USER TERMS AND CONDITIONS

By using this website , mobile app and/or web application (as the case may be) (“ODESI Platform”), you acknowledge and agree to be bound by the following terms of use and any instructions, policies or guidelines referenced herein (the “Terms and Conditions”).  If you are accepting the Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so on behalf of such entity. If you do not accept the Terms and Conditions, then please do not use ODESI Platform.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AND CHECK THEM PERIODICALLY.  THE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO ODESI PLATFORM.  ALL SUCH CHANGES WILL BE BINDING UPON YOU AS OF THE REVISED EFFECTIVE DATE. YOU MAY NOT AMEND OR MODIFY THE TERMS AND CONDITIONS UNDER ANY CIRCUMSTANCES.  YOUR CONTINUED USE OF ODESI PLATFORM AFTER ANY SUCH CHANGE IS POSTED TO ODESI PLATFORM WILL BE CONSIDERED YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, THEN DO NOT USE ODESI PLATFORM. 

1. GENERAL

ODESI Platform belongs to Odesi Ecob Sdn Bhd (“Odesi”, “we”, “our” or “us”). Odesi reserves the right to withdraw or amend ODESI Platform, and any service or content provided on ODESI Platform. Odesi will not be liable if for any reason all or any part of the ODESI Platform is unavailable at any time for any reason. Odesi may terminate, suspend or discontinue any aspect of ODESI Platform at any time, without notice or liability.

Certain areas of the ODESI Platform may require you to register, setup an account or may otherwise ask you to provide information, including personal information, to participate in certain features or to access certain content. The decision to provide any of your information is purely voluntary and optional; however, if you elect not to provide us with certain information, you may not be able to access certain content or participate in certain features of ODESI Platform. If you are under the age of 18, you may not register or setup an account. You represent and warrant to us that all of the information and data provided by you is accurate and truthful in all respects.

If you create an account on ODESI Platform, you agree to grant us a non-exclusive license to use the materials or information that you submit to ODESI Platform and you are be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You also agree to notify Odesi of (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms and Conditions. If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.

2. USE OF ODESI PLATFORM

Odesi grant you a non-transferable and revocable license to use ODESI Platform, subject to these Terms of Use strictly for the purposes granted to you confined to the type of user account which you intend to create on ODESI Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

Content provided on ODESI Platform is solely for informational purposes. Service representations expressed on ODESI Platform are those of the merchant and are not made by us. Submissions or opinions expressed on ODESI Platform are those of the individual posting such content and may not reflect our opinions.

3. ODESI’S RIGHTS

Odesi reserves the right to make any alteration or changes to ODESI Platform or any part thereof, or suspend ODESI Platform, or any part thereof without prior notice and Odesi shall not be liable for any loss or inconvenience to you resulting therefrom.

Odesi reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions or any part thereof. You will be given written notice of such amendments. Your continued use of ODESI Platform after the effective date of any variation, addition or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.

Unless otherwise notified by you, you agree that Odesi may send you notifications relating to promotional and marketing activities from time to time.

Odesi may extract any Personal Information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Sit.

4. LINKS TO THIRD-PARTY WEBSITES

ODESI Platform may provide links to certain Internet sites sponsored and maintained by third parties. Odesi is providing such links solely as a convenience to you. Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of ODESI Platform Accordingly, Odesi makes no representations concerning the content of the Third-Party Websites.

The fact that Odesi has provided a link to the Third-Party Website does not constitute an endorsement, authorization, sponsorship, or affiliation by Odesi with respect to the Website, its owners, or its providers. Odesi has not tested any information, software, or products found on any of the Third-Party Websites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of ODESI Platform, or the suitability or appropriateness of the products or transactions described therein.

