TERMS OF USE

Last update 2nd Mar 2021

JWW Consultancy & Technology Sdn. Bhd. (referred to as “we”, “us” or “our” in these Terms of Use). By accessing our Website www.sense.my and/or the services made available on or via the Site, you accept and agree to be legally bound by and abide by these Terms of Use. These Terms of Use along with our Privacy Policy, Cookies Policy, Acceptable Use Policy and any additional guidelines, terms, procedures or rules set out the legally binding terms governing your access and use of the Site and its services. If you do not want to agree to these Terms of Use, you must not access or use the Site or its services.

1. PROPRIETARY RIGHTS

We own, solely and exclusively, unless otherwise agreed by a third party, all rights, title and interest (including without limitation, copyrights, company name rights, trademarks and design rights) in and to the Site, all the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, graphics, logos, widgets, other visuals, video and software) functionality, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design, organisation of the Site, and the compilation and organisation of the Site, including but not limited to any copyrights, company name rights, trademarks, design rights, patent rights, database rights and other intellectual property or proprietary rights therein. Your use of the Site does not grant you ownership, title or interest in or to any Site Content or any other part or the Site and it does not grant you any license to use or display the same except as expressly authorised by us.

All materials on the Site and the Site itself are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by us or used with the permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, videos, audios, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.

The name, company name and trademark SENSE and the SENSE logos and all other SENSE-related marks or other marks belonging to us depicted in this Site, whether registered or unregistered, are our exclusive property. All rights are reserved, worldwide.

You shall not, without our express authorisation, use, publish, manipulate, distribute or otherwise reproduce, print, copy, download, in any format, the Site, the Site Content or any part or feature thereof for any reason other than for your personal and non-commercial use. If you are found to have breached these Terms of Use, your right to access and use the Site will cease immediately.

Any use of the Site not expressly permitted by these Terms of Use constitutes a breach and your right and access to use the Site will cease immediately.

2. ELIGIBILITY

By using the Site or its services, you represent, warrant and undertake that you are over eighteen (18) years of age. If you are under eighteen (18) years old, you may not use or access the Site by yourself in any manner. If you are a parent or guardian of a minor who has registered for or used the Site without your consent,please contact us at enquiry@sense.my

3. PERSONAL DATA

We may collect your personal data when you access the Site or use the services on the Site. We will use your information in accordance with our Privacy Policy. The Privacy Policy is accessible here. By accessing or using the Site, you agree to the terms of the Privacy Policy.

4. USER ACCOUNT/PROFILE

You may be required to create an account or set up a user profile in order to access and use the Site or obtain certain functions and services of the Site. You must submit only information which is accurate and true. You are responsible for maintaining the confidentiality of your username, password and other credentials and agree to never allow another person or entity to access your account or profile using your username or password at any time. You must also keep your information up to date by updating the relevant information in your account or user profile.

You shall not impersonate another person or entity or forge your identity to access or use the Site.

We are not responsible for any misuse of your username, password or other account information you have provided to us by any third party, whether authorised by you or not. We are not responsible or liable for any loss or damage resulting from the misuse or unauthorised use of your username, password or other account information or for your failure to follow the requirements set out in these Terms of Use.

5. COMPATIBILITY, AVAILABILITY OF AND MODIFICATION TO THE SITE AND SITE CONTENT

While we strive to always ensure that the Site is supported by and compatible with commonly used devices and models in the market, you understand that different models or versions of routers, browsers and devices may have firmware or settings that may incompatible with the Site and we do not warrant compatibility of the Site with specific mobile devices or other hardware.

We do not guarantee that the Site or Site Content will always be made available to you. We reserve the right to change, modify, edit, suspend or discontinue the Site, Site Content or any part or feature thereof at any time without notice to you. You acknowledge and agree that we will not be liable to you or to any third party howsoever arising for any change, modification, edit, suspension or discontinuance of the Site, the Site Content or any part or feature thereof.

6. USE OF THE SITE

You shall not access and use this Site, the Site Content or its services or allow others to access and use the Site, Site Content or its services for any purpose which violates the terms of the Acceptable Use Policy, which forms part of these Terms of Use. Any use of the Site not expressly permitted by these Terms of Use and the Acceptable Use Policy constitutes a breach, and we reserve the right to take any and all steps available to us, including suspending or terminating your access to and use of the Site or seeking other legal or equitable remedies.

7. THIRD PARTY CONTENT OR LINKS

We are not responsible for any content of or links to third party websites, apps or other services, including social media platforms which may be contained on the Site. You are advised to review and agree to the respective third party’s applicable Terms of Use.

8. DISCLAIMER OF LIABILITY

There are no guarantees, conditions or warranties as to the accuracy, completeness, suitability or validity of the Site Content. The use of and reliance on the Site, the Site Content is at your own risk. Unless expressly stated otherwise and to the fullest extent permitted by law, we and our third party content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use, performance or failures of the Site and the Site Content, loss of business or lost sales, profits or goodwill, irrespective of whether such damages were reasonably foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Nothing in these Terms of Use excludes our liability for death or personal injury arising from negligence or any other liability which cannot be excluded or limited under applicable laws.

9. INDEMNITY

You agree to indemnify, defend and hold us harmless from any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Site, including but not limited to any use of the Site Content or services other than as expressly authorised in these Terms of Use or your use of any information obtained from the Site.

10. SEVERABILITY OF CLAUSES

If one or more of the provisions in these Terms of Use are deemed or declared null and void, unenforceable or illegal by a court of competent jurisdiction, such provision shall to the extent be required to be modified in such a way that it is deemed legal, valid or enforceable to the maximum extent permitted by law. The legality, validity and enforceability of the other terms herein shall remain unaffected.

11. WAIVER

No waiver by us of any of the terms in these Terms of Use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure or delay by us to assert a right under these Terms of Use shall not constitute a waiver of such right or extend to or affect any other subsequent right or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms of Use.

12. ENTIRE AGREEMENT

These Terms of Use (including the Privacy Policy, Cookies Policy and Acceptable Use Policy) constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements, representations and arrangements, whether oral or in writing, between us.

13. ASSIGNMENT

You may not assign, sublicense or transfer your rights or obligations under these Terms of Use or part thereof. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

14. RELATIONSHIP

Nothing in these Terms of Use shall constitute or create a partnership, joint venture, a principal-agent relationship or an employer-employee relationship between us, nor does it authorise you to incur any costs or liabilities on our behalf.

15. THIRD PARTY RIGHTS

A person who is not a party to these Terms of Use shall not acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Use its agreement or consent to any such term.

16. APPLICABLE LAW

These Terms of Use shall be governed and construed in accordance with the laws of Malaysia and both we and you agree to irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

17. CHANGES TO THESE TERMS OF USE

We reserve the right to amend the terms of these Terms of Use at our absolute discretion at any time. Any amended Terms of Use will be posted on the Site and will take immediate effect. You are expected to check these Terms of Use from time to time to take notice of any changes we have made as they are binding on you. Your continued use of the Site and/or the services made available on or via the Site following any amendment of these Terms of Use will signify your consent to and acceptance of its revised terms.