable to you or to any third-party for termination of your access to the CMS or the Services as a result of any violation of these Terms.

Disclaimers of Warranty

THE CMS, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MX DOES NOT GUARANTEE THAT THE CMS, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE CMS, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE CMS, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. THE MX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CMS, SERVICES AND CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE CMS, SERVICES, CONTENT AND ANY CMS LINKED THERETO. YOUR SOLE REMEDY AGAINST THE MX FOR DISSATISFACTION WITH THE CMS, SERVICES AND/OR CONTENT IS TO STOP USING THE CMS, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Liability

EXCEPT FOR BREACHES OF NEXT SECTIONS (INDEMNITY): (I) NEITHER PARTY, INCLUDING EACH PARTY'S PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY DAMAGES OTHER THAN GENERAL DAMAGES, SUCH AS, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, ARISING OUT OR RESULTING FROM THIS AGREEMENT.

Indemnity

You agrees to indemnify defend, indemnify and hold harmless the MX, and its respective offices, directors, employees and agents, distributors, agents, representatives and other authorized users, and each of the MX entities’ respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's’ fees) incurred by the Indemnified Parties in connection with or arising from:

You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Governing Law

This Terms of Use shall be governed by and construed in accordance with Common law and both parties hereby submit to the exclusive jurisdiction of the courts of Malaysia. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed separate and will not affect the validity and enforceability of any remaining provisions.

General

Please review our General Terms and Conditions which is incorporated into and forms part of this Terms of Use.

These Terms of Use contains all the terms agreed between the parties regarding its subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. MX may revise this Term of Use at any time by updating this posting. By continuing to use the CMS after we have posted changes to the Terms, you agree to be bound by the modified Terms. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

These CMS acceptable use policy we most recently updated on February 7, 2017.