TERMS OF SERVICE
Welcome to the buyEV platform (the "Site"). Please read the following Terms of Service and all
other terms and conditions and policies pertaining to the use of the Site and/or the Services
(collectively referred to as “buyEV Terms and Conditions”) carefully before using this Site or
opening a buyEV account ("Account") so that you are aware of your legal rights and obligations
with respect to OpenSys Technologies Sdn Bhd and its affiliates and subsidiaries (individually
and collectively, "OpenSys", "we", "us" or "our"). The "Services" we provide or make available
- the Site,
- the services provided by the Site, and
- all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content").
- The Services include an online platform service that provides a place and opportunity for the sale of goods between the purchaser (“you” or “User”) and OpenSys (collectively “Parties”). OpenSys may or may not pre-screen you or the Content or information provided by you. OpenSys reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. OpenSys cannot ensure that Users will actually complete a transaction.
- Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Statement linked hereto.
- OpenSys reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. OpenSys may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. OpenSys may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
- OpenSys reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason. BY USING OPENSYS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. If you DO NOT AGREE to these Terms, please DO NOT USE our Services or access the Site. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the Applicable Laws in Malaysia (the “Legal Age”), you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to the Terms of this Agreement. If you do not know whether you have reached the Legal Age, or do not understand this section, please DO NOT create an Account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the Terms of this Agreement on the minor's behalf and you will be responsible for all use of the Account or Services using such Account, whether such Account is currently open or created later.
- All the information (including the price) contained on the Site constitutes only an invitation to treat and not an offer by us to sell or supply any product or service. By placing an order via the Site, you are making an offer to us to purchase the products that you have selected on the Site based on these terms and conditions.
- You agree that the products purchased from the Site are for personal use only. You may not sell or resell any of the products. We reserve the right to reject orders for large quantities.
- Welcome to the buyEV platform (the "Site"). Please read the following Terms of Service and all other terms and conditions and policies pertaining to the use of the Site and/or the Services (collectively referred to as “buyEV Terms and Conditions”) carefully before using this Site or opening a buyEV account ("Account") so that you are aware of your legal rights and obligations with respect to OpenSys Technologies Sdn Bhd and its affiliates and subsidiaries (individually and collectively, "OpenSys", "we", "us" or "our"). The "Services" we provide or make available include :
- Your privacy is very important to us at OpenSys. To better protect your rights we have provided
the buyEV Privacy Statement to explain our privacy practices in detail. Please review the
Privacy Statement to understand how OpenSys collects and uses the information associated with
your Account and/or your use of the Services. By using the Services or providing information on
the Site, you:
- consent to OpenSys's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Statement;
- agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and OpenSys; and
- shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without OpenSys’s prior written consent.
- Your privacy is very important to us at OpenSys. To better protect your rights we have provided the buyEV Privacy Statement to explain our privacy practices in detail. Please review the Privacy Statement to understand how OpenSys collects and uses the information associated with your Account and/or your use of the Services. By using the Services or providing information on the Site, you:
- LIMITED LICENSE
- OpenSys grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of OpenSys and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
- You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with OpenSys. You acknowledge that OpenSys may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice
- Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. We reserves all rights to the software not expressly granted by us hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by OpenSys.
- ACCOUNTS AND SECURITY
- Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that OpenSys, in its sole discretion, finds offensive or inappropriate, OpenSys has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. OpenSys has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Statement, may also apply to your use of those products, websites or services.
- You agree to :
- keep your password confidential and use only your User ID and password when logging in,
- ensure that you log out from your account at the end of each session on the Site,
- immediately notify OpenSys of any unauthorised use of your Account, User ID and/or password, and
- ensure that your Account information is accurate and up-to-date.
- You agree that OpenSys may for any reason, in its sole discretion and with or without notice or
liability to you or any third party, immediately terminate your Account and your User ID, remove
or discard from the Site any Content associated with your Account and User ID, withdraw any
subsidies offered to you, cancel any transactions associated with your Account and User ID,
temporarily withhold any sale proceeds or refunds, and/or take any other actions that OpenSys
deems necessary. Grounds for such actions may include, but are not limited to, actual or
- extended periods of inactivity,
- violation of the letter or spirit of these Terms of Service,
- illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
- having multiple user accounts,
- buying products on the Site for the purpose of commercial re-sale,
- voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or
- behaviour that is harmful to other Users, third parties, or the business interests of OpenSys.
