Term of Use

ACCEPTANCE OF TERMS OF USE

iNavigate Sdn. Bhd. (Company No. 565708-X), hereinafter referred to as "iNavigate" is a aggregator and distributor of mobile content and services. By accessing and using this website ("Website"), its content and Services (as hereinafter defined) you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website, its content and Services. iNavigate reserves the right to change these Terms and Conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By using this Website, its content and the Services you agree in advance to accept any changes. If you do not agree to these Terms and Conditions, please DO NOT use the Website, its content and the Services.

Under the Terms, iNavigate offers users the ability to (i) use the Site; (ii) download and/or purchase content; (iii) participate in forums and chats; and (iv) provide feedback to iNavigate. By using the Site, you agree to be bound by these Terms, including but not limited to your agreement to limit/exclude damages and remedies, and accept Malaysia law and Malaysia jurisdiction over any disputes arising between you and iNavigate.

DESCRIPTION OF SERVICES

iNavigate offers digital content and Services that are accessed, previewed, downloaded and/or used through wireless devices such as mobile phones or PDAs via Short Message Service ("SMS") or WAP or Multimedia Messaging Service (“MMS”). The content and Services include but not limited to Java games, SMS games, songs, ringtones, operator logos, caller group icons, picture messages, screen savers, themes, group messaging services, text based pull and push services, mobile applications such as groupChat™, iDateU™, myCar™, news, directory listings, alerts and reminders, etc on to your download compatible wireless devices at the price specified by iNavigate to you (“Services”) from time to time.

USE OF SERVICES

Users shall not modify, resell, copy, distribute or use the Services for any other purpose other than for its intended purpose of use without prior permission from iNavigate. Any fees imposed by iNavigate for the use of the Services will be stated in the Website, marketing or communication materials of the Services. Use of the Services constitutes an acceptance to the fees imposed by iNavigate. The user shall be responsible for any additional fees imposed by third party Services enablers including but not limited to mobile network operators or internet service providers for the use of the Services. iNavigate shall not be responsible for any additional fees imposed by such parties for the use of the Services.

iNavigate reserves the right to change the fees imposed for the access or use of the Services at any time. Any such changes will be reflected in the Website, marketing or communication materials of the Services. Users are responsible to lookout for such changes. User's access or use of the Services after such changes constitutes an acceptance of the modified fees imposed for any of the Services.

By using the Services, you agree that iNavigate has your consent in sending marketing and promotional messages regarding the Services to you from time to time a stipulated under Use of Personal Information below.

In order to provide a good level of user experience, some Services may only be accessed through selected compatible wireless devices. Users are responsible to ascertain the compatibility of their wireless devices with the Services provided through compatibility tables provided in this Website. While iNavigate tries it best to update such compatibility tables on a timely basis, users are advised to contact iNavigate when a selected wireless device is not listed in the compatibility tables or when users are in doubt in regard to the compatibility of their wireless devices with the Services, before accessing or using the Services. iNavigate shall not be responsible for any incompatibility between the user's wireless device and the Services, unless due to any oversight or error in the compatibility tables provided by iNavigate.

Notwithstanding any other terms and conditions, iNavigate reserves the right to annul or alter any element of the Services at any time without prior notice. Such alterations are not limited to the availability of the Services, their mechanics or pricing structure. Unless explicitly stated, any such alteration will be subject to the Terms and Conditions as stated herein. iNavigate retains the right to close or annul the Services in whole or in part, at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation, or any other event deemed reasonable by iNavigate at its absolute discretion which shall not be questioned in any manner whatsoever.

USE OF PERSONAL INFORMATION

Any personal information you provide to iNavigate through your wireless devices or on this Website is maintained and accessible by iNavigate, its related companies or affiliates. iNavigate may use this information to offer you the opportunity to receive messages or notices regarding other content, products or services of iNavigate, its related and affiliated companies and to further personalize your iNavigate experience. iNavigate may also use this information to send materials to you for marketing purposes, but iNavigate will take commercially reasonable steps to safeguard the information from unauthorised access. iNavigate will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.

GRANT OF LICENSE AND RESTRICTIONS

In accordance with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site only for the purposes of downloading and/or purchasing content, accessing information and Applications, and posting, uploading and distributing content to and through the Site in accordance with these Terms. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. You may not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Applications; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, create derivative works, or publicly display any Application or content from the Site without prior written permission from iNavigate or the appropriate third party; (e) alter or modify the copyright notices and any other proprietary legends that appear on the Site; or (f) access the Site by any means other than through the interface that is provided by us.

AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY

Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing."

SUSPENSION, TERMINATION OR CANCELLATION

Suspension, Termination or Cancellation. iNavigate may suspend, cancel or terminate your registration, block your use of the Site, or direct you to cease using the Site, if we believe in good faith that you or a related person has breached or may breach these Terms

YOUR REPRESENTATIONS AND WARRANTIES

Your Representations and Warranties. You represent and warrant for the benefit of iNavigate, its affiliates and any third parties mentioned on the Site that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site; and (e) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site.

NO WARRANTIES

"As Is." THE SITE, CONTENT AND PRODUCTS OFFERED AT THE SITE, AND THE APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. INAVIGATE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. INAVIGATE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL.

