SECTION A – GENERAL TERMS AND CONDITIONS
1. Introduction
1.1 Welcome to the Rekatone website (the
“Website”).
1.2 When you use the services provided by
ENOTAKER TECHNOLOGY SDN BHD. (COMPANY NO: 1321155-A) (“rekatone.com” “we” or
“us” or
“our”) (the
“Services”), you are agreeing to our terms and conditions as set out herein. For the avoidance of doubt, the Services as hereinbefore mentioned shall be the relevant services and/or matters limited as contained and/or provided by us in
www.rekatone.com
1.3
PLEASE READ THIS AGREEMENT CAREFULLY. By using the Website and by your use of the Services, you agree to be bound by the terms and conditions set out in this Agreement in full. If you disagree to these terms and conditions herein, whole or in part, please discontinue using, surfing, browsing, relying, acting and/or in any manner utilising any of the Services contained including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references in the Website and/or related to the Services (the
“Information”). Please also be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
1.4 We may suspend, restrict access and/or terminate your account to use the Service and/or the Website at any time, with or without notice and/or reasons, including but not limited to conduct that is in breach of this Agreement, for conduct that we believe is harmful to us, the Website, the industry and/or to any other party, complaints, non-deliverables, fraud, misrepresentation and/or other conduct that we deem unsuitable, harmful and/or detrimental in any manner whatsoever. Additionally, you hereby agree that prior to such action be taken against you, we at our absolute discretion may, but is not mandatory, issue a notice as show cause for your reasonable justification prior to us taking any action against you.
1.5 We reserve the right at any time, with or without cause and notice, change or modify the terms and conditions of this Agreement. Such changes or modifications shall be made effective for all account holders and/or users of the Services provided in the Website (the “Service User”) upon posting of the modified Agreement to this web address (URL): http://www.rekatone.com/terms-and-conditions. You as the Service User shall be responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement. For the avoidance of doubt, any reference to Service User as hereinafter appearing shall include ordinary Service User, Professional Service User and Professional Service Partner.
1.6 We reserve the right at any time, with or without cause, to change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website.
1.7 These terms and conditions herein contained shall be deemed to include our Privacy Policy, particular terms and conditions for Professional Service User and Professional Service Partner respectively and additional policies, if any (collectively
“this Agreement”). We may assign or change any part or parts of our rights under this Agreement without your consent or prior notification. This Agreement shall constitute a legally-binding agreement between us and you.
2. Function and Purpose
2.1 You acknowledge that the Website shall function as an online platform for the Service User to connect with other Service User for the following purposes:
(a) providing platform for the Service User to request types of services, proposed work, proposed project, quotation and/or any other proposals in relation to construction and/or civil works (the “Proposed Work”) required and disseminating such request to other Service Users;
(b) providing platform for the Service Users to monitor and offer the Proposed Work as required by the other Service Users and disseminating such information to the requesting Service Users;
(c) providing platform for the Proposed Work requested and offered to be finalised and accepted between the Service Users and facilitating the transaction in ensuring performance of the Proposed Work as agreed;
(d) providing any other ancillary or related services related to the transaction and/or the Proposed Work between the Service Users and may be expanded from time to time.
2.2 For the avoidance of doubt, we are not nor shall not in any manner be deemed as the Service User hence, is not responsible to account for any transaction and/or be responsible in any manner pertaining to the transaction between the Service Users save for providing the required platform of engagement. By using the Services, you acknowledge and agree that all engagement, communication and/or transaction made or to be made shall be at your own absolute risks and that we are hereby be absolved from any liability in any manner whatsoever in full.
2.3 In benefitting the Services offered by us, you understand, acknowledges, confirm and undertake that you shall at all times comply with any other relevant laws regulating the transaction and/or engagement provided vide the Services and that we are hereby be absolved from any liability in any manner whatsoever in full.
3. Copyright Notice
3.1 Copyright (c) rekatone.com.
3.2 Subject to the express provisions of these terms and conditions as follows:
(a) we and our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and
(b) all copyright and other intellectual property rights in our Website and the material on our Website are reserved.
