Terms of Services- without prejudice

1.        INTRODUCTION

1.1       Welcome to the CAED (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a CAED account ("Account") so that you are aware of your legal rights and obligations concerning CAED Heritage Sdn. Bhd (Company Registration No. 201801038001 [1300032-A] and its affiliates and subsidiaries (individually and collectively, "CAED", "we", "us" or "our").

The "Services" we provide or make available include

(a) the Site,

(b) the services provided by the Site,

(i) Sales of the "Software" (ArCADiasoft products, Nanosoft products)

(ii) Sales of services "CAED BIM Library" system.

(c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, Software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by CAED.

 

1.2 The online transaction service is provided by Paypal. CAED cannot ensure that Users will complete a transaction. If you make any transaction thru Paypal but do not receive any confirmation via email or text messages from CAED, you are responsible for informing CAED via email to admin@caedheritage.com, under a heading subject "USER TRANSACTION CONFIRMATION REQUEST". In the email, you are required to attach the Paypal transaction document, your credit card transaction document for CAED's investigations or any other transaction document required by CAED. Do allow us time to process the information provided. CAED will respond to your complaint as soon as practicable.

1.3       Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

 

1.4       CAED reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. CAED is hosted on the Wix.com platform. Wix.com provides us with an online platform that allows us to sell our products and services to you. The Wix.com' Terms-of-Use' (refer to https://www.wix.com/about/terms-of-use ) is extended and applicable to you as User of our CAED website.

1.5       CAED reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

 

BY USING CAED SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE "LEGAL AGE"), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

2.         PRIVACY

 

2.1       Your privacy is essential to us at CAED. To better protect your rights, we have provided the https://www.caedheritage.com/privatepolicy to explain our privacy practices in detail. Please review the Privacy Policy to understand how CAED collects and uses the information associated with your Account and/or your use of the Services (the "User Information"). By using the Services or providing information on the Site, you:

(a)         consent to CAED's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(b)        agree and acknowledge that the proprietary rights of your User Information are jointly owned by you, CAED and Wix.com; and

(c)       shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information.

 

2.2       Users in possession of another User's personal data through the use of the Services (the "Receiving Party") hereby agree that they will

(a) comply with all applicable personal data protection laws with respect to any such data;

(b) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party") to remove his or her data so collected from the Receiving Party's database; and

(c) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

 

3.         LIMITED LICENSE

 

3.1       CAED grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property") displayed in the Site are the property of CAED and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2       You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with CAED. You acknowledge that CAED may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4.         TERM & CONDITION of AFFLIATE's SERVICE.

4.1       CAED has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services. From our Service, when you click the linked images or button or text to access into our affiliate's pages, the Terms & Conditions our affiliate applies to you. The details of our affliates's Term and Conditions as as below.

(i) ArCADiasoft, Licensing Terms and Conditions. https://arcadiabimsystem.com/terms--conditions   

(ii) Nanosoft, Terms of Use. https://nanocad.com/page/termsofuse

(iii) CAED BIM Library, Term of Use. https://www.caedheritage.com/terms-of-use

(iv) UCTS, Terms, Copyright, Legal and Disclaimer https://www.ucts.edu.my/terms-copyright-legal-and-disclaimer/

 

         ACCOUNTS AND SECURITY

5.1       Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that CAED, in its sole discretion, finds offensive or inappropriate, CAED has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated.

 

5.2       You agree to

(a) keep your password confidential and use only your User ID and password when logging in,

(b) ensure that you log out from your account at the end of each session on the Site,

(c) immediately notify CAED of any unauthorised use of your Account, User ID and/or password, and

(d) ensure that your Account information is accurate and up-to-date.

You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. CAED will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

 

5.3       You agree that CAED may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that CAED deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected

(a) extended periods of inactivity,

(b) violation of the letter or spirit of these Terms of Service,

(c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour

(d) having multiple user accounts,

(e) buying products on the Site for the purpose of commercial re-sale,

(f) abnormal or excessive purchase of products from the same Seller or related group of Sellers,

(f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or

(g) behaviour that is harmful to other Users, third parties, or the business interests of CAED. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, CAED may terminate your Account immediately with or without notice.