DANGEROUS ACTIVITIES

Dangerous Activities. INAVIGATE DOES NOT RECOMMEND USE OF ITS GAMES OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE THERE EXISTS A SIGNIFICANT RISK OF ACCIDENT. YOU AGREE NOT TO USE INAVIGATE'S GAMES OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND INAVIGATE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.

This Website, its contents and Services including but not limited to text, graphics, images, logos, button icons, audio and video clips, and software are owned or controlled for these purposes by iNavigate or its content suppliers and are protected by copyright, trade marks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content and Services on this Website are the exclusive property of iNavigate or its content suppliers and protected by copyright. All software used on this Website is the property of iNavigate or its software suppliers and protected by copyright

TRADEMARK NOTICE

This Website, its content and Services include registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word iNavigate, and iNavigate logo, m-Apps™, GroupChat™, iDateU™ and myCar™. Unless otherwise indicated, they are owned by iNavigate Sdn Bhd, and may be the subject of rights in other countries.

You may not use such trademarks or names, except as permitted in these Terms and Conditions or otherwise with the lawful owner's prior written permission.

This Website, its content and the Services may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks without lawful owner'sprior written permission.

THIRD PARTY

Links to third parties included within the Website or otherwise are not under the control of iNavigate and iNavigate is not responsible for the contents for any linked site, or any link contained in a linked site, or any changes or updates to such sites. iNavigate is not responsible for web casting or any other form of transmission received from any linked site. iNavigate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iNavigate of the site or any association with their operators. Any dealings with Advertisers on the website or any related iNavigate site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions and warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. iNavigate shall not be responsible for any part of any such dealings or promotions. iNavigate is not responsible for any unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. Further, iNavigate is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. iNavigate is not responsible for any content sent using and/or included in the website by any third party.

iNavigate is a licensed authorized distributor and reseller of content, products and services by third parties. The ownership, title, intellectual property rights, copyrights, design rights, trade secrets of such content and products belong to their respective third party owners. Any trademarks, service marks, design marks, symbols, logos and/or other indicia of source owned or used under license by the third parties, and all goodwill associated therewith.

USER CONDUCT

You further undertake NOT to use the Website, its content and Services in a manner that may infringe the rights or restrict the use and enjoyment of the Website, its content and Services by any third party, or for any purpose that is unlawful or prohibited under the Terms and Conditions as stated herein and this includes but not limited to:

conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation;

use of material in a manner which infringes any copyright, trademark or any intellectual property right;

use of material protected by trade secret without due authorization;

impersonating any person or entity including but not limited to an iNavigate official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;

monitoring without authority data or traffic on any network or system;

using or attaching any viruses, trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on iNavigate's system(s);

circumventing any user authentication or security of any host, network or account (cracking or hacking); and

reproduce, duplicate, copy, resell or exploit for any commercial purpose or otherwise, any part of the content and Services provided by iNavigate or this Website.

iNavigate may in its absolute discretion delete or amend the Website, its content and Services and remove or refuse anything that violates the above acceptable use. iNavigate reserves the right to investigate potential abuses and iNavigate will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. iNavigate further reserves the right to suspend or terminate your account or right to access the Website, its content and Services if is discovered that you have violated or attempted to violate any Term and Conditions contained herein.

PARENTAL CONSENT

Users below the age of 18 are required to obtain parental consent before accessing and use any of content and Services. iNavigate shall not be responsible for any unauthorized usage of the Services by minors without parental consent.

INDEMNIFICATION

You agree to indemnify and hold iNavigate, its related and affiliated companies, suppliers, officers and employees, and any authorised representatives harmless from any claims, demands, costs, expenses and damages, including reasonable solicitors' fees on a full indemnity basis, asserted by any third party due to or arising out of your use of or conduct on this Website, its content and Services

MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Website, its content and Services shall be exclusively subject to the jurisdiction of the courts of Malaysia.

If these Terms and Conditions are not accepted in full, the use of this Website, its content and Service must be terminated immediately.

This Website, its content and Services may be accessed throughout Malaysiaand overseas. iNavigate, its related and affiliated companies make no representation that the content of this Website and Services complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website, its content and Services from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

DISCLAIMER

Notwithstanding anything contrary to these Terms and Conditions, this Website, its content and Services, the information, names, images, pictures, logos, audio and icons regarding or relating to iNavigate, its products and services or to third party products and services, is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. iNavigate, its related and affiliated companies disclaim and exclude all warranties relating to the Services, content, information, services, products or materials included on this Website including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall iNavigate, its related and affiliated companies, their respective agents and representatives, suppliers, vendors or merchants who have a presence on this Website be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Website, its content and/or the Services.

iNavigate, its related and affiliated companies do not warrant that the functions contained in the material contained in this Website, its content and Services will be uninterrupted or error free, that defects will be corrected, or that this Website, its content and Services and the server (s) that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

iNavigate

iNavigate recognise that you are a unique individual with your own distinct preferences. Our aim is to provide you with information and services which are most relevant to you. In order to achieve this, we need to get to know you and collect information to understand what differentiates you from each of our other users. We may collect information about you by ways of registration data or ‘cookies’ when you visit the Website, downloading content and Services or sharing of your personal information with our related and affiliated companies, or suppliers.