This agreement (“Agreement“) between you and Engear consists of Engear’s Standard Terms and Conditions (“Terms and Conditions“). By visiting Engear, you agree to be bound by these Terms and Conditions and all polices and guidelines referred to.
The Terms and Conditions are owned or controlled by Engear and its subsidiaries and affiliates. Throughout these Terms and Conditions, at any juncture the words ‘we’, ‘our’, or ‘us’ are used, we are referring to Engear.
We may change the Terms and Conditions at any time. Your continued use of Engear means you agree with the most-current version of the Terms and Conditions, all of which can be found on Engear website (www.engear.tv) (“the Site”). As a registered user of the website, we beseech you to regularly review the Terms and Conditions.
It is your responsibility to ensure that you understand the Terms and Conditions before you agree to utilize the Site. If you have any questions please contact us with your enquiry at [email protected].
“Businesses” means any third party entity that engages Engear to advertise, promote or market their products or services through the Site.
Before utilizing the website, you warrant and affirm that you will NOT:
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law; (c) is defamatory, trade-libellous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may only use the Site for lawful purposes.
Rights to Information
Engear may retain and use all information you provide including but not limited to the visitor demographics and contact and billing information. You agree that Engear may transfer and disclose to third parties non-personally-identifiable information about you for the purpose demographic study and enabling your participation on the Site, including to third parties that reside in jurisdictions with less restrictive data laws than your own. Engear may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Engear disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party.
Engear may share non-personally-identifiable information about you, including site-specific statistics and similar information collected by Engear, with businesses and other third parties.
For content that is covered by intellectual property rights, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide.
Intellectual Property Rights
You acknowledge that Engear owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Site (excluding items licensed by Engear from third parties and excluding any third party media player that may subsist on the Site), and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in these Terms and Conditions.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Engear services, software or documentation.
You will not remove, obscure, or alter Engear’s copyright notice or other proprietary rights notices affixed to or contained within any Engear services, software, or documentation.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, law of confidence and passing off and any and all other proprietary rights, including all amendments now or hereafter in force and effect worldwide.
You may not however, distribute, modify, copy, transmit, display, reproduce, use, publish, license, create derivative works or sell or deal in the course of trade in any manner any Intellectual Property Rights belonging to Engear.
If you use the Intellectual Property belonging to Engear in a way that is not clearly allowed by these Terms of Service, you are violating these Terms and Conditions and may be violating copyright, trademark, and other laws.
Site content is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties that use of the Site will be uninterrupted or error-free.
Limitation of Liability
IN NO EVENT SHALL ENGEAR BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, ANY DAMAGES WILL BE CAPPED AT RM100.
Each party acknowledges that the other party has agreed to these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Engear will not be liable for any failure or delay in performance of our obligations under this Agreement, resulting from any condition beyond the reasonable control of Engear including but not limited power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behaviour by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions.
You agree to indemnify and hold Engear, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party, including but not limited to Facebook, Twitter, or any other Internet Communication Platform due to or arising out of your use of the Site, the Network or your violation of these Terms of Service. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold Engear harmless against any liability for that harm.
These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles.
Special Provisions Applicable to Users Outside Malaysia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws.
The following provision applies to users and non-users who interact with Engear outside Malaysia: you consent to having your personal data transferred to and processed in Malaysia.
All questions or disputes relating to the Service including the Terms and Conditions should be submitted to Engear.
We will endeavour to resolve any disputes expeditiously. All interpretations of the Terms and Conditions will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms and Conditions.
These Terms and Conditions shall be governed by the laws of Malaysia. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be adjudicated in Malaysia.
These Terms and Conditions make up the entire agreement between the parties regarding the agreement and supersedes any prior agreements or representations whether verbal or in writing.
If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.
Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.
All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms and Conditions shall prevent us from complying with the law.
These Terms and Conditions do not confer any third party beneficiary rights.
Transactions with advertisers are between users of Engear and the advertiser, Engear will not be liable for any loss direct or indirect caused as a result of advertisers. Users acknowledge this and undertake interaction with advertisers at their own risk.
Articles and comments are the personal opinion of the writer and do not necessarily represent the views of Engear.
By commenting on Engear social media pages such as Facebook, Twitter, and Instagram you grant Engear universal rights to regenerate and republish comments contributed by users. Engear is granted a universal right to republish your comments on our social media pages in the form of an article, video or picture media form. Engear reserves the right to edit user comments for grammatical errors and or clarity.
The contents provided by users are not paid, except contributing columnists or otherwise stated.