ACKNOWLEDGEMENT

CDC WEBSITE IS OWNED, OPERATED AND MANAGED BY COMMERCE DOT COM SDN BHD.  

BY USING CDC WEBSITE OR COMMUNICATING WITH CDC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM. 

CDC may change and/or amend these Terms and Conditions at any time by notifying you of the change and/or amendment by posting a notice on CDC Website or by e-mail or any other way as CDC deems fit. Unless stated otherwise, any change and/or amendment takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms and Conditions. By you continuing to access CDC Website from the date on which the Terms and Conditions are changed and/or amended, you agree to be bound by the changed and/or amended terms. 

If you do not accept these Terms and Conditions, please immediately discontinue to proceed any further on the CDC Website.

1.0       Definitions

In these terms and conditions, the following expressions shall have the following meanings, unless the context otherwise requires:

“CDC”

 

means Commerce Dot Com Sdn Bhd (Company Registration No.: 199901011595 (486495-V)) and shall include all its agents, appointees and/or representatives, whichever applicable.

 

 “Content”

 

means any or all particular content or application in respect of the particular or any sound, text, articles, editorial(s), news, tutorial(s), tip(s), suggestion(s), graphic(s), photograph(s), video, or other audio-visual representation, audio, headline(s), abstract(s), HTML tag(s) and/or data or information relating to any subject and/or advertisements or embedded software provided or made available by CDC which is capable of being created, manipulated, stored, retrieved or communicated electronically for delivery to you.

 

“Website”

 

means CDC website at https://www.commercedc.com.my/ and/or any other website as designed by CDC from time to time with prior notice to you.

 

“Party” or “Parties”

means individually refer to you or CDC for “Party” and both you and CDC shall be collectively referred to as “Parties”.

 

“Terms and Conditions”

 

means these terms titled Terms and Conditions and/or any other terms and conditions, policies and procedures as may be imposed, published, varied or modified by CDC in accordance to these Terms and Conditions.

 

“You” or “Your”

means the person, which includes but not limited to natural person, a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in force.

 

2.0       Content & Material

All intellectual property rights in all the materials contained in the CDC Website, the software, and products available for download from CDC Website and the Content including but not limited to trademarks, trade names, logos, copyright, and database right belong to CDC. You may access and view the Content and may retrieve and display Content from CDC Website on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store such Content in electronic form on your computer’s local hard-disk for your personal, non-commercial use only.

Without prejudice to the above, you agree not to reproduce, display, copy, distribute, publish, use or otherwise provide access to the Content on another website or server, including but not limited to, through framing, mirroring, linking, spidering, scraping or any other technologies means (including any technology available in the future), without the prior written permission of CDC. No part of these Content and material may be copied, distributed, reproduced, published, or used without CDC prior written consent.

3.0       Warranty & Liability

Each of the Parties warrant to the other that:

  1. (a) it has the legal right and authority to enter into these Terms and Conditions, and to perform its obligations under these Terms and Conditions; and
  2. (b) it will comply with all applicable legal and regulatory requirements applying to the exercise of its rights and the fulfilment of its obligations under these Terms and Conditions.

CDC shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your using this CDC Website.

For the purposes of this clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions. 

4.0       Limitations & Exclusions of Liability

CDC shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by you or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmers.

CDC shall not be liable for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of CDC Website or for whatsoever reason under these Terms and Conditions.

Notwithstanding with anything to the contrary contained in these Terms and Conditions, the maximum liability of CDC shall not exceed in aggregate the sum of Ringgit Malaysia Three Thousand (RM 3, 000.00) only.

5.0       Indemnities

You agree to fully indemnify and hold CDC harmless, its affiliates, officers, employees, directors, owners, agents, service providers, information providers, licensors and licensees, successors, and assigns (collectively, the "Indemnitees") from and against any claim, action, proceeding, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from:

  1. (a) your breach of these Terms and Conditions;
  2. (b) any action taken by CDC either as part of CDC’s investigation of any suspected breach of these Terms and Conditions or as a result of CDC’s finding or decision that a breach of these Terms and Conditions has occurred; and
  3. (c) your breach of any rights of any other person.

You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. CDC reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you. This clause shall survive the termination or expiration of these Terms and Conditions (howsoever caused).

6.0       Intellectual Property Rights

All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in CDC Website are the property of CDC and where applicable, third-party proprietors identified in the CDC Website. No right or licence is granted directly or indirectly to any party accessing CDC Website to use or reproduce any Intellectual Property, and no party accessing CDC Website shall claim any right, title or interest therein. By using or accessing CDC Website, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect CDC Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of CDC Website or its Content.

