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TERMS AND CONDITIONS
DESCRIPTION
Registration can be affected as provided hereunder. The terms and conditions contained herein and the amendments thereto shall govern the subscription and use of means the provision of space in KiddyTrack Sdn. Bhd. (950369-A) or any expansion and/or improvement thereof (hereinafter referred to as "the Service").
Registration will be affected when you sign the registration form and return the same to KiddyTrack Sdn Bhd (hereinafter referred to as "KiddyTrack"). Once registration is effected, you will be bound by the Terms and Conditions. Please read these terms and conditions carefully
APPLICATION FOR SUBSCRIPTION OF THE SERVICE
1.Upon submission of completed registration form, the Customer hereby acknowledges his agreement to be bound by the Terms and Conditions and any amendment thereof.
2.The Customer warrants that he has the legal capacity to enter into this Agreement and is not a minor.
3.The Customer is required to submit accurate, current and complete information on himself for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.
DEFINITIONS AND INTERPRETATION
"Customer" means person(s) registered and subscribed to the Service.
"Statement of Account" means any statement or bills or invoices issued from time to time by KiddyTrack, to the Customer in respect of any claim for fees, charges, expenses and damages due and payable by the Customer under these Terms and Conditions.
"KiddyTrack" means services, owned, deployed and provided by KiddyTrack that enables customers to store and backup data online to a designated web site on subscription basis.
Words and expressions denoting the singular include plural numbers and word and expressions denoting the plural shall include the singular number unless the context otherwise requires.
The expression "him" or any other expressions appear herein shall be deemed to include the masculine, feminine and plural thereof where the context so admits.
The words "you" and "your" appearing in these Terms and Conditions refer to "Customer" and may be used interchangeably with the word "Customer" throughout the Terms and Conditions.
COMMENCEMENT OF SERVICE
The Agreement becomes effective upon approval of the Customer's application by KiddyTrack. The Service shall commence on the date of commissioning of the Service as specified in the Service commencement notice.
AMENDMENTS OR VARIATIONS
KiddyTrack reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any modification is effective immediately upon either posting on the KiddyTrack's Web Site, currently located at URL: http://www.KiddyTrack.com or its replacement to be determined by KiddyTrack, or by a message from KiddyTrack sent by electronic mail to the address supplied by the customer. If any modification to these Terms and Conditions is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use the Service, following notice of any modification to these Terms and Conditions, your continued use will mean that you have accepted that modification.
ACCOUNTS AND PASSWORDS
You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with these Terms and Conditions by all users of that account. The Service account may not be transferred without prior written approval from KiddyTrack. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Service until you notify KiddyTrack customer service at 03-80601048 or any other number that may be provided by KiddyTrack from time to time.
ASSIGNMENT AND RESALE
You may not resell the Service to any other party. You may not assign any of your rights or obligations hereunder without the prior written consent of KiddyTrack and any such attempted assignment will be void. Subject to the above, these Terms and Conditions will be binding upon the parties' respective successors and permitted assigns. The Customer hereby agrees that KiddyTrack may, in its sole discretion, assign the rights, liabilities and obligations under this Agreement to a third party of KiddyTrack's choice under KiddyTrack's group of companies.
CHARGES
1.The Customer is responsible for and agrees to pay all charges arising out of the use of the Service. All charge rates are exclusive of any taxes, which are or may be applicable. All payment shall be in Malaysia Currency.
2.Full payment fee of the charges shall be due upon receipt of KiddyTrack's invoice or bill which is available to customer via posted invoice or bill. All payments received from the Customer will not be refunded.
3.In the event that the amount stated in KiddyTrack's invoice or any part thereof remains unpaid after the due date, KiddyTrack reserves the right to charge interest on the sum that remains unpaid as aforesaid at the rate specified in KiddyTrack's bill from the due date to the date of settlement.
4.The Customer hereby acknowledges that the non-receipt of Statement of Account, bill, statement or any correspondence in relation to the Service subscribed is not a valid reason for the Customer to hold back or delay any outstanding payment for the Service.
NO REFUND OF PAYMENT
1.If Customer terminates the Service, the subscription fee duly paid will not be refunded.
2.If Customer downgrades his package plan, no adjustment will be made to the current subscription fee and the new subscription fee shall be effective for the following subscription cycle.
DURATION
1.Customer agrees to a minimum contract period of subscription, effective from the commencement of Service as specified in the Service commencement notice.