- Users may terminate their Account if they notify OpenSys in writing (including via email at firstname.lastname@example.org) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact OpenSys after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. OpenSys shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by OpenSys.
- You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
- TERM OF USE
- The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, OpenSys may effect such termination with or without notice to you.
- You agree not to:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights;
- upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way
- use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- remove any proprietary notices from the Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of OpenSys;
- use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
- use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
- open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
- access the Site, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
- manipulate the price of any item or interfere with other User's listings;
- take any action that may undermine the feedback or ratings systems;
- attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by OpenSys with respect to the Services and/or data transmitted, processed or stored by OpenSys;
- harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
- upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
- upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
- interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
- use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
- infringe the rights of OpenSys, including any intellectual property rights and any passing off of the same thereof;
- list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others
- You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not OpenSys, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will OpenSys be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
- You acknowledge that OpenSys and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content,
including without limitation any Content or information posted by you, that is available on the
Site. Without limiting the foregoing, OpenSys and its designees shall have the right to remove
any Content :
- that violates these Terms of Service;
- if we receive a complaint from another User;
- if we receive a notice of intellectual property infringement or other legal instruction for removal; or
- if such Content is otherwise objectionable.
- You acknowledge, consent to and agree that OpenSys may access, preserve and disclose your
Account information and Content if required to do so by law or pursuant to an order of a court
or by any governmental or regulatory authority having jurisdiction over OpenSys or in a good
faith belief that such access preservation or disclosure is reasonably necessary to :
- comply with legal process;
- enforce these Terms of Service;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of OpenSys, its Users and/or the public.
- VIOLATION OF OUR TERMS OF SERVICE
- Violations of this policy may result in a range of actions, including, without limitation, any
or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
- Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to email@example.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. OpenSys will respond to your complaint as soon as practicable.
- Complaints under this Section 8 must be provided in the form prescribed by OpenSys, which may be
updated from time to time, and must include at least the following :
- a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
- a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
- details of the listing which contains the alleged infringement;
- sufficient information to allow OpenSys to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;
- a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;
- a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
- PURCHASE AND PAYMENT
- buyEV supports one or more of the following payment methods:
- Credit/Debit Card Card payments are processed through third-party payment channels and the type of credit/debit cards accepted by these payment channels may vary depending on the acquiring bank/party.
- Credit Card Instalment Payment Plan Credit Card Instalment Payment Plan is subject to the terms and conditions as provided by the respective card issuing bank.
- Bank Transfer You may make payments using Online Banking via internet bank transfer with the FPX facility to our designated OpenSys buyEV Account.
- If payment confirmation is not received by OpenSys, your transaction may be cancelled.
- You may only change your preferred mode of payment for your purchase prior to making payment.
- OpenSys takes no responsibility and assume no liability for any loss or damages to You arising from shipping information and/or payment information entered by You or wrong remittance by You in connection with the payment for the items purchased.
- OpenSys reserve the right to check whether You are duly authorised to use certain payment methods and may suspend the transaction until such authorization is confirmed or cancel the transaction where such confirmation is not available.
- OpenSys may introduce other forms of payments in future and the above terms shall apply to such payments.
- buyEV supports one or more of the following payment methods:
- OpenSys will inform You when OpenSys receives your purchase monies. You should then make the necessary arrangements to have the purchased item delivered at your location and provide details such as the delivery through the Site.
- In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery and installation. Users acknowledge and agree that OpenSys will not be liable for any damage, expense, cost or fees resulted therefrom.
- CANCELLATION AND REFUND
- You may only cancel his/her order prior to the payment of your purchase monies into OpenSys buyEV Account.
- OpenSys reserves the right to cancel any transaction on the Site and You agree that your sole remedy will be to receive a refund of your purchase monies paid into OpenSys buyEV Account.
- OpenSys reserves the right to cancel any transaction on the Site and You agree that your sole remedy will be to receive a refund of your purchase monies paid into OpenSys buyEV Account.
- All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion.
OpenSys welcomes information and feedback from the User which will enable OpenSys to improve the
quality of service provided.
- Feedback may be made in writing through email.