4. Permitted Use of Services and Information
4.1 We are pleased to grant you, as the Service User of this Website, a non-exclusive, non- transferable, revocable, limited license to access and use this Website in accordance with the terms and conditions of this Agreement and any other specific terms and conditions that may be posted from time to time subject always to the payment of subscription fees which shall be made in our favour based on the processes as contained in the Website. In view thereof, you may:
(a) use the Website according to its functions and purpose as provided under Clause 2 hereinbefore and/or subject to the terms and conditions hereinafter appearing;
(b) view pages in our Website in a web browser;
(c) use our Website and the Services therein by mean of a web browser; and
(d) use any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to the Information.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, no Information or any other materials or property from the Website may be copied, reproduced, displayed, republished, downloaded, posted, digitised, translated, modified, transmitted, distributed or commercially exploited in any way.
4.3 You may only use our Website for your own personal purpose or for the internal use of your employer, if applicable and it is not for commercial exploitation (eg. by reselling to others or by republication to the public any Information or part thereof including the use of the Services in any manner whatsoever). You must not use our Website for any other purposes.
4.4 Unless you retain all trademark, copyright, and other proprietary notices contained in the original materials, you must not:
(a) reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party; and
(b) you agree that you will take all reasonable steps to prevent any unauthorised reproduction and/or other use of the Information.
4.5 Notwithstanding Section 4.4, you may redistribute our newsletter in print and electronic form to any person.
4.6 We reserve the right to restrict access, wholly or in part of our Website at our sole and absolute discretion without assigning any reasons whatsoever. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
5. Acceptable Use Policy
5.1 You agree not to use the Information, Services and/or the Website to take any actions that would cause the following:
(a) actions which are contrary to rekatone.com public image, goodwill or reputation;
(b) infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
(d) violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
(e) libellous, vulgar, offensive, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
(f) transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
(g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
(h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
(i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
(j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
(k) clone any part of the Website without our prior written authorisation;
(l) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
(m) interfere with or disrupt any services or equipment, including but not limited to the Services with the intent of causing an excessive or disproportionate load on the infrastructure of rekatone.com or its licensors or suppliers;
(n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email;
(o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
(p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
(q) execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
(r) harvest or collect information about any Website visitors or members without their express consent.
5.2 Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or attract civil or criminal liabilities against you which We shall at all times be indemnified in full by you and/or where required, at our absolute discretion to seek legal recourse against you.
5.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
5.4 You shall not in any event whatsoever use data collected from our Website to contact individuals, companies or other persons or entities.
6. Accounts and Passwords
6.1 You may stay anonymous while browsing our Website. However, access to certain functionalities of the Website will require you to register with and/or provide certain information to rekatone.com.
6.2 You may register an account with us by completing and submitting the account registration form on our website. Certain personal information such as your name, email address etc will be requested by us for identification process. Such collection and/or the processing of your personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010 of Malaysia.
6.3 You are solely responsible for safeguarding your password and to all activities that occurs in your account. All losses or damages incurred therefore shall be borne by you.
6.4 You shall never use other person’s account without permission to access the Website or do any acts pertaining to the Proposed Work using the Services in the Website including but not limited to offering and/or requesting the Proposed Work vide the Services available therein save and except permitted expressly by the said account holder.
6.5 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.6 If we have reason(s) to believe there is likely to be a breach of security or misuse of the account, we may require you to change your password.
7. Cancellation and suspension of account
7.1 We may at any time at our sole discretion without notice, explanation and/or reasons:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details
8. Your Content – Usage, Prohibitions and Representations
8.1 “Your Content” herein contained means all works and materials (including but not limited to design, drawings, plans, schedules, graphs, work programme, illustration, mapping, bill of quantities, materials, specifications, measurements, sizing, text, graphics, images, audio material, video material, audio-visual material, scripts, software and/or files) that you submit to us or our Website for storage or publication on, processing by, or transmission via our Website.