All Intellectual Property Rights in, CDC Website and all underlying systems is and remains CDC property (and CDC licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights or database content from CDC to you.

7.0       Confidentiality

For the purpose of this clause, “Confidential Information” means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to, or which may have come to the knowledge of the Parties and/or pursuant to these Terms and Conditions and/or any information in respect of the security arrangements between CDC and you under these Terms and Conditions. Your Confidential Information shall not include information which:

  1. (a) is in the public domain at the time of disclosure or later enters the public domain through no fault of CDC, and/or
  2. (b) is received by us from a third party not associated and/or related to you; and/or
  3. (c) is presently known to CDC; and/or
  4. (d) is required to be disclosed by law, judicial or administrative process or by governmental authority; and/or
  5. (e) with your written consent including the personal data which are consented to by you pursuant to the clauses herein.

You covenant with CDC that you shall keep all of CDC’s Confidential Information in confidentiality and shall not divulge or disclose CDC’s Confidential Information for its or any third party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of these Terms and Conditions.

You hereby irrevocably and unconditionally acknowledge and agrees that you shall not use any information or content or any parts thereof (whether in its original or adapted form) received, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third party without CDC prior written consent.

8.0       General

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

9.0       Governing Law & Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties irrevocably submit to the non-exclusive jurisdictions of the Courts of Malaysia.

 

Security Disclaimer

 

10.0     Personal Data

By providing your personal data, you hereby acknowledge, agree and consent that CDC shall be entitled to collect, record, hold, store, use and disclose your personal information for purposes which are necessary or related to the provision of Service by CDC according to CDC’s Privacy Policy (https://www.commercedc.com.my/index.php/cdcprivacypolicy) and the Personal Data Protection Act 2010 (“PDPA”). 

You warrant to CDC that your data when used by CDC in accordance with this Terms and Conditions will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute, or regulation, in any jurisdiction and under any applicable law. 

CDC also encourage you to read CDC’s Personal Data Protection Act 2010 Notice at https://www.commercedc.com.my/index.php/cdcpdpa for a better understanding the manner in which CDC will use your personal data and your rights over your data.

11.0     Data Security

CDC endeavours to take all reasonable steps to protect your personal information. All the data collected by CDC are stored in a secure server. The secure server software encrypts all information you input before it is sent to CDC.

All practical steps will be taken to ensure that personal data will not be kept longer than necessary and that CDC will comply with all relevant statutory and regulatory requirements in Malaysia concerning the retention of personally identifiable information.

12.0     Monitoring System

For security purposes and to ensure that CDC Website of remains available to you, CDC use a special software program for monitoring all the access into different functions of the website and identify any unauthorized attempts to access, upload or change information, or otherwise to cause damage to CDC’s server system. These programs collect no information that directly identify individuals, but they do collect information that could help CDC identifies someone attempting to tamper with CDC Website.

If you use CDC Website, you should take note that all activities may be monitored and recorded. By using CDC Website, you expressly consent to such monitoring and recording.

 

13.0     Information from email you send

If you decide to send CDC an e-mail, in which you may include some specific personally-identifying information or Confidential Information in your e-mail because you want CDC to address issues specific to your situation, CDC may use that information in responding to your request. Anyhow, e-mail is not totally secured against interception. Please send only information necessary to help CDC to process your request.

14.0     Disclaimer

You expressly agree that the use of CDC Website are at your own sole risk. Neither of you and CDC, its affiliates nor any of their respective employees, representatives, agents or third parties content providers warrant that CDC Website will be uninterrupted or error free; nor do you and CDC make any warranty as to the results that may be obtained from the use of CDC Website, or as to the timeliness, sequence, accuracy, reliability, or completeness on content of any information or service provided. Additionally, there are no warranties as to the results obtained from the use of the information.

The materials and information in CDC Website, including but not limited to information, data, text, graphics, audio, video, links, or other items, are provided by CDC on an “as is” and “as available” basis. CDC does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, timeliness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of CDC Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to alteration of, or use of record, whether for breach of contract, negligence or under any other cause of action. The use of this CDC Website specifically acknowledges that CDC is not liable for the defamatory, offensive, or illegal conduct of to the users or third parties and that the risk of injury from the foregoing rests entirely with user.

15.0     Questions & Feedback

Should you also have any questions or feedback concerning the Terms and Conditions, please do not hesitate to contact CDC at the specified contact details as below:

Commerce Dot Com Sdn Bhd
Address: Ground Floor, Wisma Commercedocom, No.15 Jalan Tandang, 46050 Petaling Jaya, Selangor
E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it