1. ACCEPTANCE OF TERMS
Welcome to eCargo. Before using this Website, please read the following Terms of Service("TOS"), which may be updated by from time to time without prior notice. In addition, when using particular eCargo services, a User and eCargo is governed by any posted guidelines or rules applicable to such services from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. These Terms of Use shall be governed by and construed in accordance with the Laws of the States of Malaysia.
For the purpose of the following TOS, a (User") is any person who accesses the Site for whatever reason, regardless of whether the said User has registered as a registered User, either Service-Provider or End-User or as a paying customer for a specific service provided, namely Classic, Gold or Platinum.
2. REGISTRATION OBLIGATIONS
In consideration of use of the Service, each User agrees to:
1. Provide actual, current and complete information accurately about oneself as required in the registration form and
2. Maintain and promptly update the registration data to maintain true, accurate, current and complete information.
An account ("Account") will be established for each “Registered User” and each Registered User will be assigned a user alias ("User ID") and password ("Password") to log-in to its own Account.
If the Registered User provides any information that is untrue, inaccurate, not current or incomplete, or under reasonable grounds suspect that such information is untrue, inaccurate, not current or incomplete, eCargo has the right to suspend or terminate User’s account and refuse any and all current or future use of the Service (or any portion thereof) at any time by giving no less than 24-hour notice to the Registered User.
3. PRIVACY POLICY
Registration data and certain other information about each User is subject to eCargo Privacy Policy. For further information, please see eCargo’s full privacy policy.
4. YOUR RESPONSIBILITIES AS A USER
A User understands that all information, data, text, music, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User, and not eCargo, are responsible entirely for all Content upload, post or otherwise transmitted via the Service. You agree not to:
1. Violate any applicable law, regulation or rule;
2. Upload, post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
3. Upload, post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
4. Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
eCargo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. A User understand that by using the Service, the User may be exposed to Content that is offensive or indecent.
5. INDEMNITY
A User agrees to indemnify eCargo, and its subsidiaries, affiliates, agents or other partners, and employees, harmless from any claim, proceedings or demand, including legal fees, made by any third party due to or arising out of Content the User submit, post to or transmit through the Service, the User use or connection to the Service, the User’s breach of this TOS, or the violation of any law or rights of another.
6. TERMINATION
A User agrees that eCargo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if eCargo believes that the User has violated or acted inconsistently with the letter or spirit of the TOS. Further, the User agrees that eCargo shall not be liable to the User or any third-party for any termination of the User’s access to the Service.
7. DISCLAIMER OF WARRANTIES
A User expressly understands and agrees that :
7.1 The use of the service is at User's sole risk. The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
7.2 eCargo makes no warranty on uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside its control.
7.3 Any material downloaded or obtained through the Service is solely at User's own risk and the User is solely responsible for any damage on User's computer system or the loss of data.
7.4 No advice or information, whether oral or written, obtained by User from eCargo or through or from the Service shall create any warranty not expressly states in the TOS.
8. LIMITATION OF LIABILITY
Each User expressly understands and agrees that in no event shall eCargo 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 resulting from:
i) The use or inability to use the Service;
ii) Unauthorized access to or alterations of your data or transmission;
ii) Statements or conduct of any third party on the service; or
iv) In any other way.
9. NOTICE
Notices to the User may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the User generally on the Service.
10. COPYRIGHTS
eCargo respects the intellectual property rights of others and shall ask its Users to do the same.