ACCEPTANCE OF TERMS
Scala Motion Services operates an online service on the Internet located at http://tenderdb.com and other online areas owned and operated by us such as Facebook and mobile phone applications (“TenderDB” or the “Site”), offering Tender Notification Services.
Conditional Use Of Our Site And Services
Your permission to use TenderDB is conditioned upon your agreement that you:
Non-Confidentiality And Security
Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by TenderDB. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.
Please review our Privacy & Policy to understand our uses and practices about how we use and collect information from users of our Sites.
Rules Regarding Information And Other Content
Information and materials that you submit to the Site constitute TenderDB’s “Content”. You are fully responsible for the content of, and any harm resulting from, that Content. This is the case regardless of the form of said Content. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, TenderDB has the right (though not the obligation) to (i) refuse or remove any content that, in TenderDBreasonable opinion, violates any TenderDB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, using TenderDBsole discretion. TenderDB will have no obligation to provide a refund of any amounts previously paid.
General Rules Of User Conduct
We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any of the following:
TenderDB provides consumers with the opportunity to purchase products and services (“Products”) from third party suppliers (“Suppliers”).
1. How It Works
By placing an order for a given Product, you make an offer to purchase the Product you have selected. Once you have placed your order, you will receive a confirmation of the purchase and your credit card will be charged for the amount listed on the Site. You are required to create an account in order to purchase any Product. An account is required so we can collect information to enable product purchases and enable you to view your past purchases as well as modify your preferences.
2. TenderDB Points
TenderDB Points are a form of TenderDB currency that may be applied as a credit towards future TenderDB purchases. You earn TenderDB points when you make purchases on the Site (RM1 = 1 point).
TenderDB Points expire six (6) months after the date of issuance or purchase, except where otherwise stated and communicated clearly and where expiration is prohibited by law. TenderDB Points that were purchased will be applied toward future TenderDB purchases before earned TenderDB Points, even if the earned TenderDB Points expire first. Additionally, all TenderDB Points, whether purchased or earned, may only be applied towards purchases that are in the same currency as the earned or gifted TenderDB Points. TenderDB Points are not returnable or refundable for cash, except where required by law. Resale of TenderDB Points is strictly prohibited.
3. Universal Terms & Conditions
Unless otherwise stated in the Product description or required by law, the following additional terms apply to all Products:
4. Supplier Responsibility
TenderDB acts an as agent in selling Products on behalf of our Suppliers, but the Supplier remains the issuer of the Product. As issuer of the Product, the Supplier shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Supplier or its products and services.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Products or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules using our sole discretion, and you hereby agree to our interpretation.
6. Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. TenderDB reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Product for any product or service to a person residing in any jurisdiction or geographical area. TenderDB does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
We will provide a refund in the form of TenderDB Credits if a product you have purchased is found to be faulty or damaged upon arrival. Requests for a refund must be submitted to [email protected] within 14 days of receipt of the item.
Disclaimers Of Warranty
The Website is provided “as is”, “as available” and “with all faults”. TenderDB and its Suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of supplier ability, fitness for a particular purpose and non-infringement. Neither TenderDB nor its Suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitations Of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF TENDERDB. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless TenderDB, its parent company, officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Reservation Of Rights And Release
TenderDB reserves the right, but has no obligation, to monitor, or take any action TenderDB deems appropriate regarding disputes that you may have with other customers of ours or any Suppliers. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Suppliers.
The TenderDB site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our web site is the exclusive property of TenderDB and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the TenderDB site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
As TenderDB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TenderDB.com violates your copyright, you are encouraged to notify TenderDB immediately. TenderDB will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TenderDB or others, TenderDB may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, TenderDB will have no obligation to provide a refund of any amounts previously paid to TenderDB.
When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.
Entire Agreement, Changes To This Agreement And Waivers
Governing Law And Dispute Resolution
The Site is controlled by TenderDB from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia.
Notwithstanding the foregoing, you or TenderDB may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You and any persons you represent (on the one hand) and TenderDB and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.