Terms of Website Use

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TERMS OF USE EFFECTIVE AS OF 3rd JULY 2017

These Terms of Use(“Terms”) outlines terms and governs the conditions regarding an individual’s and/or business entity’s (“you” or “your”) use of this website www.brandxcess.com(“the Site”). Brandxcess, a proprietary asset of Vivaki (Malaysia) Sdn Bhd (Co. No. 567356-M) is operated by Eleven Pound Sdn Bhd (Co. No. 1053261-H)

The terms “Brandxcess” or “We” or “Us” or “Our” will be used interchangeably in this agreement as reference to Vivaki (Malaysia) Sdn Bhd and/or Eleven Pound Sdn Bhd.

By using, accessing or browsing the Site and product(s)(“Services”), you are indicating your acknowledgment and acceptance of these Terms. These Terms do not apply to third-party websites to which the Site may link save as otherwise provided herein.

Your use of the Sites is subject to these Terms and any stipulated Terms & Conditions put forth on the Site. These Terms may be amended from time to time at our absolute discretion without prior notification. The updated version of the Terms will be publish on the Site and it is your responsibility to access the Site at regular time intervals to view the Terms.

If you disagree with these Terms, you may at your sole discretion discontinue accessing or using the Site.

License to use website

Unless otherwise stated, Vivaki (Malaysia) Sdn. Bhd. owns the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.

You may view and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
  • sell, rent or sub-license, redistribute material from the Site;
  • show any material from the Site in public; or
  • edit or otherwise modify any material on the Site

Acceptable use & restricted access

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Access to certain areas of the Site is restricted. We reserves the right to restrict access to [other] areas of the Site at our discretion.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, ransomware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Brandxcess’s express written consent.

You must not use the Site for any purposes related to marketing without our express written consent.

If Brandxcess provides you with a user ID and password to enable you to access restricted areas of the Site and/or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation if you are found to be engaging in suspicious activity which may jeopardise the use of the Site.

User content

In these terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Brandxcess or a third party (in each case under any applicable law).

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

All user content must comply with the prevailing advertising regulations of the country and respective states. Inclusion of the national language, Bahasa Malaysia is compulsory and applicable to all states. All digital screens are not audible.

Your user content must be submitted for relevant authorities’ approval at least 12 working days before campaign start date.

We will not be held liable should the result of your user content does not befit the inventory’s ration due to your negligence for not adhering to the given specification.

We reserves the right not to compromise and compensate loss of airtime should the delay come from excessive revision of your user content’s artwork and/or late submission surpassing deadline which causes the delay in relevant authorities’ approvals and/or other unforeseen circumstances.

Brandxcess reserves the right to edit or remove any material submitted to the Site, or stored on the Site’s servers, or hosted or published upon the Site.

Brandxcess reserves the right to reject advertisers that may be / are in conflict of interest with the nature of business where the premise of screens are located.

No warranties

We do not warrant the accuracy, timeliness, performance, effectiveness, completeness or suitability of the information and materials found, posted or offered on the Site for any particular purpose. You acknowledge that such information and materials are presented “AS IS” and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We are not responsible, and provide no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third party sites. Except as otherwise provided on the Site, we will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Site. Such information should, therefore, be considered as suspect and is not endorsed by Brandxcess.

We reserve the right to temporarily suspend the normal working of the Site for maintenance and upgrading purposes. We disclaim any loss of revenue, actual or anticipated, suffered by you due to such suspension of the Site.

We may terminate the Site for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.

Nothing on the Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or advertising matter you should consult an appropriate professional.

Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set out in the Site are reasonable.

You agree that the Terms describe the entire agreement between you and Brandxcess with respect to its subject matter.

If you do not think they are reasonable, you must not use the Site.

Unenforceable provisions

If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.

Indemnity

You agree to indemnify and hold us and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claim or demand, including reasonable solicitors’ fees, or arising out of or related to your breach of the Terms, or your violation of any law or the rights of a third party. Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of Malaysia.

Breaches of these terms and conditions

Without prejudice to Brandxcess’s other rights under these terms and conditions, if you breach the Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

BrandXcess may revise the Terms from time-to-time. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of the terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

The terms will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of JURISDICTION.

Confidentiality

You shall hold any proprietary information received in connection with the Site and Brandxcess, in the strictest of confidence and shall use your best efforts to protect such proprietary information from exposure to third parties. You shall not use, abstract, copy or summarize this proprietary information. In the event of breach, the violating party shall not be allowed to participate in future Brandxcess transactions. We are not liable for any breach of confidential information by either party.

Payment Information

Payment account details will be shared to you via email. We accept payment by way of Interbank GIRO (IBG) or Cash Deposit via ATM to Brandxcess’s Current Account.

Limitation of Liability

Brandxcess does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through the Site. Reliance on these materials, information and opinions is solely at your own risk. We disclaim any liability for injury or damages resulting from the use of the Site, or the content contained thereon.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the use of the Site and its terms.

Governing Law/Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Malaysia.

WE RESERVE THE RIGHT TO UPDATE THESE TERMS AND ANY OTHER CONDITIONS PUT FORTH WITHIN THE SITE WITHOUT PRIOR NOTICE.