Odesi accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Odesi cannot be held responsible for any subsequent change in other websites to which we provide a link. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

5. DISCLAIMER AND LIMITATION OF LIABILITY

ODESI Platform and all content, and functionality included on or otherwise made available to you through ODESI Platform, are provided to you on an "as is" and "as available" basis. Odesi does not warrant that the content of ODESI Platform is accurate, complete, reliable, current, or error-free. Neither Odesi nor its third-party providers make any representations or warranties of any kind, express or implied, as to the operation or availability of ODESI Platform or content, the security of any data, content or information provided by you or functionality included on or otherwise made available to you through ODESI Platform. The content on ODESI Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You expressly agree that your use of (or inability to use) ODESI Platform or submission of information, is at your sole risk.

To the full extent permissible by applicable law, Odesi disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose. Odesi does not represent or guarantee that ODESI Platform will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Odesi disclaims any liability relating thereto. In no event will the Indemnitees (as defined below) be liable, and you hereby waive any claim against the Indemnitees and release the Indemnitees from any liability for any loss or damages of any kind arising from (a) the use of ODESI Platform, (b) any content or functionality included on or otherwise made available to you through ODESI Platform, (c) any actions Odesi takes or fails to take as a result of communications you send to Odesi, or (d) the delay or inability to use ODESI Platform; including all direct, indirect, incidental, punitive, exemplary and consequential damages, whether under contract, law, tort (including negligence and strict liability), or otherwise, even if Odesi has been advised of the possibility of damages. At Odesi’s option, Odesi may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce the terms of use and/or actions for damages.

Your sole and exclusive remedy for any of the above claims or any dispute with Odesi related in any way to the use of ODESI Platform is to discontinue your use of ODESI Platform.

6. INDEMNIFICATION

You will indemnify and hold harmless Odesi and its affiliates, and our or their respective directors, officers, employees, agents, representatives, licensors and third party providers (collectively, the “Indemnitees”), on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the Odesi Indemnitees, and shall defend the Indemnitees against:-

(a) all claims arising out of or relating to your use of ODESI Platform, including that any submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of ODESI Platform or the Terms and Conditions, or use thereof by any Indemnitee, infringes, misappropriates or otherwise violates any trademark, trade secret, patent, copyright or other intellectual property right or proprietary right of a third party;

(b) all claims arising out of or relating to fraud committed by, or the intentional misconduct or gross negligence of, you; and

(c) all claims arising out of or relating to your failure to comply with, or breach by you of, any provision of the Terms and Conditions. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Indemnitees.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this section and, in such case, you agree to pay for all costs and expenses arising out of or relating to such defence and to cooperate with us in the defence of such matter, at your sole cost and expense.  

This indemnity survives termination of these Terms and Conditions.

7. FORCE MAJEURE

Without limiting the generality of any provision in these Terms and Conditions, Odesi shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Odesi has no control over or any cause outside Odesi’s reasonable control.

8. ENFORCEABILITY

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

These Terms and Conditions shall be subject to any other agreements you have entered into with Odesi.

9. INDULGENCE AND WAIVER

Any failure by Odesi to enforce any terms herein, or any forbearance, delay or indulgence granted by Odesi to you will not be construed as waiver of the Odesi’s rights provided under this Agreement.

10. DATA PROTECTION

You acknowledge that you are aware and give your consent to Odesi that the information collected by Odesi from you (“Personal Information”) will be used and/or disclosed in accordance to the Personal Data Protection Act 2010.

11. SUSPENSION AND TERMINATION

Odesi shall be entitled at its absolute discretion to immediately suspend your access to ODESI Platform, without liability, at any time, without any notice and may not be required to give any reason whatsoever, including but not limited to the following reasons:

(a) if any technical failure occurs in ODESI Platfom or the Odesi’s system;

(b) while ODESI Platform is being upgraded, modified or maintained;

(c) if you breach any of the Terms and Conditions;

(d) if you do anything which may in Odesi's opinion, lead to, including but not limited to damage to ODESI Platform and/or the Odesi’s system or losses to Odesi;

(e) if Odesi is required to comply with an order, instruction or request of regulatory authority, government authority or any other competent authority; or

(f) if it is in Odesi's opinion that ODESI Platform or Odesi’s system is or may be used fraudulently, illegally or for unlawful purposes.

12. APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.