Terms of Servicecrowdfundtalks.com (“Site”) is owned and operated by Modalku Ventures Sdn Bhd ("Funding Societies"). These terms and conditions create a contract between you and Funding Societies (“Agreement”). This Agreement governs your use of Funding Societies’ services on this Site (“Services”) and by your access of this Site, and/or usage of the Services, you accept and agree to be bound by the following terms and conditions ("Terms of Service") and our Privacy Notice which is available at [insert URL].
You hereby represent and warrant that: (i) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Service and you are either; accessing this Site, using the Services and contracting in your own personal capacity; or accessing this Site, using the Services and contracting on behalf of a corporate entity;(ii) you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms of Service; and (iii) all of the information provided by you to Funding Societies (including without limitation personal particulars and contact information) is accurate and complete.
1. Changes to Terms of Service
Funding Societies may from time to time vary or amend the Terms of Service by posting the amended Terms of Service at this Site. Any use of the Services after the amendment of the Terms of Service will be deemed to be an acceptance of the amended Terms of Service by you. If you do not agree to the amended Terms of Service, you have the right to close your Account and/or cease using the Services.
2. Changes to Services
Funding Societies reserves the right to change, modify, suspend or discontinue in whole or in part of the Services or the Site at any time. Funding Societies may also impose limits on certain features or restrict your access in whole or in part of the Services or the Site without notice or liability.
Using our Services requires your registration of an account on the Site. As part of the registration process, you will be asked to select a username and password and you hereby agree and accept that you are responsible for all activities occurring under your username and for keeping your password secure.
4. Use of Materials
The contents within the Services are protected by copyright and other laws in Malaysia. The Services include both contents owned or controlled by Funding Societies as well as contents owned or controlled by third parties and licensed to Funding Societies (collectively, the "Materials"). You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Funding Societies. Special rules may apply to the use of certain software and other items provided via the Services and are noted where appropriate. If you would like information about obtaining Funding Societies' permission to use any of the Materials on your website, please contact us.
RESPONSIBILITIES OF USER
You understand that all data, text, information, links and other content (collectively, "Content"), whether posted in public or restricted forums, is the sole responsibility of the person from which such Content originated. This means that you, and not Funding Societies, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Funding Societies be liable in any way for any Content, including, but not limited to, for any errors or omissions in whole or in part of any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content Posted. You understand that the technical processing and transmission of the Services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
FUNDING SOCIETIES' RIGHTS
You acknowledge that Funding Societies does not pre-screen, control, edit or endorse Content made available through the Services and Funding Societies has no obligation to monitor the Content Posted via the Services. If Funding Societies discovers Content that does not appear to conform to the Terms of Service, Funding Societies may investigate and determine in good faith and in its sole discretion whether to remove the Content. You acknowledge and agree that the Content or Post shall be used, accepted and relied upon only with care and discretion at your own risk and Funding Societies shall not be responsible for any loss, damage, or liability incurred by you arising from such use, acceptance or reliance. You acknowledge that certain forums are available only through the Services and others are available both through the Services and other sources, such as Usenet, over which Funding Societies has absolutely no control of.
CONTENT REMOVAL AND ARCHIVING
You may request removal of Content that you have Posted yourself or prevent archival of your Content.. You agree to resolve directly and exclusively with any third parties of any disputes you may have about the Content that you or the third parties have Posted or you may contact Funding Societies to request a removal of the same. In this regard, you understand that Funding Societies does not monitor or control the Content Posted by others, and instead simply provides a medium via the Services by allowing users to access information that has been made available.
6. Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the Services and for any consequences thereof. You agree to use the Services only to Post and receive Content and Materials that are legal, proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Post any inappropriate, defamatory, infringing, obscene, or unlawful Content; submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Funding Societies; Post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted; Post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by Funding Societies, use the Services for any illegal or unauthorized purpose; download any file Posted by another user of a Forum that you know, or reasonably should know, that cannot be legally distributed in such manner; remove any copyright, trademark or other proprietary rights notices contained in or on the Services; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; restrict or inhibit any other user from using and enjoying the Services; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose; create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any forum or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to Singapore or your country of residence. While Funding Societies prohibits such conduct and Content in connection with the Services, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Services at your own risk. In no circumstances shall Funding Societies be liable to you for any loss, damage, or liability incurred by you, arising from the exposure to such conduct and/or Content.