8.2 You represent and warrant that you have all right, title and interest in relation to Your Content, including but not limited to any consent, and authorisation from any third party necessary for you to upload or submit Your Content to the Website. By uploading or submitting the said Your Content, you further agree to give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to use, remove, share, disseminate, host, store, reproduce, modify, edit, alter, amend, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for any purposes that we deem fit without any prior approval and/or consent, written or otherwise, from you any/or any third party in any manner whatsoever. In any event Your Content shall not:
(a) infringe any intellectual property rights or otherwise constitute breach of any agreement with any person or entity;
(b) defame, be libellous, contain any vulgar and/or offensive materials, unlawfully threaten, harass or otherwise contain subject matters that are objectionable;
(c) be obscene, pornographic or indecent;
(d) be in breach of racial or religious hatred or discrimination legislation;
(e) constitute spam;
(f) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(g) be irrelevant for the purposes of the Services offered on the Website;
(h) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(i) infringe any right of confidence, right of privacy or right under data protection legislation; and/or
(j) otherwise breach any law, statute or regulation.
9. Third Party Linking
9.1 Our Website may include hyperlinks to other websites and online resources. Your use of third- party websites and resources is at your own risk and that we shall not in any event whatsoever provide any guarantee and/or be liable on the safety of usage of the said third party websites.
9.2 We are not responsible for and do not endorse such external sites or resources. We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them
10. Trademarks
10.1 Our logos and our other registered and unregistered trademarks or service marks on our Website belong to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
10.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any licence to exercise such rights.
11. Fees and Taxes
11.1 We reserve the right at our sole and absolute discretion to charge fees for the Services offered and provided in the Website, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through Website. We reserve the right to charge fees for such facilities at its sole discretion and by using the Website, you agree to pay any such fees as we may notify to you and prescribe from time to time. For the avoidance of doubt, we have the right to revise the fees charged to you without any prior notification.
11.2 We act solely as an online platform in providing the Services vide the Website for Service Users to connect with each other for the purposes of transacting to respectively receive and provide the relevant products, goods and/or services in relation to the Proposed Work. For all intent and purposes, we shall not be regarded as Service User and therefore, is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided between the Service Users save and except our own taxes as required by any relevant authority. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations pertaining to any transaction transacted vide the use of Services.
12. Disclaimer of Warranties, Limitation of Liability, Indemnities and Qualifications
12.1 You expressly acknowledge and agree that the use of the Website is at your sole risk. rekatone.com, its officers, directors, members, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the Website and from your use or inability to use thereof including but not limited to:
(a) the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other products, goods and/or services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights of the Website or any service that rekatone.com provides including but not limited to design, drawings, plans, schedules, graphs, work programme, illustration, mapping, bill of quantities, materials, specifications, measurements, sizing, text, graphics, images, audio material, video material, audio-visual material, scripts, software and/or files for any Proposed Work requested or offered and shall always be subject to the final drawings, measurements and/or acceptance test as agreed mutually between the Service Users prior to the commencement of the Proposed Work;
(b) in furtherance to the above, until and unless the completion of the final drawings, measurements and/or acceptance test as agreed mutually between the Service Users prior to the commencement of the Proposed Work, all prices as listed, submitted and/or offered vide the Services shall not be final and subject to further changes;
(c) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Website (whether by rekatone.com or any third party through the Website);
(d) any unauthorised access to or use of the Website or rekatone.com servers, data or information;
(e) any cessation, termination or disturbance of transmission to or from the Website for any reasons whatsoever including any event outside of our control such as events of Force Majeure;
(f) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the Website whether due to the actions of any third parties or otherwise;
(g) any transaction or transmission between you and any third party provider of any products, goods and/or services of any kind in any medium whatsoever;
(h) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the Website or otherwise.