- Anonymous feedback will not be accepted.
- Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
- Vague and defamatory feedback will not be entertained
- OpenSys welcomes information and feedback from the User which will enable OpenSys to improve the quality of service provided.
- The Services are provided "AS IS" and without any warranties, claims or representations made by OpenSys of any kind either expressed, implied or statutory with respect to the Services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. without limiting the foregoing and to the maximum extent permitted by applicable law, OpenSys does not warrant that the Services, this Site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
- You acknowledge that the entire risk arising out of the use or performance of the site and/or the services remains with you to the maximum extent permitted by applicable law.
- OpenSys has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for the fitness for purpose, existence, quality, safety or legality of items available via the Services.
- EXCLUSIONS AND LIMITATIONS OF LIABILITY
- To the maximum extent permitted by applicable law, in no event shall OpenSys be liable whether
in contract, warranty, tort (including, without limitation, negligence (whether active, passive
or imputed), product liability, strict liability or other theory), or other cause of action at
law, in equity, by statute or otherwise, for:
- loss of use;
- loss of profits;
- loss of revenues;
- loss of data;
- loss of good will; or
- failure to realise anticipated savings, in each case whether direct or indirect; or
- any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this Site or the Services, including, without limitation, any damages resulting therefrom, even if OpenSys has been advised of the possibility of such damages.
- To the maximum extent permitted by applicable law, in no event shall OpenSys be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
- LINKS TO THIRD PARTY SITES
- Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of OpenSys in any manner whatsoever and you therefore access them at your own risk. OpenSys is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. OpenSys is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by OpenSys of any linked site and/or any of its content therein.
- YOUR CONTRIBUTIONS TO THE SERVICES
- By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to OpenSys. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant OpenSys and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
- YOUR REPRESENTATIONS AND WARRANTIES
- You represent and warrant that:
- you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
- you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations
- You represent and warrant that:
- FRAUDULENT OR SUSPICIOUS ACTIVITY
If OpenSys, in its sole discretion, believes that you may have engaged in any potentially
fraudulent or suspicious activity and/or transactions, we may take various actions to protect
OpenSys, other third parties or you from Reversals, Chargebacks, fees, fines, penalties and any
other liability. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
- We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to OpenSys;
- We may refuse to provide the Services to you now and in the future;
- We may hold your funds for a period of time reasonably needed to protect against the risk of liability to OpenSys or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. For the purposes of this Section: "Chargeback" means a request that a you files directly with debit or credit card company or debit or credit card issuing bank to invalidate a payment. "Reversal" means the reversal of a payment by OpenSys because :
- it is invalidated by the sender's bank,
- it was sent to you in error by OpenSys,
- the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit/debit card),
- you received the payment for activities that violated these Terms of Service or any other OpenSys policy, or
- OpenSys decided a Claim against you.
- If OpenSys, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect OpenSys, other third parties or you from Reversals, Chargebacks, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- You agree to indemnify, defend and hold harmless OpenSys, and its shareholders, subsidiaries,
affiliates, directors, officers, agents, co-branders or other partners, an employees
(collectively, the "Indemnified Parties") from and against any and all claims, actions,
proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs
and expenses (including, without limitation, any other dispute resolution expenses) incurred by
any Indemnified Party arising out of or relating to :
- any transaction made on the Site, or any dispute in relation to such transaction,
- the hosting, operation, management and/or administration of the Services by or on behalf of OpenSys,
- your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein,
- your use or misuse of the Services,
- your breach of any law or any rights of a third party, or
- any Content uploaded by you.
- You agree to indemnify, defend and hold harmless OpenSys, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to :
- If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
- GOVERNING LAW
- These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to OpenSys or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Kuala Lumpur, Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
- GENERAL PROVISIONS
- OpenSys reserves all rights not expressly granted herein.
- OpenSys may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
- You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
- Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and OpenSys, nor does it authorise you to incur any costs or liabilities on OpenSys’s behalf.
- The failure of OpenSys at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
- These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for OpenSys's affiliates and subsidiaries (and each of OpenSys's and its affiliates' and subsidiaries' respective successors and assigns).
- The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
- You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysian Anti-Corruption Commission Act 2009 and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
- If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: firstname.lastname@example.org.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 20 December 2022