This Terms of Service (“Agreement”) describes the terms and conditions on which we grant to an End User (“You” or “User”) access to Kabel App (“Kabel” or “App”) or other related services, which includes kabel.my (the “Website”). In this Agreement, the terms (“us” or “we” or “our”) refer to Talent in Motion Sdn Bhd (or the “Company”). Kabel App is part of the Company.
2. Participation Agreement
If any provision of this Participation Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Participation Agreement.
3. Copyrights and Ownership
All content on the App and Website, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Kabel content (collectively, "Kabel Content"), are protected by copyright under Malaysian laws. Unauthorised use of Kabel Content may violate copyright, trademark, and other laws. You may not sell or modify the Kabel Content or reproduce, display, publicly perform, distribute, or otherwise use the Kabel Content in any way for any public or commercial purpose in connection with products or services that are not those of Kabel, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Kabel's intellectual property rights. All other trademarks are the property of their respective owners. All of Kabel’s content is Copyright 2020 Talent in Motion Sdn Bhd All rights reserved.
We do not claim ownership of any materials you make available through the App. With respect to any materials you submit or make available for inclusion on the App, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant us the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. We will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
4. Acceptable Use
We require you to agree not to use the App and specifically prohibit any use of the App, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the our network security, or attempting to use our service to gain unauthorized access to any other computer system.
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
Reverse engineer, decompile, dis- and/or reassemble, or change, alter, modify App, or create derivative works, enhancements, extensions or add-ons to/of any part of the App.
Incorporate Kabel Content into another database, search engine or networked computer environment of any kind.
You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to us. You understand that the we do not conduct any background check on you and others, or otherwise inquire into the background of you and others for the App. We make no representations or warranties as to the conduct of you and others.
Though we strive to encourage a respectful member experience through features like the double opt-in that allows you and others to communicate only after you have both indicated interest in one another, we are not responsible for the conduct of any member on or off of the App. You agree to use caution in all interactions with others, particularly if you decide to communicate off the App or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to others.
5. Term and Termination
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination. Upon any expiration or termination of this agreement, the rights and licenses granted to you under this agreement shall immediately terminate, and you shall immediately cease using, and will return to us (or, at the our request, destroy), the App, Kabel content, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information. The rights and obligations of the parties set forth in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination or expiration of this agreement for any reason.
6. Disclaimer of Warranties
We endeavour to provide as best as we can, but you understand and agree that the App is provided “AS IS” and “AS AVAILABLE”, without express or implied warranty or condition of any kind. You use the App at your own risk. To the fullest extent permitted by applicable law, Kabel and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Kabel nor any owner of content warrants that Kabel is free of malware or other harmful components. In addition, Kabel makes no representation nor does it warrant, endorse, guarantee or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the App or any hyperlinked website, or featured in any banner or advertising. You understand and agree that Kabel is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the App. As with any purchase of a product or service through any medium or in any environment, you should use your judgement and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Kabel shall create any warranty on behalf of Kabel in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited applicable law.
7. Limitation of liability
Our company, directors, shareholders, predecessors, successors in interest, affiliates, employees, subsidiaries, licensors or service providers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the App or inability to use the App; (b) your access to or inability to access the App; (c) the conduct or content of other users or third parties on or through the App; or (d) unauthorised access, use or alteration of your content. In no event will Kabel or their affliates’ aggregate liability for all claims relating to the App.
During your participation in the App, we are not obligated to provide you with any maintenance, technical or other support for the App. If at our option, such support is provided. it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that we provide to you in order to receive such support.
9. International Use
We control and operate the App from Malaysia. We make no representation that materials on the App are appropriate or available for use outside Malaysia. If you choose to access this App from outside Malaysia, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.