LEGAL

Caction – Caction Sdn. Bhd. (“we,” “us,” “our,” or “The Company”) recognises the importance of privacy and the sensitivity of personal data and information about the registering company (“you”, “yourself”, “your company” or “the Customer”) ("Personal Data") and is committed to the protection of your Personal Data in line with the Personal Data Protection Act 2010.

Caction is sharing this Privacy and Personal Data Protection Policy to highlight your rights under the Personal Data Protection Act 2010 and The Company suggests that you read it thoroughly.

Caction may amend this Privacy Policy at any time by posting a revised version on the Platform. However, an individual notice may or may not be sent to you. You will be deemed to have acknowledged and agreed to the amended Privacy Policy if you continue to use the Platform or any of Caction’s products and/or services. You agree to allow us to access, store, use data according to the needs of the app and share it with your company as the app requires. We will keep your data stored and used for your own company purposes.

We thank you on firstly using the system. The system has various features that will help you increase team productivity and business opportunities, of which can be found listed on the following link: caction.com/features

The Customer will be able to grant employees access to the system and its features as per the agreement. While we provide your company with the system and endeavour to protect all data of users and enable all features as per agreed with your company for usage, your company has the obligation to ensure all invited users are explained transparently on the functionalities of the system that has been enabled to them. The Company will not be held liable for any misuse of the system or any unforseen circumstances. Should any legal liability arise, the Company's liability will be limited to the subscription fees paid by the Customer.

By registering for this system, you agree and understand that the functionalities of the system and responsibilities of how it is used is within the control of your Administrator. Your usage of the system will also be based on the Fair Usage Policy. Caction can change the terms without advance notice.

Collection of Personal Data

You can use and browse the Platform without disclosing your personal data. You are not required to provide personal data as a condition of using the Platform, except as may be necessary to respond to your requests or in cases where you contact Caction directly.

This Privacy and Personal Data Protection Policy is issued to all of Caction’s existing, immediate and prospective clients, contacts and employees pursuant to the Personal Data Protection Act 2010. Caction treats and views your Personal Data seriously.

In the course of your dealings The Company may request that you provide Personal Data to enable Caction to enter into commercial transactions with you or deliver the necessary services and / or notices in connection with rendering Caction’s Services.

These are relevant in connecting with Caction’s business process and execution, services, client relationship, management and business development activities.

The Company collects information only by lawful and fair means, and not in an unreasonably intrusive way.

Wherever possible, The Company collects your Personal Data directly from you at the enquiry stage, registration stage and in the course of your use of The Company’s Services.

Sometimes The Company may obtain information about you from other sources. The Personal Data which may be collected, processed and used by The Company is sourced from sources such as:

1. official registration or application forms (either electronic or printed) for seminars, courses or in-house talks, newsletter subscription or any other promotional events;
2. official request for information forms that are provided to you by The Company’s employees;
3. any queries, emails or any correspondences that The Company has received from you requesting for information or making enquiries;
4. any ‘contact The Company’ forms that you have submitted through The Company’s Platform;
5. any referrals that The Company may have obtained from existing clients, directors, associates, employees, contractors, suppliers or contacts;
6. business cards that were dropped or given to The Company’s directors, associates, employees or contractors;
7. cookies through use of The Company’s Platform;
8. application forms submitted to The Company either physically or online for the purposes of job application;

The personal data The Company collects may include but is not limited to the following information:

1. Name, addresses, telephone numbers, email addresses, fax numbers, mobile numbers, NRIC number, gender, payment information including credit card details, photograph, food preferences for catering purposes, academic results or transcripts for entry requirement checking, referrals information and personal preferences.
2. Other additional information collected in addition to the above for staff and contractors work application purposes includes health status, marital status, details of children, race, previous work history, performance reviews, income, previous employer information, references, tax file identification number, EPF number, SOCSO number and criminal history.
3. Use of The Company’s products.
4. Personal information provided via survey, feedback forms or other marketing research efforts.
5. Personal information provided to customer service representatives to research or resolve issues or answer enquiries or lodge complaints.
6. Personal information collected through cookies such as the date and time you accessed each page on The Company’s Platform, the URL of any webpage from which you accessed The Company’s Platform; and the web browser that you are using and the pages you accessed.
7. Such other relevant information and data to enable The Company to provide you with The Company’s Services.

The Company recognises that you may provide The Company with your Personal Data by completing The Company’s forms or by communicating with The Company in person or by phone, e-mail, fax, short message service, instant messages, written form or otherwise.

