TERMS OF USE
These Terms of Use (“Terms”) apply to the Century Towing Application (“App”) govern the rights and obligations regarding your access to and use of the services available via the App (“Services”).
These Terms constitute a fully binding agreement between you, as the user of the Services and Syarikat Takaful Malaysia Keluarga Berhad (“STMKB”), as the provider of the Services. Your access to and use of the Services requires your compliance with these Terms and we recommend you to read the same.
We reserve the right to update, amend or modify, in any manner, any of these Terms from time to time, without prior notice and the revised Terms shall take precedence over any previous terms that we have issued in relation to this App. Your continued use of this App constitutes your acceptance of any amendments made.
By using the Services in any manner, you agree to be bound by these Terms and any and all other rules, policies and procedures that we may publish from time to time in relation to the Services.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Services.
PROHIBITED USES
You agree not to use the Services in any way that:
| a) | is unlawful, illegal or unauthorised; | |
| b) | is defamatory of any other person; | |
| c) | infringes any copyright, database right or trade mark of any other person; | |
| d) | is likely to disrupt our service in any way; or | |
| e) | any unlawful act such as (by way of example only) copyright infringement or computer misuse. |
PASSWORD REGISTRATION AND SECURITY
You may establish an account in this App. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account. Therefore, do not reveal your account information to anyone else. You agree to immediately notify STMKB of any security breach of your account.
Some areas of this App may be restricted and require a user identification code (“Login ID”) and a password for access. Unauthorized use of or access to these areas is strictly prohibited. When accessing an area requiring a Login ID and password, you agree that:
| a) | STMKB is entitled to act on instructions received under your Login ID and password; | |
| b) | STMKB is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of STMKB; and | |
| c) | You will keep your password confidential and you will notify STMKB immediately if you believe someone else has obtained your Login ID and password. |
STMKB may block access to password protected areas of this App without prior notice if we believe your Login ID and password are being used by someone other than yourself, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.
PERSONAL DATA PROTECTION
All personal data collected from you will be processed in accordance with the Privacy Notice published on our website at https://www.takaful-malaysia.com.my/en/terms-of-service-towing/
OUR CONTENT
The Services may contain content provided by us or our partners (“Our Content”) which is protected by copyrights, trademarks, marks, patents, trade secrets or other proprietary rights and laws, as applicable. You undertake to comply with and maintain all copyright notices, information, and restrictions contained in any such content accessed through the Services.
THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
We may choose at any time to have our business partners’ and other third parties’ products, services, advertisements and other offers made available via the App. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered, you are contracting directly with the applicable business partner, third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. We shall not be responsible or liable for the performance or non performance of any third party service provider or advertiser and any loss or damage of any kind resulting thereof.
FEES, COSTS AND OTHER EXPENSES
This App makes use of a data network operated by your wireless service provider. You are solely responsible for any and all costs you incur as a result of your usage of this App under the terms and condition of your data network service provider.
THIRD PARTY SERVICES
The use of this App requires involvement of hardware, software, services, and applications that were not developed by us and that are not under our control, such as your mobile, the mobile network provided by your wireless service provider, your device’s operating system, browser, email and SMS programs, dialer and other applications. We cannot assure you that such third party hardware, software, services and applications will function correctly with this App and hereby expressly deny any liability related to the involvement and interaction with such third party hardware, software, services and applications.
LIMITATION OF LIABILITY
We, our directors, employees, agents, representatives, partners, suppliers or content providers howsoever expressly exclude to the fullest extent permitted by law, all liability arising for any loss suffered as a result of your use of the Services or any related content.
INDEMNIFICATION
You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your breach of these Terms; (iii) any representations made by you during your use of the Services; or (iv) your violation of the rights of any party, including but not limited to any intellectual property right, or publicity, confidentiality, property or privacy right.
SUSPENSION AND TERMINATION
| a) | If you use (or anyone other than you, with your permission uses) any Services in contravention of these Terms, we may suspend your use of the Services. | ||||||||||
| b) | These Terms become effective immediately when you download this App and shall remain in effect until your use of this App is terminated. | ||||||||||
| c) | You may terminate your access to this App. | ||||||||||
| d) | Your failure to comply with these Terms will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. | ||||||||||
| e) | We reserve the right to terminate this App at any time. Upon termination, your right to use this App shall cease. | ||||||||||
| f) | These Terms regarding the limits of liability, shall survive the termination of these Terms, and shall remain in effect indefinitely. |
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| g) | Without limitation to anything else under these Terms, we shall be entitled immediately or at any time (in whole or in part) to suspend the Services; your use of the Services and or suspend the use of the Services for persons we believe to be connected (in whatever manner) to you, if:- |
| i) | you commit any breach of these Terms; | |
| ii) | we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms; and | |
| iii) | we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. |
| h) | Our rights shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. |
GOVERNING LAW
These Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles.
CONTACT
You may contact us by email at csu@takaful-malaysia.com.my. on any App related services.
