Terms and Conditions
1. Access and use
By viewing, accessing and using the Services, you agree to be bound by this Terms of Use.
We are entitled, from time to time, to vary, add to or otherwise amend this Terms of Use or any part thereof without any liability. Please visit this Website periodically to determine any changes. The prevailing Terms of Use will be updated on our Website, which will apply and supersede all previous versions. Continued use of the Services following any changes constitutes an acceptance of those changes. If you do not accept this Terms of Use (including any changes), please discontinue your access to the Services.
2. Your Use of the Services
You are solely responsible for all acts or omissions that occur when using the Services. You equally agree to be bound by Shockee’s Terms of Use. You are solely responsible for the content which you post or transmit through the Online Services and you acknowledge that Shockee are only the conduit for posting, distribution and transmission of data. You agree that:
- Your use of the Services will only be for lawful purposes and not for any purpose against public interest, public order or national harmony and is in accordance with this Terms of Use;
- All Content, products or services transmitted or made available via the Services, are the sole responsibility of the person from which such Content, products or services originated;
- You are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;
- You will not use the Websites in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- You will notify Shockee immediately of any unauthorised use or any other breach of security;
- You will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation;
- You will not make or attempt any illegal or unauthorised access to any part or component of the Website, the network or any third party equipment, accounts, systems or networks directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity);
- You will not use the Website for any fraudulent, illegal or improper purposes or activities or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to the Website or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, including advertising, facilitating, soliciting or otherwise engaging in ponzi schemes, pyramid schemes, denial of service attacks, pinging and mailbombing, fraudulently charging credit cards or pirating software;
- The Website involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. Shockee will not be liable to you if you suffer loss or damage as a result of the information not being secure;
- You will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Website.
You are required to provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us, including but not limited to any changes in address and/or contact particulars.
2. Shockee Rights
Shockee may refuse, remove, modify or deny access to any Content, products or services which you transmit or make available via the Website or on any website, including without limitation such Content, products or services that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights. We shall not be responsible for determining the validity of any allegations in this regard.
Shockee may deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you.
Shockee does not guarantee that you will have access to the Website at all times. You may experience interruptions and Shockee will not be liable to you if you suffer loss or damage as a result of these interruptions.
Shockee may establish general practices and limits concerning use of this Website, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Website, in a given period of time.
Shockee reserves the right to investigate potential abuses and/or any abuse pursuant to your use of the Website. You are required to fully cooperate with any of Shockee’ investigations in respect of these matters.
Any violation of the Terms of Use warrants immediate termination of your use of the Account.
3. Copyright and Trademark Notice
The Contents in the Website are protected by copyright, trademarks and/or other intellectual property rights and other relevant laws of Malaysia. You may view the Website and use its Content for personal and non-commercial purposes. Any Content on the Website may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without Shockee’ prior written consent. You may not, without Shockee’ prior written consent, insert a hyperlink (or any part thereof) on any other websites.
You may not frame or utilise framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Shockee without express consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to Shockee without express consent of Shockee.
No license or rights are granted to you and your access or use of the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without Shockee’ prior written consent.
The compilation (including but not limited to the collection, arrangement, and assembly) of all Content on the Website is the exclusive property of Shockee and protected by copyright.
4. Personal Information
You confirm that you have read and consent to the processing of your personal information in accordance with the Shockee Privacy Policy Notice set out in Shockee’ website.
5. Breach of Term, Termination and/or Suspension
Shockee reserves the rights to restrict, suspend or terminate your account or your access to the Website.
Nothing contained in this Terms of Use shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
Shockee reserves the right to modify for any reason whatsoever or suspend or terminate (temporarily or permanently) the Website at any time and from time to time with or without notice. You agree that Shockee shall not be liable to you or to any other party for such modification, suspension or termination of the account.
Any breach or attempted breach to compromise Shockee’ and/or any other party’s network security is prohibited and may result in criminal and/or civil liability.
6. Password Confidentiality
You may be required to enter your password every time you access you Shockee Account. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication, whether authorised by you or not. You undertake to observe all security measures prescribed by Shockee concerning your password or generally in respect of the access and use of the Platform. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform Shockee immediately after becoming aware of the same and you will proceed to change your password.
Shockee shall not be liable for any loss or damage which you and/or any third party suffers or may suffer as a result of instructions or transactions transmitted via the Website after successful usage of your password whether or not such usage was authorized by you.
You shall keep Shockee fully indemnified against all loss or damage which Shockee suffers or may suffer in connection, whether directly or indirectly, with usage of your password whether by you or any third party, authorized or otherwise.
Shockee reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. Shockee shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
Shockee reserves the right to discontinue the password accessing system with respect to the Services at any time, without prior notice. Shockee shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.
7. Disclaimer
The Services (including the information, names, images, pictures, logos and icons regarding or relating to Shockee, its products and services or to third party products and services (if any)) is provided on an "as is" and "as available" basis and Shockee makes no express or implied representation or warranties in relation to the Services, any property or information in or any transaction performed through the Services including but not limited to:
- All warranties of safety, legality, merchantability, satisfaction, fitness for purpose, title, non-infringement and compatibility of the Services;
- The security, availability, accessibility, timeliness, error-free and uninterrupted use of the Services;
- The truth and accuracy of the Content or subsequent modifications thereto;
- The actions and omissions of users whether occurred on or outside the Services; any deletion, non-delivery or failure to store any user communications or personalised settings;
- The inability to use the Services or inability to receive any messages received or transactions entered through the Services;
- The accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be corrected;
- Any implied warranty arising from the course of dealing or trade; and
- Any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Shockee.
To the full extent permitted by law, Shockee disclaims any and all such warranties.