12.2 By using the Services, you hereby shall be deemed to agree, represent and warrants that:
(a) that this Agreement has been entered with the requisite power and authority on your behalf, whether in the capacity as individual and/or as corporation, and that to deliver and lawfully perform the terms of this Agreement;
(b) that you have the authority to bind the individual and/or company that is responsible for the performance of this Agreement and your acceptance of the terms of this Agreement shall, for all intent and purposes, be deemed as the acceptance by yourself or for corporate Service Users, by the company itself;
(c) that this Agreement constitutes legal, valid and binding obligations on you including but not limited to any successors and/or authorised assignee in accordance with its terms;
(d) that there are no bankruptcy and/or winding-up petition and or other legal proceedings been commenced or threatened against you;
(e) that you have the necessary and required knowledge and/or expertise in relation to the Proposed Work including but not limited to the products, goods and/or services in relation thereto and if Your Content or any part thereof turns out to be incorrect or insufficient, you shall promptly correct and/or deliver such information as to ensure accurate and sufficient representations of the Proposed Work required and/or offered;
(f) that you are lawfully registered and/or incorporated as an entity in accordance with the laws of Malaysia and have the requisite, sufficient, adequate and necessary licenses as required by any of relevant authorities, insurances, financial resources, manpower, skills and expertise, equipment, kits and safety apparel and/or any other materials and/or matters relevant and required for the purpose of delivery and performance of the Proposed Work which shall at all times be maintained by you at your own costs and expense as obligated upon you by any laws, by-laws, regulations, circulars and/or directives mutually applicable in accordance with the industry standards;
(g) that you shall at all times comply with all laws, by-laws and/or regulations in force and that you shall indemnify us in full from any action, damages, fines, costs as result of any breach of any laws, by-laws and/or regulations;
(h) that you have read, understood and agreed to all the terms and conditions herein contained whereby you hereby disclaim and waive all its rights, against us including our directors, shareholders, management, subsidiaries and/or any other parties related thereto arising pursuant to this Agreement and that you shall have no claims whatsoever against us including our directors, shareholders, management, subsidiaries and/or any other parties related thereto in any manner and/or capacity howsoever; and
(i) that you shall not in any event object, deny, query, dispute and/or in any manner challenge the terms and conditions of this Agreement which shall, for all intent and purposes, be deemed as the mutual intention between us and you as the Service User and that no rule of construction shall apply to our detriment by reason of us having control and/or was responsible for the preparation of this Agreement or any part thereof.
12.3 We shall neither be privy to any transaction entered between the Service Users nor be privy to any discrepancies occurred in relation thereto and that all responsibilities, liabilities, duties, work and/or any other matters relevant for the performance of the Proposed Work shall be between the Service User and the Professional Service User and that we shall have no involvement nor any interest therein in any manner and/or capacity whatsoever, save and unless otherwise agreed by us, you as the Service User and the appointed Professional Service User.
13. Disputes
13.1 Your interactions between Service Users, whether individuals, companies and/or organisations found on or through the Website, including payment, transaction and performance of any products, goods and/or services procured through the Services inclusive of the Proposed Work, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
13.2 You understand and acknowledge that in deciding whether to:
(a) engage and/or appoint a Professional Service User;
(b) provide goods, products and/or services in relation to any Proposed Work in favour of a Service User; or
(c) use any Information contained in the Website based on the contents submitted by the third parties including but not limited to the contents submitted by the other Service Users; is your personal decision, for which you are solely responsible. In furtherance to Clause 12 hereof, you understand that we do not and shall not make representations on the suitability of any Service User and/or other third party, the accuracy and/or the sufficiency of any Information contained in the Website and/or any other relevant matters or information that you may rely, interact, refer and/or use in any manner whatsoever pertaining to any Proposed Work and/or any other products, goods and/or services with, on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
13.3 In the event of any dispute between you and any other Service User, or where the circumstance permits, any other third party or user in relation to the Website, such dispute shall be resolved between you and such party in the said dispute and that we shall not have or hold any responsibility, liability or obligation in relation thereof and we shall not in any event be involved for any reasons whatsoever and should in any event otherwise, we shall have the right to claim for all losses and expenses incurred from you.
13.4 IN FURTHERANCE TO THE FOREGOING, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER SERVICE USER, OR WHERE THE CIRCUMSTANCE PERMITS, ANY OTHER THIRD PARTY OR USER IN RELATION TO THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT WE AND/OR THE WEBSITE IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
14. TERMINATION
14.1 We reserve the right at our sole discretion to immediately terminate your access to and use of the Website and Services without prior notice. Cause for such termination shall include without limitation:
(a) if you fail to comply with any of the terms of this Agreement;
(b) request by law enforcement, other government agencies or pursuant to a court order;
(c) failure to make payment of applicable subscription fee required for the usage of the Services;
(d) infringement of our intellectual property rights or those of third parties;
(e) by virtue of your engagement in any fraudulent, unlawful or illegal activities;
(f) discontinuance or material modification to the Website or Services or part thereof;
(g) unexpected technical, security or other problems beyond our control;
(h) extended duration of inactivity of your account;
(i) a request made by you (self-initiated account deletions);
(j) if you are declared insolvent or bankrupt;
(k) upon your death.
