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DEFINITION
Terms/Expressions |
Meaning |
Customer |
Means subscribers of GSM mobile phone network system and or a user of a wireless enabled device which is identified by a unique MSISDN number. |
Owner |
Customer who has registered, owns an myCar ™ account on the Website and Wapsite, activated his account |
Monthly Fees |
Monthly subscription charges imposed by iNavigate for using the Application Services. |
Application Services |
Mobile application develope+d by iNavigate Sdn. Bhd. For the sending and receiving of alerts, information etc. to be subscribed by the Customer to access and use the additional functionalities, information, data, images interactive applications and/or services over the Internet and mobile networks |
ACCEPTANCE OF TERMS OF USE
By accessing and using this website at www.32833.com("Website") or wapsite at www.32833.com/mycar(“Wapsite”), its content and Application Services you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website or Wapsite, its content and Application 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. These Terms and Conditions govern the use of mEye ™ Application Services provided by iNavigate and subscribed to by the Customer to access and use the additional functionalities, information data, images, videos, interactive applications and/or services over the internet, mobile networks and/or other networks, as the case may be.
COMPANY DESCRIPTION
iNavigate Sdn. Bhd. (Company No. 565708-X), hereinafter referred to as "iNavigate" is an MSC status company which is a regional mobile content and service provider for multimedia content and enterprise application integration. We developed the m-Apps™ technology for content management, enterprise application integration (EIA), mobile multimedia center and mobile commerce.
iNavigate offers digital content and Application 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 Application Services include but not limited to Java games, SMS games, songs, ringtones, operator logos, caller group icons, picture messages, screen savers, group messaging services, text based pull and push services, mobile applications such myCar™, news, directory listings, alerts and reminders, etc on to your wireless devices at the price specified by iNavigate from time to time.
iNavigate web portals include : www.32833.com , www.inavigate.com.my and www.meye.com.my . iNavigate WAP portals include: www.32833.com/wap, www.32833.com/mycar, www.32833.com/infowap and www.meye.com.my/wap.
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 or Wapsite, downloading content and Application Services or sharing of your personal information with our related and affiliated companies, or suppliers.
iNavigate is a licensed Application Services Provider (Class) by Malaysian Communications and Multimedia Commission(MCMC).
mEye™ and m-Aps™ are registered trademark of iNavigate Sdn. Bhd.
DESCRIPTION OF SERVICES
myCar™ is an innovative yet personal car assists servce that turns a mobile phone into a convenient and trusted driving companion. It allows a mobile user to obtain instant auto assistance whenever and wherever they need it. By using myCar™ , the drivers can access up to date car assists info/hotline, receive alerts regarding their vehicles(e.g double-parked, flat tyre etc) on their hand phones. Privacy of both parties is assured as the only info involved is the car plate numbers and not the MSISDN number. .
Content may only be accessed using the Application Services if all necessary pre-requisites are imposed by iNavigate are met, subject to change from time to time without further notice.
The ability of the Customer to access and use the Application Services is dependant on:
• The features and functionalities of the a Customer's mobile phone;
iNavigate does not represent, warrant or guarantee that the Application Services shall be error free and that the Customer's hardware, software or any equipment used to access and use the Application Services including the Customer's mobile phone will be able to access content over the internet or other networks.
The Customer agrees that iNavigate shall not be responsible or liable for any loss or damage incurred or suffered by the Customer or any other person by reason of or arising from or as a consequence of using the Application Services, or the Customer's inability to access or use, the Application Services, the content available via the Application Services or arising out of any action taken in response to or as a result of any information available via the Application Services.
USE OF SERVICES
Users shall not modify, resell, copy, distribute or use the Application 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 Application Services will be stated in the Website or Wapsite, marketing or communication materials of the Application Services. Use of the Application 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 Application Services. iNavigate shall not be responsible for any additional fees imposed by such parties for the use of the Application Services.
iNavigate reserves the right to change the fees imposed for the access or use of the Application Services at any time without prior notice. Any such changes will be reflected in the Website or Wapsite, 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 Application Services. In the event that you are unable to pay the fees for the access or use of the Application Services due to whatsoever reasons that include but not limited to insufficient funds on your mobile phone, you agree to permit iNavigate to charge the fees to you at any time later to recover the fees. In the case of services dedication to a third party recipient, iNavigate reserves the right to charge the fees for the access or use of the Application Services to the recipient of the services at any time in the event that iNavigate is unable to charge the fees to you as the sender.
