THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND THE USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREIN BY CREATIVE ADVANCES TECHNOLOGY (CAT) AND ITS SUBSIDIARIES. BY ACCESSING ANY PAGE OF THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
FROM TIME TO TIME, WE MAY NEED TO REVISE THESE TERMS AND CONDITIONS, IN WHICH CASE WE WILL POST THE REVISED TERMS AND CONDITIONS ON THIS WEBSITE. IF YOU CHOOSE TO CONTINUE USING THIS WEBSITE AFTER ANY REVISION TO THESE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS ACCORDINGLY. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES. BELOW, PLEASE FIND THE MOST RECENT REVISION OF OUR TERMS AND CONDITIONS.
This Service, and each of its modules, together with the arrangement and compilation of the content found on this Service, is the copyrighted property of CAT and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Service (collectively, the "Trademarks") are registered and common law Trademarks of CAT, its affiliates, and various third parties. Nothing contained on this Service should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of CAT, or such other party that may own the Trademarks.
WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. CAT assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or in downloading of any materials, data, text or images from the site.
EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
Use of Site
CAT grants you limits to use this Service in accordance with the terms and conditions of this User Agreement. This Service and the content provided in this Service, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CAT, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this Service for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a programme, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Service, in any case without the prior written permission of CAT. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Service to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service. You agree that you will not take any action that imposes a burden or load on our infrastructure that CAT deems in its sole discretion to be unreasonable or disproportionate to the benefits CAT obtains from your use of the Service.
Unauthorised use of this Service and/or the materials contained on this Service may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Service.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using this Service and for any consequences thereof. CAT reserves the right to pre-screen, flag, filter, refuse, move or disable any Content, web site, account, database, or other component that is offensive, indecent, objectionable or does not comply with these terms, at our sole discretion and without notice. CAT also reserves the right to make any such modifications in an emergency at our sole discretion.
You shall effect and maintain adequate back up data in respect of any loss or damage to Content stored on this Service. You agree that CAT has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted through the Service. It is therefore strongly advised to backup all of your Content on a regular basis depending on how often you update your Content or Service.
Age and Responsibility
If you use this Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Service and to create binding legal obligations for any liability you may incur as a result of the use of this Service. You understand that you are financially responsible for all uses of this Service by you and those using your login information.
Support service is delivered within support response time by telephone or mail dependant on problem and urgency. Support service is only available during CAT standard working hours from Monday to Friday, 9.00am to 6.00pm (GMT +08:00), excluding weekends and observed Malaysian Holidays.
Exclusion of Warranty
CAT and any third party providers and distributors make no warranty of any kind regarding this Service and/or any materials provided on this Service, all of which are provided on an "as is" basis. CAT and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither CAT nor any third party providers or distributors warrant that this Service, its servers or any e-mail sent from CAT are free of viruses or other harmful components.
Limitation of Liability
CAT assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Service or in downloading of any materials, data, text or images from the Service. In no event shall CAT or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Service or Content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this Service for reservations or ticketing), or (iii) the performance or non performance by CAT or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, CAT or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Service or its content, the liability of CAT and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this Service, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to CAT and without any liability whatsoever, CAT at any time and without notice may terminate or restrict your access to any component of this Service.
You shall defend and indemnify CAT and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Service.
This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive jurisdiction of the courts of Malaysia, in all questions and controversies arising out of your use of this Service and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Service must be brought within one (1) year from the date on which such claim or action arose or accrued.
If CAT or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary solicitor's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to CAT as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that CAT shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by CAT in obtaining such an injunction, including, without limitation, reasonable solicitor's fees. You agree that no bond or other security shall be required in connection with such injunction.
CAT may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Service or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which CAT and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to CAT and its third party providers or distributors, as applicable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
CAT may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
Additional terms and conditions may apply to reservations, and other uses of portions of this Service, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Service.