We, MRC Ventures Pte Ltd (“the Company”) are pleased to provide you, the Users (as defined below) with access to our network of websites and related services which are listed on *** wherever distributed on the internet on these terms and conditions.
Block Tree Club
A. The Company publishes or makes available on the Company Network information, advertisements, product and service offers, Software, and links and other contents supplied by the Company and third parties (“Material”). The Company does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Company Network or on any web site that links from the Company Network (including third party display advertisements).
B. The Company does not and cannot provide any warranty in relation to any goods or services advertised for sale on the Company Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
The Agreement and the Services
The terms and conditions of use as set out herein below govern the use of the Company’ services offered and available on this website and any other services offered and available in the Company Network (“the Site”). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (“the Agreement”), as well as those terms and conditions incorporated by reference and/or implication.
The Company shall have the right to modify, update or amend the terms of the Agreement at any time by announcing the same at the Site. If the User continues to use the Site and/or services provided by the Company on the Site (“the Services”) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
The User may either be an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any goods for sale on the Site, and the expression “Users” shall mean more than one User.
‘Individual’ – The Services are available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law.
‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
Responsibilities of the User
- The User is personally responsible for his/her use of the Site and/or Services.
- The User uses the Site and/or the Services at his/her own risk.
- The User uses the Site and/or the Services at his/her own risk.
- The User is solely responsible for the accuracy of the information provided on the Site.
Use of Site Contents
The Company grants the User a limited license to access and make use of the Site’s content (“Site Contents”) and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of the Company.
This license does not include:
Other than for the purposes for which the Services are intended, the Site or any portion of the Site Contents or any portion of the Site or site content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
- Any downloading or copying of account information for the benefit of another website; or
- any collection and use of any product listings, descriptions, or prices; or
- any collection and use of any product listings, descriptions, or prices; or
- any use of data mining, robots, or similar data gathering and extraction tools.
The User may not use any Meta tags or any other “hidden text” utilizing the Site’s name or trademarks without the express written consent of the Company.
The User may not use any of the Company’ logo or other proprietary graphic or trademark forming part of the Site without express written permission.
Any unauthorized use immediately terminates the permission or license granted by the Company.
Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, its products or Services, or the Site in a false, misleading, derogatory, or otherwise offensive matter. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the Site without the Company’ express written consent.
Restrictions of content and use of software services
- When the User gives the Site and/or the Company content, the User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights the User has in the content, in any media known now or in the future.
- The Company has the right but not the obligation to monitor and edit or remove any activity or content.
- Any software (“Software”) used in and for the Site, including but not limited to HTML code, and/or mobile application (including but not limited to iOS and Android app), that is made available to download, is owned by the Company and/or its suppliers.
- Use by the User of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The User acknowledges that it must agree to the terms of the License Agreement before using the Software
- If there is no License Agreement, the Company grants to the User a personal, nontransferable license to use the Software for viewing and otherwise using the Company Network in accordance with these terms and conditions, and for no other purpose.
- The User may not do any of the following while accessing or using the Services:
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by the Company(and only pursuant to those terms and conditions), unless the User has been specifically allowed to do so in a separate agreement with the Company;
- access, tamper with, or use non-public areas of the Services, the Company’ computer systems, or the technical delivery systems of the Company’ providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of contents in such a manner as to interfere with or create an undue burden on the Services.
- use any automated process of any sort to query, access, retrieve, scrape, datamine or copy any Material on the Company Network or generate or compile any document, index or database based on the Material published on the Company Network to forge any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
- The User is responsible for maintaining the confidentiality of the User’s account and password and for restricting access to the User’s devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Site and its contents. The User agrees to accept responsibility for all activities that occur under the User’s account or password.
- In order to access the Site, the User is required to provide current, accurate identification, contact, and other information (‘User Information’) as part of the account registration process and/or continued usage of the Site offered by the Company and its subsidiaries or affiliated companies. “User Information” referred to hereinabove also includes but is not limited to any information provided by the User to the Company or to other Users.