By using the Application Services, you agree that iNavigate has your consent in sending marketing and promotional messages regarding the Application 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 Application Services may only be accessed through selected compatible wireless devices. Users are responsible to ascertain the compatibility of their wireless devices with the Application Services provided through compatibility tables provided in this Website. While iNavigate tries its 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 Application Services, before accessing or using the Application Services. iNavigate shall not be responsible for any incompatibility between the user's wireless device and the Application 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 Application Services at any time without prior notice. Such alterations are not limited to the availability of the Application 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 Application 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 or Wapsite 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.
COPYRIGHT NOTICE
This Website and Wapsite, its contents and Application 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 and Wapsite are the exclusive property of iNavigate or its content suppliers and protected by copyright. All software used on this Website and Wapsite is the property of iNavigate or its software suppliers and protected by copyright
TRADEMARK NOTICE
This Website and Wapsite, its content and Application 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, mEye™, m-Apps™, 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 and Wapsite, its content and the Application Services may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks without lawful owner's prior written permission.
THIRD PARTY
Links to third parties included within the Website or Wapsite 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 and Wapsite, its content and Application Services in a manner that may infringe the rights or restrict the use and enjoyment of the Website and Wapsite, 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 Application Services provided by iNavigate or this Website and Wapsite.
• iNavigate may in its absolute discretion delete or amend the Website and Wapsite, its content and Application 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 and Wapsite, its content and Application Services if is discovered that you have violated or attempted to violate any Term and Conditions contained herein.
SERVICE AGREEMENT
The Customer hereby agrees that:
SUBSCRIPTION AND ACTIVATION FEES
• The Customer shall pay the relevant fees and charges specified on the Website and Wapsite as imposed by iNavigate for monthly subscription to the Application Services and activation of his account and webcam.
• The Owner, can add/activate up to 5 cars
• The Owner can add /modify the car's details
• The Owner can send & receive alerts to move cars, to alert or to be alerted of lights left on .etc, emergency numbers, useful information, useful numbers and etc.
• TERMINATION OF SERVICE
When the Customer unsubscribes from the Application Services to terminate his subscription, the following shall apply:
OWNER
• The Owner will have access to his account and will be able to send & receive alerts until 30 days of his last payment. The “subscribe” link will not appear in the Wapsite until after 30 days of last payment.
• When the Customer's account has been suspended due to failed charges or failed payments, the Customer will have to re-subscribe to the Application Services.
PARENTAL CONSENT
Users below the age of 18 are required to obtain parental consent before accessing and use any of content and Application Services. iNavigate shall not be responsible for any unauthorized usage of the Application 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 and Wapsite, its content and Application 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 and Wapsite, its content and Application 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 and Wapsite, its content and Application Services must be terminated immediately.
This Website and Wapsite, its content and Application Services may be accessed throughout Malaysia and overseas. iNavigate, its related and affiliated companies make no representation that the content of this Website and Wapsite and Application Services complies with the laws (including intellectual property laws) of any country outside Malaysia . If you access this Website or Wapsite, its content and Application 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 and Wapsite, its content and Application 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 Application Services, content, information, services, products or materials included on this Website and Wapsite 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 and Wapsite 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 and Wapsite, its content and/or the Application Services.
iNavigate, its related and affiliated companies do not warrant that the functions contained in the material contained in this Website and Wapsite, its content and Application Services will be uninterrupted or error free, that defects will be corrected, or that this Website and Wapsite, its content and Application 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.
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DEFINITION
Terms/Expressions |
Meaning |
Customer |
Means subscribers of GSM mobile phone network system and or a user of a wireless enabled device which is identified by a unique MSISDN number. |
Owner |
Customer who has registered, owns an myCar ™ account on the Website and Wapsite, activated his account |
Monthly Fees |
Monthly subscription charges imposed by iNavigate for using the Application Services. |
Application Services |
Mobile application develope+d by iNavigate Sdn. Bhd. For the sending and receiving of alerts, information etc. to be subscribed by the Customer to access and use the additional functionalities, information, data, images interactive applications and/or services over the Internet and mobile networks |
ACCEPTANCE OF TERMS OF USE
By accessing and using this website at www.32833.com("Website") or wapsite at www.32833.com/mycar(“Wapsite”), its content and Application Services you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website or Wapsite, its content and Application 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. These Terms and Conditions govern the use of mEye ™ Application Services provided by iNavigate and subscribed to by the Customer to access and use the additional functionalities, information data, images, videos, interactive applications and/or services over the internet, mobile networks and/or other networks, as the case may be.
