Terms of Use

Acceptance of Terms of Use.

BY YOUR USE OF THE SITE YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS TERMS OF USE (“TERMS OF USE”) WITH RESPECT TO THE ACCESS AND USE OF WWW.LEGALCOMMERCE.COM.MY (“SITE”). This Terms of Use constitutes the entire and only agreement between Legal Commerce Sdn. Bhd. (formerly known as Engravity Sdn. Bhd.) (“LegalCommerce”) and you (“you”, “your”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, the information, products, services or software applications provided by or through the Site, and the subject matter of this Terms of Use (save where specified otherwise in the Site). This Terms of Use may be amended, updated or replaced by LegalCommerce at any time from time to time without specific notice or reference to you. You are bound by any such revisions, modifications, variations or replacements and should therefore periodically visit this page to review the then current terms and conditions to which you are bound. Use of the Site shall also indicate your consent to conduct all matters or transactions (commercial or otherwise) electronically via the Site. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT USE OR ACCESS THE SITE.

Intellectual Property Rights.

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be copied, used or distributed in any way without the written permission of LegalCommerce, except as provided in this Terms of Use or in the text on the Site. LegalCommerce neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with LegalCommerce. Images of people or places displayed on the Site are either the property of, or used with permission by, LegalCommerce. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by this Terms of Use or specific permission is provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, trade names, logos and icons (collectively “Trademarks”) displayed on the Site are registered and unregistered Trademarks of LegalCommerce and others. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Site without the written permission of LegalCommerce or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Terms of Use, is strictly prohibited.

Limited Right to Use.

Subject to the Intellectual Property Rights above, the viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive, non-perpetual license for use solely by you for your own PERSONAL USE and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

In addition to any other conditions or restrictions herein, you agree that:

You shall not use the Site (or any content, information, products, services or software applications

thereunder) for any illegal or unlawful purpose or where otherwise prohibited under law.

You shall not modify, copy, distribute, transmit, use or otherwise deal with any of the (or any content, information, products, services or software applications thereunder) of the Site unless expressly allowed herein.
You shall not use the Site (or any content, information, products, services or software applications thereunder) in any manner which could damage, disable, corrupt or impair the Site or the hardware and software system, security protocols, information and content, service provider networks or other operations.
You shall not post, send or transmit any unauthorised content on to or through the Site including without limitation, content that: -
unlawful, vulgar, obscene, libelous, invasive of another’s privacy, abusive or otherwise objectionable;
“junkmail”, “spam”, “chain letters” or any other form of unauthorised materials; and
contains software viruses or any file or program that may interrupt, disable, corrupt or impair the Site or the hardware and software system, security protocols, information and content, service provider networks or other operations in any manner.

Your use of the Site may also be restricted to certain sections designated by LegalCommerce which may vary from time to time at LegalCommerce’s sole and absolute discretion. Restricted sections of the Site shall only become available to you upon your acceptance of the terms and conditions governing the use of the aforesaid sections.

Editing, Deleting and Modification.

LegalCommerce reserves the right in its sole discretion to edit, replace or delete any documents, information or other content appearing on the Site at any time from time to time.

Indemnification.

You agree that in no event shall LegalCommerce be liable to any third party for your breach or alleged breach of any of the terms and conditions set forth in this Terms of Use. You agree to indemnify, defend and hold LegalCommerce and its partners, attorneys, staff, servants, agents and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys fees, related to your violation, whether directly or indirectly, intentionally or otherwise, of this Terms of Use or use of the Site.

Disclaimer and Limits.

The information and materials contained in the Site, including but not limited to content, information, products, services, software applications, data, texts, graphics, audios, videos, links or other items are provided “as is” and “as available” basis and without warranty of any kind. LegalCommerce disclaims all warranties, express or implied, as to any matter whatsoever relating to the Site, any content and information, products, services, software applications and other materials provided herein, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights to the fullest extent permitted by law. LegalCommerce does not warrant the accuracy, adequacy or completeness of any content and information, products, services, software applications and other materials in the Site and expressly disclaims liability for errors or omissions in such content and information, products, services, software applications and materials. Unless otherwise required by law, no warranty is given that access to any content and information, products, services, software applications and materials on the Site, or the Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected and further, no warranty is given that the Site or any content and information, products, services, software applications and other materials are free from any virus or other malicious, destructive or corrupting code, agent, program or macros.

The Site may be linked to other web sites which are not maintained by LegalCommerce. Such links are provided for your convenience and reference only and the inclusion of any hyperlink to any other web site is not an endorsement or verification by LegalCommerce of such web site, its contents or its sponsoring organisation, and such web site should only be accessed at your own risks. Because LegalCommerce has no control over such sites, you acknowledge and agree that LegalCommerce is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any information and materials on or available from such sites.

Exclusion of Liability.

LegalCommerce shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, consequential or punitive damages or economic loss arising from or in connection with:

any access, use or the inability to access or use the Site, or reliance on the contents of the Site;
any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus;
any use of or access to any other web site linked to the Site;
any content, information, products, services, software applications or other materials obtained from the Site or from any other web site linked to the Site, howsoever caused, including negligence, even if LegalCommerce or its employees or authorised representatives have been advised of the possibility of such damages, losses and/or expenses. This exclusion clause shall take effect to the fullest extent permitted by law.

Use of Information.

LegalCommerce reserves the right, and you authorise LegalCommerce, to the use and assignment of all information regarding Site uses by you and all information provided by you or relating to you subject to the privacy policy below.

Privacy Policy.

For more information, see LegalCommerce’s full privacy policy annexed to the Site. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of the information to Malaysia and/or other countries for storage, processing and use by LegalCommerce and its Affiliated Parties.

Projections and Forward-looking Statements.

The information provided with, through or as a result of the use of the Site may include statements concerning LegalCommerce’s operations, prospects, strategies, financial condition, future economic performance and demand for LegalCommerce’s products or services, as well as LegalCommerce’s intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond LegalCommerce’s control.

Miscellaneous.

This Terms of Use shall be treated as though it were executed and performed in Malaysia, and shall be governed by and construed in accordance with the laws of Malaysia (without regard to conflict of law principles). The language in this Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Terms of Use shall be brought solely in Malaysia. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. LegalCommerce’s failure to enforce any provision of this Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. You assume all responsibility in ensuring compliance with all laws and regulations in the use of the Site. This Terms of Use shall continue to be valid notwithstanding any changes in LegalCommerce whether in name, style, constitution or composition.

EFFECTIVE DATE AND MODIFICATION

This Terms of Use is effective as of May 21, 2010.