2.The payment will automatically charged to customer account after contract period for as long as the Service remain in operation, unless and until terminated in writing by either Party in accordance with the provision stated herein.
TAXES
KiddyTrack shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the Customer or from its Web Site. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold through its Web Site. Customer should also warrant that they have the relevant license(s) to offer such Service, if any.
MATERIALS AND PRODUCTS
KiddyTrack will exercise no control whatsoever over the content of the information passing through the Service. KiddyTrack makes no warranty or representation of any kind, whether expressed or implied for the Service it is providing. KiddyTrack also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damage that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of the Service is at the Customer's own risk, and KiddyTrack specifically denies any responsibility for the accuracy or quality of information obtained through the Service. Connection speed represents the speed of a connection and does not represent guarantees of available end-to-end bandwidth.
TERMINATION
Either Party may terminate the Service by giving fourteen (14) days prior written notice to the other Party. KiddyTrack will not accept termination of Service by electronic mail or over the telephone. Notwithstanding the above, KiddyTrack may terminate the Service at any time, with penalty RM380, if the Customer fails to comply with these Terms and Conditions, including non-payment. KiddyTrack reserves the right to charge a reinstatement fee. The provision herein shall not prejudice KiddyTrack's rights and remedies available under these Terms and Conditions or at law.
NO WARRANTY
The Service is provided on an "as is" basis. KiddyTrack makes no warranty of any kind, either expressed or implied, including, but not limited to, warranty of accuracy and expressly disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness for a particular purpose.
LAWFUL PURPOSE
Customer may only use the Service for lawful purpose. Transmission of any material in violation of any international, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. Customer also warrants that it has the right to use any applicable trademark, which is featured in its Web Site.
INDEMNIFICATION
The Customer agrees that it shall defend, indemnify, save and hold KiddyTrack harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against KiddyTrack, its agents, customers, servants, officers and/or employees, that may arise or resulting from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KiddyTrack against, without limitation:
i. Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service;
ii. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, or any laws;
iii. Copyright infringement and
iv. Any defective product which the Customer sold on the Service.
CONFIDENTIALITY
KiddyTrack shall not be responsible in assuring confidentiality of the information and materials transmitted via the Service. Any transmission of confidential information via the Service shall be at the Customer's own risk and KiddyTrack shall not be held liable. Except with the prior written consent of KiddyTrack, the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the provision and performance of the Service.
COMPLIANCE WITH APPLICABLE LAWS
The Customer shall comply with and not to contravene all applicable laws of Malaysia relating to the Service including but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by- laws, rules and regulations issued by relevant Government Bodies and/or Authorities.
SEVERABILITY
If at any time any provision, condition or term stipulated in this Agreement is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating in any manner the remaining provisions thereof.
LICENSE EASEMENT AND OTHERS
If at any time KiddyTrack shall be unable or not agreeable to obtain or maintain any licenses, easement or permission required for the purpose of building or maintaining the Service, KiddyTrack may, by notice in writingfor the said purpose, terminate the Service and the Customer shall not be entitled to claim any payment or compensation.
FORCE MAJEURE
KiddyTrack shall not be liable for its breach in any of the terms and conditions of this Agreement arising from the natural disaster, rebellion or civil commotion, war or military operation, emergency, government action, any industrial action, fire, lightning, explosion, flood, heavy or inclement weather, acts or deeds of person or group not commissioned by KiddyTrack or other causes of its kind or otherwise beyond the control or power of KiddyTrack.
WAIVER
Any failure, delay or indulgence of KiddyTrack to enforce any terms, conditions or provisions of this Agreement shall not be construed as a waiver of any of KiddyTrack's right or as affecting the legality or validity of all or any part of this Agreement or the right of KiddyTrack to take action later.
NOTICE / STATEMENT OF ACCOUNT
Any notice or Statement of Accounts certified by any of KiddyTrack's authorized officers which may be given or forwarded to the Customer for the Service shall be deemed to be properly delivered if it is left at the Customer's premises at the address as given by the Customer or if it is sent by ordinary post to the said address or sent via e-mail to the address notified by the Customer.
Any notice to be given to KiddyTrack by the Customer shall be sent by registered post or legible facsimile to be followed by confirmation in writing to the address and number as stated below or any other address that may be informed by KiddyTrack to the Customer from time to time:
KiddyTrack Sdn Bhd,
27-2, Jalan Puteri 7/9, Bandar Puteri Puchong, 47100 Puchong, Selangor Darul Ehsan, Malaysia.