5.4       Users may terminate their Account if they notify CAED in writing (including via email at admin@caedheritage.com), with heading subject "TERMINATION OF USER ACCOUNT". Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the product, or the like, and Users must contact CAED after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. CAED shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by CAED.

5.5       You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

 

6.         TERM OF USE

6.1       The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, CAED may effect such termination with or without notice to you.

 

6.2       You agree not to:

(a)        upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)        violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c)        upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(d)        use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e)        forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f)         remove any proprietary notices from the Site;

(g)        cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of CAED;

(h)        use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i)         use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j)         open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k)        access the CAED , open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or Software;

(l)         manipulate the price of any item or interfere with other User's listings;

(m)      take any action that may undermine the feedback or ratings systems;

(n)        attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by CAED with respect to the Services and/or data transmitted, processed or stored by CAED;

(o)        harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p)        upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q)        upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r)         upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;

(s)        upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t)         disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(u)        interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v)        take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w)       use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x)        use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty's Treasury;

(y)        use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(z)        infringe the rights of CAED, including any intellectual property rights and any passing off of the same thereof;

(aa)     use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb)     list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

 

6.3       You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not CAED, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will CAED be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4       You acknowledge that CAED and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, CAED and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by CAED or submitted to CAED, including, without limitation, information in CAED Forums and in all other parts of the Site.

 

6.5       You acknowledge, consent to and agree that CAED may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over CAED or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CAED, its Users and/or the public.

 

7.         VIOLATION OF OUR TERMS OF SERVICE

7.1       Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

-                Listing deletion

-                Limits placed on Account privileges

-                Account suspension and subsequent termination

-                Criminal charges 

-                Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

 

7.2       If you believe a User on our Site is violating these Terms of Service, please contact admin@caedheritage.com, with heading subject "SUSPECTED VIOLATION OF TERMS OF SERVICES".

8.         PURCHASE AND PAYMENT

8.1       CAED supports one or more of the following payment methods in each country it operates in:

 

(i)         Credit Card thru Paypal

Credit Card payments are processed through third-party payment channels (Paypal) and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii)        Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer ("Bank Transfer") to our designated CAED Guarantee Account (as defined in Section 11). Buyer must provide CAED with the transfer receipt or payment transaction reference for verification purposes through the 'Upload Receipt' function found in CAED's app as payment confirmation. If payment confirmation is not received by CAED within three (3) days, Buyer's order will be cancelled.

 

9.2       Buyer may only change their preferred mode of payment for their purchase prior to making payment.

 

9.3       CAED takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

 

9.4      At the moment, CAED is only able to make payment to Users via bank transfer. Hence, Users is  required to provide CAED with his/her banking details in order to receive payments i.e. from the sale of item or refund from CAED.

 

15.     DELIVERY

15.1   CAED will inform the Software suppliers when CAED receives Buyer's Purchase Monies.

 

16.     CANCELLATION, RETURN AND REFUND

16.1   Buyer may only cancel his/her order prior to the payment of Buyer's Purchase Monies.

 

16.2   Buyer is not entitled to the return of the purchased Software or services and refund.

16.3   For some Services, you may redeem and use 'CAED Coupon'. All coupons are in the form of 'Points' and is not redeemable for monies. The Points entitled you to gain access into other related Service subjected to the special Terms and Condition of the services. The Points collected by you, if not redeemed, expires by 31 December of year annual calendar.

16.4   CAED does not monitor the cancellation, return and refund process for offline payment made to our affiliates.

18.     CAED BIM Library Rules

18.1   CAED offers will be launching keyword advertising ("Keyword Advertising") and/or other advertising services, (Keyword Advertising hereinafter referred to as "Paid Advertising") on its BIM Library System pages and related pages and on an ongoing basis. Supplier may purchase the CAED BIM Library services. CAED provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the CAED BIM Library or otherwise communicated to Supplier in writing (hereinafter referred to as the "CAED BIM Library Rules"). Supplier who purchase Paid Advertising services agree to be bound by the CAED BIM Library Rules. If you are not agreeable to being bound by the CAED BIM Library Rules, do not buy any Paid Advertising Services.

 

18.2   In order to purchase Paid Advertising services, you must be an eligible Supplier under the CAED BIM Library Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.