Use of Information Collected

The Company uses Data on Caction users to perform the services requested. For example, if you fill out a “Contact Us” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company may also use Data about Caction Users for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events.

Customer Data

Caction’s Users may electronically submit data or information to the Services for hosting and processing purposes (“Customer Data”). Caction will not reveal, share, distribute, or reference any such Customer Data except as required for the services we provide to function and as may be required by law. Caction may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law.

Caction acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by a Caction User and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our User directly. Because Caction personnel have limited ability to access data our customers submit to our Services, if you wish to make your request directly to Caction, please provide the name of the Caction User who submitted your data to our Services. We will refer your request to that User, and will support them as needed in responding to your request within a reasonable timeframe.

1. Terminology

1.1 Service

Service shall mean any avenue utilised to fulfil the business objectives of the Company to the public, where such Service shall include but not be limited to allowing Users within your company to communicate, share information whether in relation to your business information, customer information, chats, geolocation information, other advertising or services on the Platform whether it be images, texts, articles, videos, multimedia and other types.

1.2 Users

Users shall mean anyone who accesses the Platform whether directly or indirectly as well as Users who are registered on the Platform, whether as a “trial member” or “subscribed member”.

1.3 Content

Content shall include but not be limited to the following items: information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials.

1.4 Platform

Platform shall mean any means of accessing Content that this Service is providing including but not limited to mobile app “Caction” website caction.com.

1.5 The Company

Reference to The Company shall include Caction (Co. No.: 900920-T) and Caction Sdn. Bhd. (Co. No.: 900920-T) and parent, holding, subsidiary, affiliated and related companies where relevant and applicable.

1.6 User Reports

User Reports shall mean complaints or reports lodged by Users, Administrators or any party about any misconduct, misuse or offence by other Users in relation to the Platform.

1.7 Administrator

Administrator shall mean The Company or Users elected by the Company to operate and administer the Platform.

1.8 Reviews

Reviews shall mean personal or public opinions, remarks, comments submitted by Users in relation to a particular User or Content.

1.9 Account

Account shall mean the account or profile of Users registered to access this Platform where applicable. Users’ action and activity shall be tracked for purposes of improving the Users’ experience or providing the Platform’s Services.

1.10 Caction Subscription Plans

Caction Subscription Plans shall mean the different subscription plans made available to Users via online or offline subscription and payment.

1.11 Fair Usage Policy

Upon registering with Caction, your company will receive FREE storage of:

1. 10GB Data Storage per user.
2. 1,000 Contacts per user.
3. 5,000 GPS request per user per year.

A reminder will be sent to your administrator when your company is close to the maximum threshold. Caction offers the option for you to:

1. Pay RM50.00 / 10GB / Per Year
2. Pay RM50.00 / 1,000 Contacts / Per Year
3. Pay RM50.00 / 5,000 GPS Request / Per Year

Caction may change these terms at any time without advance notice.

2. Use of Site and Acceptance of Terms

We welcome you to caction.com and its Mobile Application Platform. The Company provides the Services herein stated including the use of this Platform subject to the Terms of Use and Service stated herein. Please read these Terms of Use and Service carefully before entering or logging onto The Company’s Platform or using The Company’s mobile application. By visiting this Platform or using The Company’s mobile application, you have read, understood and agree to be bound by these Terms of Use and Service. The Company reserves the right to update and revise the Terms of Use and Service at its sole discretion from time to time either with or without notice to you, the Users of this Platform. You hereby agree that your continued use of the Service after such update shall constitute your acceptance of and agreement to be bound by the updated Terms of Use and Service.

3. Terms Pertaining to Service

3.1 By registering on our Platform and subscribing to our Service via Caction Subscription Plans, you will be provided with the features as described here where applicable. The provision of Service by The Company is dependent on a User’s subscription validity.

3.2 Caction Subscription Plan Features and Technical Capabilities – The Platform is built for the usage on the World Wide Web and functions based on programming language and computer or mobile operating systems. Users who subscribe to different Caction Subscription Plans shall experience different features. In order for such functionality to be made available, Users are required to have a mobile phone with either Android or iOS operating system that has been updated to the latest Operating System version at least during the past two years.

3.3 Users of the Platform fully and unequivocally understand and agree that the Service is provided on an ‘AS-IS’ basis and that The Company shall assume no responsibility whatsoever for the promptness, deletion, amendment, revision, changes, error in delivery or any failure in relation to the delivery of the Service provided.

