Terms
Welcome to vniaga.com.my (the "Website"). "VNiaga" means Vin Asia Sdn Bhd (1224019-A), a company incorporated in Malaysia and having its business address at C2-3-12, CBD Perdana 3, Jalan Perdana, 63000 Cyberjaya, Selangor, Malaysia. By accessing and using the Website and all services offered by VNiaga through the Website ("Services"), the person or organisation entering into these Terms as a user of the Website or Services, together with all individual users accessing the Website or Services on that person's behalf (together, "you" or "Users") accept and agree to be bound by these terms of use ("Terms"). Users may only use the Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by VNiaga.
These Terms apply to all use of the Website which includes any paid use of the Services, and any free trial of the Services.
Non-compliance with these Terms
If a User does not comply with these Terms, VNiaga may, at its discretion and with or without notice, cancel or suspend that User's account and refuse to provide Services to that User.
Amendments
VNiaga reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
Account information
In order to access and use the Services, Users will need to:
Be 18 years or older;
Be a natural person, as accounts and User logins may not be registered or accessed via bots or other automated methods;
And provide certain information about themselves, including a full legal name, mobile phone number, business name and email address (as prompted by the Website) ("Account Information").
All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.
Cancellation of accounts
VNiaga reserves the right to cancel or suspend any User's account at any time in its sole discretion, and all Users are entitled to cancel their account with VNiaga at any time. All cancellations will result in the deactivation or deletion of the User's account.
Users may cancel their account by making a request via phone or email and providing their Account Information. If a User elects to cancel its account, cancellation will not become effective unless and until no money is owing on that User's account.
All of User's data and content will be deleted from the Website upon cancellation of its account. This content cannot be recovered once User's account is cancelled. VNiaga is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is User's responsibility to ensure that any content or data which User requires is backed-up or replicated before cancellation.
Payments
All Services are charged in advance on a monthly, quarterly, biannual, annuall or bienniel (every two years) basis and are non-refundable, including for partial periods of Services. VNiaga will not be held liable in any way for any lack of refunds in connection with the Services.
If a User is carrying out a free trial of the Services (as offered on the Website), the free trial will begin on the day that the User's account is opened and end 30 days later. At the end of the free trial period, Users will need to make relevant payment to VNiaga in order to further use the Services.
Fees
The fees charged for the Services ("Fees") are subject at all times to change by VNiaga giving 30 days notice, which will be posted on the Website. VNiaga shall not liable to Users or any third party for any modification to the Fees.
Taxes
All Fees are exclusive of all taxes , and the User indemnifies and holds VNiaga harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
Responsibility
Each User will be responsible for all activity that results from its use of the Services. VNiaga disclaims any and all liability in relation to each Users' use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from the cancellation of any User's account.
Services are provided "as is".
The Website and Services are provided on an "as is" and "as available" basis, and User's use of them is at its sole risk. VNiaga does not warrant that:
(a) The Services will meet User's specific requirements.
(b) The Services will be uninterrupted, timely, secure, or error-free.
(c) The results that may be obtained from the use of the Services will be accurate or reliable.
(d) The quality of any products, services, information, or other material purchased or obtained by User through the Services will meet User's expectations.
(e) Any errors in the Services will be corrected.
User acknowledges that VNiaga may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of VNiaga's control, and Vniaga does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, VNiaga excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
Liability
VNiaga shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VNiaga has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service.
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services.
(c) unauthorised access to or alteration of your transmissions or data.
(d) statements or conduct of any third party regarding the Services.
(e) any other matter relating to the Services.
VNiaga's maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to VNiaga by the relevant User for one year's subscription.
Indemnity
Each User indemnifies, and will keep indemnified, VNiaga against all forms of liability, actions, proceedings, demands, costs, charges and expenses which VNiaga may incur or be subject to or suffer as a result of the relevant User's use of the Services.
No malicious use
Users may only access the Website and Services through the interface provided by VNiaga, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
Intellectual property
All Users agree that VNiaga owns all of the intellectual property rights existing in the Website and Services. However, VNiaga claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.
VNiaga branding
No User may publish or use VNiaga brand, branding or logos except with VNiaga's prior written consent.
Technical support and malfunctions
VNiaga will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, VNiaga will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part).
Security
Users are responsible for maintaining the security of their account and password on the Website. VNiaga will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
VNiaga makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
Governing law and jurisdiction
These Terms shall be governed by Malaysian law, and all Users submit to the exclusive jurisdiction of the Malaysian courts for any matter or dispute arising in relation to these Terms.
