Custella Sdn. Bhd (“Custella”/“we”/“us”/“our”) owns and operates the website located at https://www.fieldex.com/ (the “Website”), and any subdomains used in connection with or related to the same, and the FieldEx mobile application (the “App”), (together, the “Service(s)”).
By using and/or accessing this Website, you hereby agree to and accept the terms and conditions in this legal disclaimer. We may vary these terms and conditions at any time and your continued use and/or access of this Website constitutes your acceptance of the varied terms and conditions.
Please read the following terms and conditions carefully before using this Website.
1. Conditions of Access. By accessing this Website and using the materials made available on this Website, you agree, acknowledge and accept to be bound by the terms and conditions set out below. Neither the information, nor any opinion contained in this Website constitutes a solicitation. The information and materials including the terms and conditions in this Website may be modified, deleted or replaced from time to time and at any time at our discretion.
We do not warrant that this Website will always be accessible uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code. We are not liable in manner to you or to any person claiming though you whomsoever, for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from any delays, inaccuracies or errors in the information or in its transmission.
2. Reproduction and Linking. To encourage a wider promotion and distribution of the products and/or services available on this Website but subject to Section 5 below, we would have no objection for users to disseminate or reproduce the materials or part of the materials on this Website, provided that we are duly acknowledged and that the re-dissemination or reproduction is for a non-commercial purpose (e.g. all related webpages should carry no advertisement of a commercial nature). Such consent is not however applicable to materials produced by other organizations or websites, which own the copyrights.
Users who link from this Website to websites provided by other organizations shall be aware that the information on those websites has been compiled and issued by those organizations. We accept no responsibility for the contents of any website to which a hypertext link from this website establishes and shall not be liable for any loss or damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, infringement of copyrights) arising out of the use of or inability to use this Website.
3. Accuracy of this Website. While every precaution has been taken in the preparation of this Website and every effort made, the accuracy of information mentioned in this Website are subjected to changes and differences. We shall not be liable for any errors or omissions that may remain and any losses or inconveniences incurred as a result of such changes or differences.
This Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at our discretion, as they are found. The information on this Website is updated regularly, but inaccuracies may remain or occur where changes occur between updates. Custella excludes any obligation or responsibility for this content.
Part of this Website contains materials are contributed by other organizations. We shall not be responsible for any error, omission or misrepresentation in such materials.
4. Intellectual Property Rights. No part of this Website shall be reproduced for any commercial purposes without our permission. The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This Website may contain images or content whose copyrights are owned by or whose moral rights are attributable to third parties.
All terms mentioned in this Website that are known to be registered trademarks, trademarks or service marks are registered trademarks, trademarks or service marks of NSTP and their respective owners (for third party marks). For third party marks, we cannot attest to the accuracy of this information. Use of a term in this Website should not be regarded as affecting the validity of any registered trademark, trademark, or service mark. Unless otherwise indicated, all trademarks and service marks (whether registered, unregistered or pending registration) on this Website are owned or licensed by, or to, Custella and its group of companies; including marks, names, logos, symbols and emblems.
5. No patent liability is assumed with respect to the information contained herein.
We have sought to achieve an innovative and informative website. However, you also need to understand that we must protect our intellectual property rights, including without limitation its copyright and trademarks (whether or not the foregoing rights are registered, unregistered or pending registration). Accordingly, please appreciate that no license or right of any kind whatsoever to use the intellectual property rights of Custella and/or its group of companies or the intellectual property rights of third parties have been granted by this Website.
6. Warranties and Liabilities. This Website (including the services, information and content therein) is provided on an "as is" basis and to the fullest extent permitted by law is without warranty of any kind whatsoever, whether express or implied, including without limitation any implied warranties of merchantability, fitness for use, fitness for a particular purpose and/or non-infringement of third party rights. In addition, any warranties, whether express or implied, statutory or otherwise, in relation to use, access, operation, availability, continuity or non-interruption of this Website are hereby excluded to the fullest extent permitted by law. While the information and content on this Website is believed to be accurate, it may contain errors or inaccuracies. To the fullest extent permitted by law, in no event will we be liable for any loss or damage of any kind whatsoever (including without limitation economic loss, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general or special damages) suffered or incurred by you or any other person or entity, howsoever arising whether in contract, tort, negligence, or any other legal theory, and whether or not Custella is advised of the possibility of such damages, in connection with or as a result of this Website, including but not limited to the following:
(a) use and/or access (or inability or delay in the use and/or access) of this Website;
(b) any content or information made available on this Website (including any errors, omissions or inaccuracies thereof);
(c) any content or information made available on this Website infringes the rights of any third party,
(d) any intrusion or any attack by any person, hardware, software, virus, trojan horse, worm, malware and/or macros or other harmful components arising from any use and/or access of this Website;
(e) any websites (including the content therein) maintained by third parties, which are accessible via a link from or to this Website; and/or
(f) any unauthorized access to or alterations of your transmission or data.
In addition, NSTP is not responsible for the contents of websites that are maintained by third parties and therefore shall not be liable or responsible for any links from this Website to other websites.
7. Severance. If any provision of this legal disclaimer is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and this legal disclaimer shall be construed as if such illegal or invalid provision had never comprised a part of this legal disclaimer and the remaining provisions of this legal disclaimer shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from this legal disclaimer.
8. Indemnity. You agree to indemnify Custella, its subsidiaries, affiliates or licensor harmless from any claim or demand including solicitors’ fees made by any third party due to or arising out of your use of this website, violation of any of these terms and conditions.
9. Governing Law and Jurisdiction. This legal disclaimer shall be deemed to be made in Malaysia and shall for all intents and purposes be governed by and construed in accordance with the laws of Malaysia. Any disputes will be resolved in the non-exclusive jurisdiction of the courts in Malaysia. Custella is at liberty to proceed against you in the courts of any other country where jurisdiction may be established.