14.2 Termination of your account may include without limitation any of the following:
(a) removal of access or usage of any of the offerings within the Website or Services;
(b) deletion of your account and all related information, files and contents associated with or inside your account (or part thereof);
(c) prohibition of further access or usage of the Website or Services;
(d) infringement of our intellectual property rights or those of third parties;
(e) by virtue of your engagement in any fraudulent, unlawful or illegal activities;
(f) discontinuance or material modification to the Website or Services or part thereof;
(g) unexpected technical, security or other problems beyond our control;
(h) extended duration of inactivity of your account;
(i) a request made by you (self-initiated account deletions);
(j) if you are declared insolvent or bankrupt;
(k) upon your death.
14.3 You agree that all terminations for cause shall be made in our sole discretion and upon termination, your right to use the Website and Services immediately ceases. We shall not be liable to you or to any third party for such termination of your account, any associated email address or access to the Website and Services.
14.4 Where a paid subscription fee of the Website and Services is terminated, you understand that we shall be under no obligation to refund you the whole or any of part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity for loss of rights, goodwill or otherwise, as a result of the termination in accordance with the terms and conditions.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 The terms and conditions, constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements between you and us in relation to your use of our Website.
17.2 If any provision of the terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the terms and conditions, which shall remain in full force and effect.
18. No Partnership / Agency
18.1 This Agreement does not create, nor shall it in any circumstances be taken as having created, a partnership or joint venture between us and you.
18.2 No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions or your use of any part of the Website. You do not have any authority whatsoever to bind rekatone.com in any respect. All Service Users, or where the circumstance permits, any other third party or user in relation to the Website are independent of rekatone.com. Neither rekatone.com nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
18.3 You hereby acknowledge and agree that rekatone.com is not a party to any oral or written agreement for any Proposed Work or any agreement or contract entered into between the Service Users in connection with any Proposed Work offered, directly or indirectly, through the Services in the Website.
19. Governing Law
19.1 These terms and conditions shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.
20. No Guarantee
20.1 That by using our Services, it is hereby agreed and acknowledged by you that the Services rendered by us shall not be deemed as a guarantee and/or assurance for the procurement and/or award of any Proposed Work and/or any other products, goods and services in favour of you as the Service User, which in any event we shall not, in any manner and/or capacity, be liable and/or responsible for any damages, liabilities, costs, expenses, losses suffered by you whether directly or indirectly and that there shall be no recourse against us.
21. Use of Website
21.1 You hereby agree and acknowledge that all costs and expenses required to be expended by you for the purpose of utilising the Services for commercial opportunities shall be solely borne by you.
21.2 As a Service User utilising the Services for the purpose of requesting Proposed Work, we do not charge any usage fee.
21.3 That as Service User of the Website, you may be subject to review and ratings by other Service Users whereby we shall have the right to inspect such review and/or ratings and where it is deem fit by us, we may impose further conditions.
22. Language
22.1 The language used in connection with this Terms and Conditions shall be in English. In the event of any conflict or discrepancy between the English text of the provisions of this Terms and Conditions and any translation thereof, the English text shall prevail.
23. Our Details
23.1 This Website is owned and operated by Enotaker Technology Sdn Bhd (Company No. 1321155- A), a company registered under the Companies Act 2016, having its registered office at LOT 6.08, 6TH FLOOR, PLAZA FIRST NATIONWIDE NO. 161, JALAN TUN H.S. LEE 50000 KUALA LUMPUR W.P. KUALA LUMPUR MALAYSIA
23.2 If you have any questions about this Privacy Policy, please contact us by writing to the business address given above, or by using our Website contact form, or by email to info@rekatone.com or by telephone at +6010-9309332.
24. Governance
24.1 In alignment with Enotaker Technology Sdn Bhd, Rekatone abides by the core value of uncompromising integrity and exceptional performance. We commit to conducting business with zero tolerance to any forms of bribery and corruption.
24.2
Anti Bribery & Corruption Policies
24.3 If you have any questions about this Policy, please contact us by writing to the business address given above, or by using our Website contact form, or by email to info@rekatone.com or by telephone at +6010-9309332.