4. Users’ Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. Registration

5.1 In order to facilitate full accessibility or use of the Platform, you are required to register for an Account by providing, among others, your name, email address and password.

5.2 You may post content for the use of your online profile. By submitting such content, you represent and warrant that you are authorized to use such content and you thereby grant to The Company the royalty-free right to use the image as the Company deems fit.

5.3 In registering an Account, you shall not:

1. select or use as an Account a name of another person with the intent to impersonate that person;
2. use as an Account a name subject to any rights of a person other than you without appropriateauthorization; or
3. use as an Account a name that is otherwise offensive, vulgar or obscene.
4. use any other name other than your own name e.g. anonymous profiles are not allowed

5.4 The Company reserves the right to refuse registration of, or cancel an Account in The Company’s discretion. You shall be responsible for maintaining the confidentiality of your password.

5.5 The Account is personal to you and cannot be shared with third parties or transferred to third parties under any circumstances.

5.6 All Users are required to comply with the laws of Malaysia. Users must include their individual or company information in their Account including but not limited to situations where required by law or regulations governing their profession or industry. Users who do not provide such information or key in wrong information will risk being fined by the authorities for violating the law. The Company will not be responsible for any claims or liabilities pertaining to this matter.

6. Compliance with the Personal Data Protection Act 2010 and Policy on Privacy

By giving or making available the Registration Data and such other information about yourself to The Company, you agree and acknowledge that The Company may use such information to contact you with communications; materials from third parties and that you give consent to such use (Registration Data will not be released to third parties). You further agree that providing The Company with your Registration Data and/or using the Service, you expressly request to receive and consent to receiving communications and materials from The Company from time to time. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to other countries for storage, processing and use by The Company and its affiliates.

With reference to these Terms of Use and Service, the expression ‘personal data’ shall bear the meaning as defined by the Personal Data Protection Act 2010. The Terms of Use and Service is governed by the Personal Data Protection Act 2010 and all and any applicable laws pertaining to policies on privacy as well as usage of personal data.

6.1 Privacy Policy

The Company recognizes that data protection and privacy are important issues, particularly with regard to the World Wide Web; consequently we take your personal privacy very seriously. The Privacy Policy gives an overview of what information is collected when you access The Company’s Platform and how certain information might be used. The Company adheres to the principle of data protection and privacy and endeavours to implement it within the guidance of current legislation. The information you provide to The Company will be processed in accordance with the provisions of the Personal Data Protection Act 2010 and any other relevant legislation. This data may be used to provide you with further information about relevant Services. It may be held on a mailing list or database for this purpose, unless you object (by notifying The Company in writing); and it may also be passed on to a third party (a ‘data processor’) with whom The Company has formally contracted to process your data for this purpose, subject to the safeguards concerning privacy and security of data set out in the Act. Please read below and our Personal Data Protection Policy for further details.

Accessing our Platform caction.com and our mobile application ‘Caction’. Users are required to register to enjoy the services offered by the mobile application and the Platform. As a User, you will be added to The Company’s mailing list to receive emails about service information, special offers, and promotions from caction.com . Registering as a member also provides consent to The Company to use your personal data and image(s) on The Company’s Platform and its affiliated entities for promotional purposes in any and all media, including without limitation to advertising, solicitation or trade.

6.2 Cookies

“Cookies” are small pieces of information that The Company stores on your computer’s browser or hard drive. The Company uses cookies to track your progress in a course. The Company’s cookies do not collect additional information from your computer’s browser or hard drive. Most browsers allow you the option of preventing cookies from being stored on your computer, though doing so will cause you to lose some benefits of Caction.

6.3 IP addresses and browser type

The Company’s Platform logs your computer’s or your device’s IP address and browser type, but The Company does not link this data to anything that can personally identify you unless you are accessing via a registered Account. This means that a User’s session will be tracked. We log this information so that we can monitor customer traffic patterns and site usage, which help us constantly improve the design and layout of Caction.

6.4 Links to other websites

The Company’s Platform has links to third-party websites and information. While links and information are only added if these are perceived to be of relevance to The Company’s Platform’s Users, The Company does not accept responsibility for their Content.

6.5 Payments

Users agree that by using the Service, a fee may be charged for the Services rendered as calculated and administered by The Company and all payments or fees are not refundable except for deposits where indicated.

