The following terms and conditions (these “Terms of Use” or “Terms”), govern the User access to and use of our Website, including any content, functionality and services offered on or through abilik.my (the “Website”), by Stay Cool and Comfortable Enterprise (“Abilik”).
Please read the Terms of Use carefully before the User start to use the Website. By using the Website, the User accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Acceptance of Terms
The services that Abilik provides to User are subject to the following the Terms. Abilik reserves the right to update the Terms at any time without notice to User.
1. This Agreement, which incorporates by reference other provisions applicable to use of Website, including, but not limited to, the Terms set forth hereof governing the use of certain specific material contained in Website, sets forth the Terms that apply to use of the Website by User. By using Abilik’s Website and Services it offers including download areas, communication forums and services (collectively “Services”), User agrees to comply with all of the Terms hereof. The right to use the Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
2. Abilik shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Modification of Terms
Abilik shall have the right at any time to change or modify the Terms applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Description of Services
Through its Website, Abilik provides User with access to variety of resources, and services such as listing the User’s property for the purpose of rent/lease, posting User’s requirement for a house/property for rent/lease, etc. The services, including any updates, enhancements, new features, and/or the addition of any new Website, are subject to the Terms.
User Conduct
1. User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User that in Abilik’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with Abilik.
2. Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Trademark and Copyright laws. Abilik owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
3. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Use of Services
The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc,; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed.
Abilik reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. Abilik reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Abilik reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Abilik’s sole discretion.
Users are advised to use caution when giving out any personally identifiable information in any Communication Services. Abilik does not control or endorse the content, messages or information found in any Communication Services, and therefore, Abilik specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Abilik spokespersons, and their views do not necessarily reflect those of Abilik.
Member Account, Password and Security
If any of the Services requires User to open an account, User must complete the registration process by providing Abilik with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and User’s account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Abilik immediately of any unauthorised use of User’s account or any other breach of security. Abilik will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge .However, User could be held liable for losses incurred by Abilik or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Disclaimer regarding Software, Documents and Services available on this Website
In no event shall Abilik and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.
Details provided to Abilik or Posted at any of its Websites
Abilik does not claim ownership of the materials User provides to Abilik (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Abilik and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.
Disclaimer of Warranty; Limitation of Liability
1. User expressly agrees that use of the Website is at User’s Sole risk. Neither Abilik, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the Website, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
2. Website is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
3. 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 unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Abilik is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
4. In addition to the terms set forth above, Abilik, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the Website, or for any other claims or losses arising therefrom or occasioned thereby.
Unsolicited Idea Submission Policy
Abilik or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Abilik’s products or marketing strategies might seem similar to ideas submitted to Abilik. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that Abilik makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Monitoring
Abilik shall have the right but not the obligation, to monitor the content of the Website, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by Abilik and to satisfy any law, regulation or authorised government request. Abilik shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, Abilik shall have the right to remove any material that Abilik in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
User agrees to defend, indemnify and hold harmless Abilik, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Abilik by user or User’s Account.
Termination
Either Abilik or the User may terminate this Agreement at any time. Abilik shall have the right to immediately terminate the User’s Account in the event of any conduct by User which Abilik, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
Intellectual Property
All copyrights and trademarks held by Abilik with respect to its logos and content posted on the Website by Abilik etc are the intellectual properties of Abilik and all rights are reserved on the same.
Force Majeure
Abilik shall not be responsible or liable in any way for failure or delay in performing its obligations under these terms and conditions, when such failure or delay is directly or indirectly due to an act of God, war, threat of war, war-like conditions, hostilities, sanctions, mobilization, blockade, embargo, detention, revolution, riot, looting, striking, lockout, accident, fire, explosion, flood, inability to obtain fuel, power, raw materials, labor, container or transportation facilities, breakage of machinery or apparatus, government order or regulations, or any other cause beyond its reasonable control.
General Terms
These Terms constitute the legal agreement between the User and Abilik and govern your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which Abilik may provide to the User under a separate written agreement), and completely replace any prior agreements between the User and Abilik in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and the User relationship with Abilik under these Terms, shall be governed by the laws of the Malaysia and Courts in the city of Kuala Lumpur shall have jurisdiction.
The User agrees that if a dispute arises between the User and Abilik, Abilik will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, the User must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result within thirty (30) days, such dispute shall be settled by arbitration in accordance with Arbitration Rules. The number of arbitrators shall be one. The arbitration proceedings shall be held at city of Kuala Lumpur and in English language.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Abilik may assign its rights under this Agreement without notice to the User. The User agrees that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action arose.
