Fieldex Sdn. Bhd. (“FieldEx”/“we”/“us”/“our”) owns and operates the website located at https://www.fieldex.com/ and any subdomains (the “Website”) and the FieldEx mobile application (the “App”) (together, “FieldEx Services”).
Please read the following terms and conditions carefully before using this Website.
- Conditions of Access. By using and/or accessing the Website, you hereby agree to and accept this Terms of Use. We may revise these Terms of Use at any time (whereby the most prevailing Terms of Use will apply and supersede all previous versions) and your continued use and/or access of the Website constitutes your acceptance of the revised Terms of Use. We do not warrant that this Website will always be accessible, uninterrupted, secure, error free or free from computer virus or other invasive or damaging code.
- Accuracy of this Website. While every precaution has been taken in the preparation of this Website and every effort made, we do not warrant or guarantee the accuracy of information mentioned in this Website. The information and materials in this Website may be modified, deleted or replaced from time to time and at any time at our discretion.
- Third Party Sites. We are not responsible for any information or material derived from any third party sites which may be found on the Website. Any link(s) to such third party sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement or authorization by us of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk.
- Intellectual Property Rights. All software used within the FieldEx Services is the property of FieldEx or its software suppliers and protected by copyright. The compilation (including but not limited to the collection, arrangement, and assembly) of all content on the Website are exclusive property of FieldEx and also protected by copyright. The content, text, images, graphics, sound files, animation files and video files 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. As such, no part of this Website shall be reproduced for any commercial purposes without our permission. No license or rights are granted to you and your access or use of the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without our prior written consent.
- 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 FieldEx 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, FieldEx 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.
- Assumption of Risk. The Website may be accessed throughout Malaysia and overseas. We make no representation that the information and materials in this Website complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the Website from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
- Indemnity. You agree to indemnify FieldEx, its subsidiaries, affiliates, employees, directors, agents and/or licensors ("FieldEx’s Representatives”) and hold FieldEx and FieldEx’s Representatives harmless from any claim, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of the Website, your negligence, or any omission, act or breach of this Terms of Use by you.
- Severance. If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable.
- Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Any disputes will be resolved in the exclusive jurisdiction of the courts in Malaysia.