7. Code Governing the Conduct of Users and Members of This Website

You fully and unequivocally understand that all content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company bears no responsibility whatsoever for the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous. Under no circumstances will The Company or its licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, disrespectful, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Service or another person’s use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
12. “stalk” or otherwise harass another;
13. commit any fraudulent or unlawful act, whether in relation to any third-party provider of products and services on the Service or otherwise and/or;
14. collect or store personal data about other users in Caction with the prohibited conduct and activities set forth in paragraphs above;
15. to cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Service save with our prior written permission.
16. to harvest or crawl data or information from our platform using mechanical, automated means

You agree that all of your conduct within the Platform shall be professional and ethical.

The Company reserves all its rights to disable any links to any other website in our sole absolute discretion. You acknowledge that The Company may or may not pre-screen Content, but that The Company and its designees shall have the right (but not the obligation) at their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, The Company and its designees shall have the right to remove any Content (whether or not provided by you) that The Company believes in good faith violates the Terms of Use And Service or that has been alleged to infringe any intellectual property or that is otherwise objectionable in The Company’s sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Company or submitted to The Company, including without limitation information in all parts of the Service.

You acknowledge, consent and agree that The Company may in our sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith believes that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to you or your company's requests for customer service; or (e) protect the rights of The Company, property or personal safety as well as those of its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Company and its Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. Specific Provisions Regarding International Use

In recognition of globalized networking via the internet, you unequivocally agree to comply with all local rules regarding online conduct and acceptable conduct. More specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

9. Rights Pertaining to Content Submitted or Made Available for Inclusion on the Service

With regard to the Content which you submit or make available for inclusion on the Service, you agree to grant to The Company and The Company hereby accepts a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable and exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in print and/or in any other format or medium now known or later developed.

10. Contributions

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to The Company, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become The Company’s property without any obligation on The Company’s part to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The Company under any circumstances.

11. Indemnity

You fully and unequivocally agree to indemnify and hold The Company and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable legal or attorneys’ fees, made by any third party due to or arising out of the Service we provide or the Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Use And Service, or your violation of any rights of another or your breach of any applicable law.

12. Prohibition Against Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or non-commercial purposes, any portion of the Service, use of the Service, or access to the Service including all Content such as photographs, advertisements, information, listings and articles posted by others without the formal written consent of the Company and the Users.

13. Limitations and Modifications to Service and Its Use

You acknowledge that The Company may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, maximum number of edits and the maximum number of listings to be posted on the platform at any one time. In particular, but without limiting the foregoing, by using the Service, you hereby consent to The Company’s adoption of the practices as set forth herein in relation to your use of the Service. You agree that The Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that The Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Company reserves the right to modify these general practices and limits from time to time, in its sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination of Registration or Account

You agree that The Company may, under certain circumstances and without prior notice, immediately terminate your Registration or Account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the Terms Of Use And Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your Registration or Account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your Registration or Account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in The Company’s sole discretion and that The Company shall not be liable to you or any third party for any termination of your Registration or Account, any associated email address, or access to the Service.

15. Dealings with Independent Third Parties in Advertising

The Service may also include access to products and services of independent third parties either directly or via links to Platforms operated by such third-party advertisers. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers upon the Service.

16. Links to Other World Wide Web Sites

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. In view of the fact that The Company does not possess any control over such Platforms and resources, you acknowledge and agree that The Company will not be held responsible for the availability of such external Platforms or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Platforms or resources. You further acknowledge and agree that The Company shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such Platform or resource.

17. Proprietary Rights of the Company

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Company or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The Company grants to you a personal, non-transferable and non-exclusive right and license to use this Platform on a single computer where relevant and applicable; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

18. Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Use and Service, there shall be no third-party beneficiaries to this agreement. You however acknowledge that The Company’s licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and The Company’s officers, agents and employees, are, where applicable, intended to be third party beneficiaries of any of the Terms Of Use And Service stated herein. You also acknowledge that The Company’s co-branders and other partners are intended to be third party beneficiaries of the Terms of Use and Service stated herein. You agree that The Company’s licensors, suppliers, vendors, The Company’s parent, holding, subsidiary and related companies, all affiliates, The Company’s officers, agents and employees, and The Company’s co-branders and other partners may each enforce, severally and in their own right, any of the Terms Of Use And Service herein as applicable, and the Contracts Act 1950 shall apply to the Terms Of Use And Service to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.

19. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use and Service.

20. Warranties by Users

20.1 You warrant and represent that you have obtained all the necessary consents, approvals, rights, permission, licences for your listings of the Content posted on this website;

20.2 You warrant that you are a genuine User in your use of the Platform;

20.3 You warrant and represent that your profile is correct, accurate and that you are the actual person stated in the profile and not a third party and you shall not allow third parties to use your access be it upon your device or otherwise. You shall also do everything in your best endeavours to absolutely safeguard your profile and report immediately to The Company if you have lost your access or believe someone has obtained your access without you having granted the person such access.

20.4 You warrant that you will use the data on this Platform for your personal or own company's internal use with no distribution or sharing of the service with third parties. You will refrain from extracting in any manner whatsoever for the purpose of re-marketing or any other form of usage other than that which has been expressly stipulated in this clause without the consent of the Platform.

21. Limitation on Claims Made or Lodged Against the Company

Any claims you make or lodge against The Company shall be strictly limited to the amount of payment that you have made to The Company.

22. Limitation of Liability

You expressly understand and agree that The Company and its parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses [even if The Company or its licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages], resulting from: (i) the Service, the materials and the products; (ii) the use or the inability to use the Service; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Service; (vi) any goods or Services dispose of or messages sent or received using the Service; or (vii) any other matter relating to the Service, the materials or the products. Nothing in these Terms Of Use And Service shall limit its liability or its licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be for death or personal injury resulting from its or their negligence.

23. Disclaimer of Liability for Reliance on Service Provided

The Service is provided for informational purposes only, and no Content included in the Service (such as any financial or calculation tools) is intended for trading or investing purposes nor shall it constitute any specific advice given to you. You agree that you are solely and absolutely responsible for all sale or investment decisions made by you. The Company and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

24. Rights Pertaining to Trademarks, Logos and Service Marks

The Company’s logo, trademarks and service marks and other logos and product and service names are solely The Company’s trademarks and/or those of its licensors, suppliers, vendors, parent or holding company, as the case may be (the Marks"). Without the prior written permission of The Company’s licensor, supplier, vendor, parent or holding company or The Company, as the case may be, you agree not to display or use in any manner the Marks.

25. Miscellaneous Provisions

25.1 The Company shall to its best endeavours try to ensure the accuracy of all information posted upon the Platform and the proper operation and functionality of the Platform however The Company does not warrant at any time and does not guarantee this. You are cautioned that you use this Platform solely at your own risk.

25.2 In the event that you decide to close your Account, any information you have provided to The Company shall remain posted by The Company upon the Platform in the event that you desire to re-use it later.

25.3 You are at liberty to communicate with Users at the Platform through the means made available provided you do not violate any applicable and governing laws in force at the material time or the terms of use of the Platform, however, your communication is not deemed to be private in the sense that The Company is allowed to view it to safeguard the community from action, behaviour, data, intentions that may be deemed to be detrimental to other Users.

26. Entire Agreement

The Terms of Use and Service constitute the entire agreement between the Users and The Company and governs the User’s use of the Service, superseding any prior understandings, statements, representations and agreements between the Users and The Company with respect to the Service.

27. Notice

The Company may provide you with notices, including those regarding changes to the Terms of Use and Service, by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

28. Choice of Law and Forum for Dispute Settlement

The Terms of Use and Service and the relationship between the Users of this Platform and The Company shall be governed by the laws of Malaysia without regard to its conflict of law provisions. The Users and The Company agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

29. Waiver and Severability of Terms

The failure on the part of The Company to exercise or enforce any right or provision of the Terms of Use and Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Use And Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the Terms Of Use And Service shall remain in full force and effect.

30. Confidentiality

30.1 You will not disclose or use what is defined and stated herein as The Company’s Confidential Information.

30.2 “Confidential Information” means any information disclosed or made available to you by The Company, directly or indirectly, whether in writing, orally, through electronic means or visually. It includes but is not limited to all information contained within The Company’s reporting systems and other performance metrics and any other technical or programming information The Company discloses or makes available to you.

30.3 However, Confidential Information does not include information other than information that:

1. is or becomes publicly known and generally available other than through your action or inaction; or
2. was already in your possession (as documented by written records) without confidentiality restrictions before you received it from The Company.

30.4 You acknowledge, consent and agree that The Company may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith and honest belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.

31. Violations

Please report any violations of the Terms of Use and Service to:
admin@caction.com