18.3   You may purchase Paid Advertising services by paying a fee determined by CAED. All Advertising fee will be subject to goods and services tax and expire after six (6) months of purchase, or such other time as determined by CAED.

18.4   The proposed goods you intend to list on the Site must comply with all relevant laws and regulations, the CAED BIM Library Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that CAED has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid in relation to any listing removed will not be refunded. CAED will also not be liable to compensate you for any loss whatsoever in relation to listings removed.

18.5   You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the CAED BIM Library Rules, CAED shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.

 

18.6   IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, CAED IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU.

21.     DISPUTES

21.1   In the event a problem arises in a transaction, you agree to communicate with the Service provider by mutual discussions, which CAED shall use reasonable commercial efforts to facilitate.

21.2   You agrees that you will not bring suit or otherwise assert any claim against CAED (except where CAED is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

22.     FEEDBACK

22.1   CAED welcomes information and feedback from our Users which will enable CAED to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i)         Feedback may be made in writing through email to or using the feedback form found on the App.

(ii)        Anonymous feedback will not be accepted.

(iii)       Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv)       Vague and defamatory feedback will not be entertained.

 

23.     DISCLAIMERS

 

23.1   THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CAED OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAED DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

 

23.2   YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

23.3   CAED HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE CAED AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

 

24.     EXCLUSIONS AND LIMITATIONS OF LIABILITY

 

24.1   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAED BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

 

(i)         (A) LOSS OF USE; (B) LOSS OF DATA; (E) LOSS OF GOOD WILL; IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

 

(ii)        ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF CAED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

24.2   YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

 

24.3   IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CAED IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU.

 

24.4   NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CAED'S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF CAED THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

25.     LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE

25.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of CAED in any manner whatsoever and you therefore access them at your own risk. CAED is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. CAED is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by CAED of any linked site and/or any of its content therein.

25.2 CAED allows you to share videos from YouTube on the CAED Livestream feature ("YouTube Content"). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service ((https://www.youtube.com/t/terms).

 

26.     YOUR CONTRIBUTIONS TO THE SERVICES

26.1   By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to CAED. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant CAED and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

26.2   Any Content, material, information or idea you post on or through the Services, or otherwise transmit to CAED by any means (each, a "Submission"), is not considered confidential by CAED and may be disseminated or used by CAED without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to CAED, you acknowledge and agree that CAED and/or other third parties may independently develop Software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant CAED and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

 

27.     THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

27.1   Each contributor to the Services of data, text, images, sounds, video, Software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, CAED is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold CAED responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

27.2   In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by CAED. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. CAED has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that CAED shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that CAED may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

28.     YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a)        you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b)        you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

 

30.     INDEMNITY

You agree to indemnify, defend and hold harmless CAED, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

(a) any transaction made on the Site, or any dispute in relation to such transaction (except where CAED or its Affiliates is the Seller in the transaction that the dispute relates to),

(b) the CAED Guarantee,

(c) the hosting, operation, management and/or administration of the Services by or on behalf of CAED,

(d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,

(e) your use or misuse of the Services,

(f) your breach of any law or any rights of a third party, or

(g) any Content uploaded by you.

 

31.     SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

 

32.     GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Malaysia Government without regard to its conflict of law rules. to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to CAED or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the available Arbitration Rules of the Malaysia Government for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

 

33.     GENERAL PROVISIONS

33.1   CAED reserves all rights not expressly granted herein.

33.2   CAED may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

33.3   You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

33.4   Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and CAED, nor does it authorise you to incur any costs or liabilities on CAED's behalf.

33.5   The failure of CAED at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

33.6   These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for CAED's affiliates and subsidiaries (and each of CAED's and its affiliates' and subsidiaries' respective successors and assigns).

33.7   The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

33.8   If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: admin@caedheritage.com.

 

LEGAL NOTICES: Please send all legal notices to admin@caedheritage.com.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE BUTTON OF "SIGN UP" OR "CONNECT WITH FACEBOOK" OR "CONNECT WITH GOOGLE" OR ANY OTHER REGISTRATION OPTION PROVIDED BY WIX.COM, DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

 

Last Updated: 14 December 2020