Tel/Fax no. : 03-8060 1048
Registration can be affected as provided hereunder. The terms and conditions contained herein and the amendments thereto shall govern the subscription and use of means the provision of space in KiddyTrack Sdn. Bhd. (950369-A) or any expansion and/or improvement thereof (hereinafter referred to as "the Service").
Registration will be affected when you sign the registration form and return the same to KiddyTrack Sdn Bhd (hereinafter referred to as "KiddyTrack"). Once registration is effected, you will be bound by the Terms and Conditions. Please read these terms and conditions carefully
APPLICATION FOR SUBSCRIPTION OF THE SERVICE
1.Upon submission of completed registration form, the Customer hereby acknowledges his agreement to be bound by the Terms and Conditions and any amendment thereof.
2.The Customer warrants that he has the legal capacity to enter into this Agreement and is not a minor.
3.The Customer is required to submit accurate, current and complete information on himself for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.
DEFINITIONS AND INTERPRETATION
"Customer" means person(s) registered and subscribed to the Service.
"Statement of Account" means any statement or bills or invoices issued from time to time by KiddyTrack, to the Customer in respect of any claim for fees, charges, expenses and damages due and payable by the Customer under these Terms and Conditions.
"KiddyTrack" means services, owned, deployed and provided by KiddyTrack that enables customers to store and backup data online to a designated web site on subscription basis.
Words and expressions denoting the singular include plural numbers and word and expressions denoting the plural shall include the singular number unless the context otherwise requires.
The expression "him" or any other expressions appear herein shall be deemed to include the masculine, feminine and plural thereof where the context so admits.
The words "you" and "your" appearing in these Terms and Conditions refer to "Customer" and may be used interchangeably with the word "Customer" throughout the Terms and Conditions.
COMMENCEMENT OF SERVICE
The Agreement becomes effective upon approval of the Customer's application by KiddyTrack. The Service shall commence on the date of commissioning of the Service as specified in the Service commencement notice.
AMENDMENTS OR VARIATIONS
KiddyTrack reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any modification is effective immediately upon either posting on the KiddyTrack's Web Site, currently located at URL: http://www.KiddyTrack.com or its replacement to be determined by KiddyTrack, or by a message from KiddyTrack sent by electronic mail to the address supplied by the customer. If any modification to these Terms and Conditions is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use the Service, following notice of any modification to these Terms and Conditions, your continued use will mean that you have accepted that modification.
ACCOUNTS AND PASSWORDS
You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with these Terms and Conditions by all users of that account. The Service account may not be transferred without prior written approval from KiddyTrack. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Service until you notify KiddyTrack customer service at 03-80601048 or any other number that may be provided by KiddyTrack from time to time.
ASSIGNMENT AND RESALE
You may not resell the Service to any other party. You may not assign any of your rights or obligations hereunder without the prior written consent of KiddyTrack and any such attempted assignment will be void. Subject to the above, these Terms and Conditions will be binding upon the parties' respective successors and permitted assigns. The Customer hereby agrees that KiddyTrack may, in its sole discretion, assign the rights, liabilities and obligations under this Agreement to a third party of KiddyTrack's choice under KiddyTrack's group of companies.
CHARGES
1.The Customer is responsible for and agrees to pay all charges arising out of the use of the Service. All charge rates are exclusive of any taxes, which are or may be applicable. All payment shall be in Malaysia Currency.
2.Full payment fee of the charges shall be due upon receipt of KiddyTrack's invoice or bill which is available to customer via posted invoice or bill. All payments received from the Customer will not be refunded.
3.In the event that the amount stated in KiddyTrack's invoice or any part thereof remains unpaid after the due date, KiddyTrack reserves the right to charge interest on the sum that remains unpaid as aforesaid at the rate specified in KiddyTrack's bill from the due date to the date of settlement.
4.The Customer hereby acknowledges that the non-receipt of Statement of Account, bill, statement or any correspondence in relation to the Service subscribed is not a valid reason for the Customer to hold back or delay any outstanding payment for the Service.
NO REFUND OF PAYMENT
1.If Customer terminates the Service, the subscription fee duly paid will not be refunded.
2.If Customer downgrades his package plan, no adjustment will be made to the current subscription fee and the new subscription fee shall be effective for the following subscription cycle.
DURATION
1.Customer agrees to a minimum contract period of subscription, effective from the commencement of Service as specified in the Service commencement notice.
2.The payment will automatically charged to customer account after contract period for as long as the Service remain in operation, unless and until terminated in writing by either Party in accordance with the provision stated herein.
