GREEMENT TO TERMS

These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Engenious Solutions Sdn Bhd., (“Engenious“, “we”, “us”, or “our”), concerning your access to and use of the https://engenious.com.my website as well as any other media form, media channel, mobile website, software, hardware, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree, on behalf of yourself and any person or entity for whom you use the Site or purchase Products (as defined below), that by accessing the Site or creating an account on the Site, you

 

(i) represent that you are eighteen (18) years of age or older and have the capacity to read and understand these Terms,

 

(ii) represent and warrant that you have read and understood these Terms and our Privacy Policy and

 

(iii) agree to be bound by all of these Terms.

 

IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all source code, databases, functionality, inventions, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. No right, title, or interest in or to the Site or any Content contained therein is transferred to you, and all rights not expressly granted herein are expressly reserved by Engenious.

 

Provided that you are eligible to use the Site, you are granted a limited, personal, non-commercial, non-transferable, non-sublicensable, revocable, non-exclusive license to access and use the Site in object-code form for its intended purpose. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

Suppose you violate any of the preceding restrictions. In that case, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of materials you have made.

 

 

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

 

(a) all registration information you submit will be true, accurate, current, and complete;

 

(b) you will maintain the accuracy of such information and promptly update such registration information as necessary;

 

(c) you have the requisite authority and legal capacity to enter into these Terms of Use and you agree to comply with these Terms of Use;

 

(d) you are not a minor in the jurisdiction in which you reside;

 

(e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

 

(f) you will not use the Site for any illegal or unauthorized purpose; and

 

(g) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

 

 

USER REGISTRATION

You may be required to provide certain registration details, including a valid email address and password, or other information to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any identifier you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise violates these Terms of Use.

 

 

 

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available for sale on the Site from time to time (the “Products”). However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.

 

Engenious warrants that the Products will substantially function in conformance with their written specifications, except where any non-conformance arises from (a) ordinary wear-and-tear, or (b) your failure to comply with these Terms (the “Limited Warranty”). This Limited Warranty will go into effect with respect to any Product as of the date such Product is purchased and up until: (a) the date that is twenty-four (24) months after the date such Product is purchased, (b) your breach or violation of any obligation or restriction under these Terms, or (c) your disassembly or modification of any Product without Engenious’s prior written consent (the “Warranty Period”). The Limited Warranty excludes damage resulting from abuse, accident, modifications, unauthorized repairs, or other causes that are not defects in materials and workmanship.

 

If a defect arises during the Warranty Period, Engenious, at its option, will (a) repair the product at no additional charge to you, (b) exchange the Product with a new Product or with a used Product of equivalent functionality, or (c) refund the original purchase price. To the fullest extent permitted by law, the foregoing constitutes your sole remedies in connection with any breach or violation of the Limited Warranty.

 

Engenious does not warrant, represent or undertake that it will be able to repair or replace any Product under the Limited Warranty without risk to or loss of information or data stored in connection with the Product. In no event shall Engenious be liable for loss or damage caused by factors beyond Engenious’s reasonable control.

 

To obtain warranty service, contact Engenious at hello@engenious.com.my at any time during the Warranty Period. Proof of purchase may be required to verify eligibility. All claims made under the Limited Warranty will be governed by the terms set out in this Section.

 

 

 

PURCHASES AND PAYMENT

All purchases through the Site or other transactions for services are governed by these Terms of Use.

 

RETURN POLICY

All sales are final and no refund will be issued except where prohibited by law.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

 

  1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.

 

  1. Use the Site to advertise or offer to sell goods and services.

 

  1. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

 

  1. Engage in unauthorized framing of or linking to the Site.

 

  1. Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.

 

  1. Make improper use of our support services or submit false reports of abuse or misconduct.

 

  1. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

 

  1. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

 

  1. Attempt to impersonate Engenious, a Engenious employee, another user, or any other person or entity.

 

  1. Sell or otherwise transfer your profile.

 

  1. Use any information obtained from the Site in order to harass, abuse, or harm another person.

 

  1. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

  1. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

 

  1. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

 

  1. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

 

  1. Delete the copyright or other proprietary rights notice from any Content.

 

  1. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

 

  1. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

 

  1. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

 

  1. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

 

  1. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

 

  1. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

 

 

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to trademarks, trade dress, logos, designs, slogans, text, writings, reviews, survey responses, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

 

 

HOW CAN YOU CONTACT US ABOUT THESE TERMS AND CONDITIONS?

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: hello@engenious.com.my or by post to:

 

Engenious Solutions Sdn Bhd

No 25, Level 1, Jalan Serendah 26/41

Sekitar 26, Seksyen 26

40400 Shah Alam

Selangor

Malaysia