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Terms of Use - Agreement for METenders.com

Terms of Use - Agreement for METenders.com

General Terms:
This page states the Terms and Conditions under which you may use www.METenders.com and associated services. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and/or service. By using this web site and/or service, we believe that you have fully read and understood the agreement and you are indicating your acceptance to be bound by the terms of this Agreement.
Owner SMB InfoServ FZC, registered in RAK Free Trade Authority, UAE with License NO : 6005288 with offices at PO Box : 55727, Ras Al Khaimah, United Arab Emirates and referred to herein as "METenders" to the Client for use of the Service (as defined below).
DEFINITIONS:
In this Agreement the following terms will have the following meanings: The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason "Users Identity Code" means the code(s) allocated to the customer by the Company for the purpose of accessing the service. Content: means text, graphics, images and any other viewable item or material of the Service. Start Date the Date when the order is placed, from which we receive your subscription fee. Client: means the organisation, firm or company who accepts the Service Agreement by signing the Order Form including the User as appropriate; Subscription Fee : the amount described as such on the Subscription Agreement which will be the annual subscription fee for our provision of the Service for the Subscription Period to You ID: means the username and password assigned to each User for accessing the Service; All material on this Service is protected by copyright under Malaysian laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company's copyright.
COPYRIGHT
METenders own or license all Content and no rights whatsoever to the Content are assigned to the Client under the Service Agreement. Under no circumstances will the Client have any claim to copyright or ownership of any intellectual property rights in any Content. The Client may not further reproduce printed Content, or distribute printed Content, or use the Content, outside the Entity. Any proceeds from unauthorised reproduction or distribution (whether cash proceeds, or a cash amount equivalent to the value to the Client of any non-financial reward) shall be held by the Client on trust for METenders absolutely.
USE OF thE CONTENT
The Client shall not re-sell, distribute, reproduce, modify, store, transfer or in any other way use any of the Content, other than as expressly set out in the Services Agreement or otherwise authorised by METenders in advance in writing. Where any unauthorised use of the Content or the Service by the Client is discovered, METenders shall be entitled to suspend use of the Service by the Client immediately without any refund of the Charges (or any part thereof) paid and require the Client to return or destroy any copies of the Service made. The Client shall permit METenders to take such steps as it reasonably considers appropriate to monitor the level of usage of the Service and the Content and compliance by the Client with the provisions of the Service Agreement and shall co-operate fully with METenders in relation to all such monitoring.
LIMITATION OF LIABILITY AND DISCLAIMER
The Client acknowledges that because of the number of sources from which METenders obtains Content and the nature of electronic distribution via the World Wide Web: METenders does not give any warranties in respect of the Content which is provided on an "as is" basis without guarantee of accuracy or completeness;
  • METenders does not guarantee the availability of timeliness of the Website or any Content; and;
  • The warranties or conditions of satisfactory quality, merchantability and fitness for a particular purpose are excluded to the fullest extent permitted by law.
  • METenders's aggregate liability in respect of any loss, damage, liabilities and expenses suffered by the Client during the Term and arising out of or in connection with the Service Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the Charges paid by the Client during the Term as the subscription fee. METenders shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following suffered or incurred by the Client arising out of or in connection with the Service Agreement:

    • any loss arising from or in connection with loss of revenues, profits, data, contracts or business or failure to realise anticipated savings;
    • any loss of goodwill or reputation; or any indirect or consequential losses;
    • any damages arising from failure by the Client to use the Website and/or the Service in accordance with the Service Agreement;
    • third party claims of any kind.
    INDEMNITY
    Will take all reasonable necessary precautions to prevent unauthorized use of the service. Indemnifies the Company against all liabilities, claims, actions, suits, proceedings, demands, losses, damages, costs, fees and expenses suffered directly or indirectly (including negligence on the part of the Company) arising from the use of the Service by the Customer (including the installation by the Company of user hardware and/or software) or by any person using the Users Customer Identity Code (whether authorized or not).
    Refund and Cancellation Policy:
    Refund and Cancellation Policy: Once a subscription is activated for any user / order, the same cannot be cancelled at any point of time during the tenure of the subscription period and hence no amount will be refunded against the same. Delivery Policy: As we give Online Tender Information, our services are activated once we get payment (if the same is made by cash) or on confirm payment. Once the services are activated, the clients are entitled for web & email based service.
    GENERAL:
    The Service Agreement shall be governed by, and construed in accordance with, the laws of Malaysia shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Service Agreement. Neither party will be held in breach of the Service Agreement in the event of any delay or failure to perform their obligations outside their reasonable control provided that reasonable efforts have been made to fulfil such obligations. Notices served under the Service Agreement shall be valid only if made in writing and sent to the receiving party's address notified on the Order Form or as subsequently amended by agreement in writing. The subscription renewal notice will be send to the client 30 days before the expiry date. The subscription will only be renewed once confirmed by the client after paying the subscription fee.