TAXES
KiddyTrack shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the Customer or from its Web Site. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold through its Web Site. Customer should also warrant that they have the relevant license(s) to offer such Service, if any.
MATERIALS AND PRODUCTS
KiddyTrack will exercise no control whatsoever over the content of the information passing through the Service. KiddyTrack makes no warranty or representation of any kind, whether expressed or implied for the Service it is providing. KiddyTrack also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damage that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of the Service is at the Customer's own risk, and KiddyTrack specifically denies any responsibility for the accuracy or quality of information obtained through the Service. Connection speed represents the speed of a connection and does not represent guarantees of available end-to-end bandwidth.
TERMINATION
Either Party may terminate the Service by giving fourteen (14) days prior written notice to the other Party. KiddyTrack will not accept termination of Service by electronic mail or over the telephone. Notwithstanding the above, KiddyTrack may terminate the Service at any time, with penalty RM380, if the Customer fails to comply with these Terms and Conditions, including non-payment. KiddyTrack reserves the right to charge a reinstatement fee. The provision herein shall not prejudice KiddyTrack's rights and remedies available under these Terms and Conditions or at law.
NO WARRANTY
The Service is provided on an "as is" basis. KiddyTrack makes no warranty of any kind, either expressed or implied, including, but not limited to, warranty of accuracy and expressly disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness for a particular purpose.
LAWFUL PURPOSE
Customer may only use the Service for lawful purpose. Transmission of any material in violation of any international, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. Customer also warrants that it has the right to use any applicable trademark, which is featured in its Web Site.
INDEMNIFICATION
The Customer agrees that it shall defend, indemnify, save and hold KiddyTrack harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against KiddyTrack, its agents, customers, servants, officers and/or employees, that may arise or resulting from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KiddyTrack against, without limitation:
i. Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service;
ii. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, or any laws;
iii. Copyright infringement and
iv. Any defective product which the Customer sold on the Service.
CONFIDENTIALITY
KiddyTrack shall not be responsible in assuring confidentiality of the information and materials transmitted via the Service. Any transmission of confidential information via the Service shall be at the Customer's own risk and KiddyTrack shall not be held liable. Except with the prior written consent of KiddyTrack, the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the provision and performance of the Service.
COMPLIANCE WITH APPLICABLE LAWS
The Customer shall comply with and not to contravene all applicable laws of Malaysia relating to the Service including but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by- laws, rules and regulations issued by relevant Government Bodies and/or Authorities.
SEVERABILITY
If at any time any provision, condition or term stipulated in this Agreement is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating in any manner the remaining provisions thereof.
LICENSE EASEMENT AND OTHERS
If at any time KiddyTrack shall be unable or not agreeable to obtain or maintain any licenses, easement or permission required for the purpose of building or maintaining the Service, KiddyTrack may, by notice in writingfor the said purpose, terminate the Service and the Customer shall not be entitled to claim any payment or compensation.
FORCE MAJEURE
KiddyTrack shall not be liable for its breach in any of the terms and conditions of this Agreement arising from the natural disaster, rebellion or civil commotion, war or military operation, emergency, government action, any industrial action, fire, lightning, explosion, flood, heavy or inclement weather, acts or deeds of person or group not commissioned by KiddyTrack or other causes of its kind or otherwise beyond the control or power of KiddyTrack.
WAIVER
Any failure, delay or indulgence of KiddyTrack to enforce any terms, conditions or provisions of this Agreement shall not be construed as a waiver of any of KiddyTrack's right or as affecting the legality or validity of all or any part of this Agreement or the right of KiddyTrack to take action later.
NOTICE / STATEMENT OF ACCOUNT
Any notice or Statement of Accounts certified by any of KiddyTrack's authorized officers which may be given or forwarded to the Customer for the Service shall be deemed to be properly delivered if it is left at the Customer's premises at the address as given by the Customer or if it is sent by ordinary post to the said address or sent via e-mail to the address notified by the Customer.
Any notice to be given to KiddyTrack by the Customer shall be sent by registered post or legible facsimile to be followed by confirmation in writing to the address and number as stated below or any other address that may be informed by KiddyTrack to the Customer from time to time:
KiddyTrack Sdn Bhd,
27-2, Jalan Puteri 7/9, Bandar Puteri Puchong, 47100 Puchong, Selangor Darul Ehsan, Malaysia.
Tel/Fax no. : 03-8060 1048
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