7. Proprietary Rights
FUNDING SOCIETIES’ RIGHTS
Funding Societies and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Funding Societies, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Funding Societies’ proprietaryrights in the Services.
Funding Societies claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Services, you grant Funding Societies and its assignees, appointees and agents a worldwide, non-exclusive, royalty-free authority, rights and license to reproduce, adapt and publish such Content. Funding Societies reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Services or any other pages, websites or platform. Funding Societies reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Services and use that Content in connection with other services offered by Funding Societies.
DIGITAL MILLENNIUM COPYRIGHT ACT
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
8. General Practices Regarding Use and Storage
You agree that Funding Societies has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Services. You acknowledge that Funding Societies has set no fixed upper limit on the number of transmissions you may send or receive through the Services or the amount of storage space used. However, Funding Societies retains the right, at its sole and absolute discretion, to create limits at any time with or without notice.
The Services may provide, or any third parties may provide, links to other World Wide Web sites or resources. As Funding Societies has no control over such sites and resources, you acknowledge and agree that Funding Societies shall not be held liable or responsible for the availability of such external sites or resources and does not endorse and shall not be held liable or responsible for any content on or available from such sites or resources. You further acknowledge and agree that Funding Societies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access and use of or reliance on any such content available on or through any such site or resource.
crowdfundtalks.com may display advertisements and promotions on the Services. The manner, mode and extent of advertising displayed by Funding Societies on the Services are subject to change. You agree that Funding Societies shall not be held responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or advertisements on the Services.
11. User Privacy
By using the Services, you agree to the terms of the Privacy Notice, as it may be changed from time to time. Funding Societies will provide you notice of any significant changes by placing a link on the crowdfundtalks.com home page or by email. You understand and agree that Funding Societies may access, preserve, and disclose your personal information and the contents of your account in order to provide the Services or if required to do so by law or such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Funding Societies, its affiliates or the public. Personal information collected by Funding Societies may be stored and processed in Malaysia or any other country in which Funding Societies or its agents maintain facilities. By using the Services, you also consent to any such transfer of information outside of your country. For a full description of how Funding Societies maintains the personal information you provide, please see our Privacy Notice.
12. Disclaimer of Warranties
Funding Societies and its affiliates, licensors, partners, suppliers, consultants and agents ("Funding Societies Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Services. The Content do not purport and shall not in any way be deemed to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified professional or expert to obtain any advice and verification of the Content before acting on the Content displayed on the Services. The Content made available are not intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the Content listed or referred to on the Services. The Funding Societies Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Services. The Service, and all content, information (including, without limitation, any information or content obtained or accessed through the service), products and services included therein are provided "as is," with no warranties whatsoever. The Funding Societies entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Funding Societies from and against any third party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages, suits, judgments, legal fees, of every kind and nature. in such a case, Funding Societies will provide you with written notice of such claim, suit or action.
14. Limitation of Liability
The Content made available on this Site are of a general nature which intended to be for your general information only and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified professional or expert to obtain any advice and verification of the content before acting on the Content. The Content made available are not intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the Content listed or referred to on this Site. Under no circumstances shall Funding Societies be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service, whether or not Funding Societies has been advised of the possibility of such damages. You hereby acknowledge that Funding Societies is not an agent, reseller or distributor of, and has no control over third party products on the Site. Any arrangement or agreement made between you and any third party named on or linked to from this Site is at your sole risk and responsibility. You should at all times use, accept and rely upon such Content with care and discretion at your own risk and you hereby acknowledge that Funding Societies shall not be responsible for any loss, damage or liability incurred by you arising from such use, acceptance and reliance. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the service, from inability to use the service, or from the interruption, suspension, or termination of the service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
15. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting us. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
Funding Societies may provide you with notices regarding the Service or these Terms of Service by email or postings to this Site. For the avoidance of doubt, Funding Societies do not endorse any Content published or transmitted on this Site or through the Services.
17. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of Singapore, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Singapore. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Funding Societies be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Funding Societies with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.