- The Company reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in the Company’ sole discretion.
Personal Data Protection
Chrome, Firefox, Internet Explorer, Safari
Cookies allow a User to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any User. Only information provided voluntarily is stored, but this information is not personally identifiable.
A cookie is a small data file that is written to a User’s hard drive when the User visits certain websites. Cookie files contain certain information, such as a random number user ID that the Site assign to a visitor to track the pages visited. The only information a cookie can contain is information that User’s supply themselves. A cookie cannot read data off a User’s hard disk or read cookie files created by other websites.
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside the Company’ control.
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
Termination and Suspension
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement
Links to Third Party Websites
The Site may contain links and/or references to other websites (‘Third Party Websites’). The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
Inclusion of and/or reference to any links or internet addresses on the Site do not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his/her own risk.
The Site’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Malaysia and/or other countries.
All other trademarks not owned by the Company that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
All contents included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of the Company and/or its content suppliers and protected by all applicable copyright laws.
The compilation of all contents on the Site are the exclusive property of the Company and protected by all applicable copyright laws.
When the User visits the Site or sends e-mails to the Company, the User is communicating with the Company electronically. The User consents to receive communications from the Company electronically.
The Company may communicate with the User by email, SMS or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to User electronically satisfy any legal requirement that such communications be in writing.
Exclusion of Liabilities
To the full extent allowed by applicable law, in no event shall the Company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
- any loss of goodwill or reputation; or
- any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
- any liability at common law; or
- other Users’ content, actions or inactions, or goods that the other Users list; or
- the quality, safety, suitability or legality of goods advertised, the truth or accuracy of Users’ content or listings, the ability of sellers to sell such goods, the ability of buyers to pay for such goods, or that a buyer or seller will actually complete a transaction; or
- any bugs, viruses, Trojan horses, attack, interference, hacking, or other security intrusion or the like which may be transmitted to or through the Site or by any third party; or
- any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
- in any other way.
The Company is not involved in the actual transaction between buyers and sellers. The Company does not transfer legal ownership of goods from the seller to the buyer, and nothing in this Agreement shall modify the local jurisdiction, under which legal ownership of an item is transferred when the parties (i.e., seller and buyer) intend to transfer such legal ownership.
Advertisements and Promotions
The Company runs advertisements and promotions. By using the Site, the User agrees that the Company has the right to run such advertisements and promotions on the Site. The manner, mode and extent of advertising by the Company are subject to change.
The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser.
The User agrees 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 on the Site.
The User at all times agrees and undertakes to fully indemnify, hold harmless and defend the Company, subsidiaries, associated companies, directors, officers, employees, servants, assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to, arising out of, resulting from or in relation to the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its affiliates, subsidiaries, associated companies, directors, officers, employees, servants, , agents to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
The terms and conditions herein, the User Agreement and our Personal Data Protection Notice (collectively, the “Terms”) are the entire and exclusive agreement between the Company and the User regarding the Services (excluding any services for which the User have a separate agreement with the Company that is explicitly in addition or in place of the Terms), and the Terms supersede and replace any prior agreements between the Company and the User regarding the Services. Other than members of the group of companies of which [the Company] is a member, no other person or company will be third party beneficiaries to the Terms.
- Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
- Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. The Company does not guarantee that action will be taken against all breaches of the Agreement.
- If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
- The User and the Company are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
- The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
- Words importing one gender shall include any other gender unless stated otherwise.
We may revise the Terms from time to time; the most current version can always be found at (AGREEMENT LINK). The Company recommends Users to review the Terms periodically to be aware of such modifications. By continuing to access or use the Site and its Services after those revisions / modifications become effective, Users agree to be bound by the revised Terms of this Agreement.
The following Sections survive any termination of the Agreement: Release, Use of Site Contents, Exclusion of Liabilities, Indemnity and Variation of the User Agreement