COMPANY DESCRIPTION
iNavigate Sdn. Bhd. (Company No. 565708-X), hereinafter referred to as "iNavigate" is an MSC status company which is a regional mobile content and service provider for multimedia content and enterprise application integration. We developed the m-Apps™ technology for content management, enterprise application integration (EIA), mobile multimedia center and mobile commerce.
iNavigate offers digital content and Application 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 Application Services include but not limited to Java games, SMS games, songs, ringtones, operator logos, caller group icons, picture messages, screen savers, group messaging services, text based pull and push services, mobile applications such myCar™, news, directory listings, alerts and reminders, etc on to your wireless devices at the price specified by iNavigate from time to time.
iNavigate web portals include : www.32833.com , www.inavigate.com.my and www.meye.com.my . iNavigate WAP portals include: www.32833.com/wap, www.32833.com/mycar, www.32833.com/infowap and www.meye.com.my/wap.
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 or Wapsite, downloading content and Application Services or sharing of your personal information with our related and affiliated companies, or suppliers.
iNavigate is a licensed Application Services Provider (Class) by Malaysian Communications and Multimedia Commission(MCMC).
mEye™ and m-Aps™ are registered trademark of iNavigate Sdn. Bhd.
DESCRIPTION OF SERVICES
myCar™ is an innovative yet personal car assists servce that turns a mobile phone into a convenient and trusted driving companion. It allows a mobile user to obtain instant auto assistance whenever and wherever they need it. By using myCar™ , the drivers can access up to date car assists info/hotline, receive alerts regarding their vehicles(e.g double-parked, flat tyre etc) on their hand phones. Privacy of both parties is assured as the only info involved is the car plate numbers and not the MSISDN number. .
Content may only be accessed using the Application Services if all necessary pre-requisites are imposed by iNavigate are met, subject to change from time to time without further notice.
The ability of the Customer to access and use the Application Services is dependant on:
• The features and functionalities of the a Customer's mobile phone;
iNavigate does not represent, warrant or guarantee that the Application Services shall be error free and that the Customer's hardware, software or any equipment used to access and use the Application Services including the Customer's mobile phone will be able to access content over the internet or other networks.
The Customer agrees that iNavigate shall not be responsible or liable for any loss or damage incurred or suffered by the Customer or any other person by reason of or arising from or as a consequence of using the Application Services, or the Customer's inability to access or use, the Application Services, the content available via the Application Services or arising out of any action taken in response to or as a result of any information available via the Application Services.
USE OF SERVICES
Users shall not modify, resell, copy, distribute or use the Application 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 Application Services will be stated in the Website or Wapsite, marketing or communication materials of the Application Services. Use of the Application 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 Application Services. iNavigate shall not be responsible for any additional fees imposed by such parties for the use of the Application Services.
iNavigate reserves the right to change the fees imposed for the access or use of the Application Services at any time without prior notice. Any such changes will be reflected in the Website or Wapsite, 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 Application Services. In the event that you are unable to pay the fees for the access or use of the Application Services due to whatsoever reasons that include but not limited to insufficient funds on your mobile phone, you agree to permit iNavigate to charge the fees to you at any time later to recover the fees. In the case of services dedication to a third party recipient, iNavigate reserves the right to charge the fees for the access or use of the Application Services to the recipient of the services at any time in the event that iNavigate is unable to charge the fees to you as the sender.
By using the Application Services, you agree that iNavigate has your consent in sending marketing and promotional messages regarding the Application 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 Application Services may only be accessed through selected compatible wireless devices. Users are responsible to ascertain the compatibility of their wireless devices with the Application Services provided through compatibility tables provided in this Website. While iNavigate tries its 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 Application Services, before accessing or using the Application Services. iNavigate shall not be responsible for any incompatibility between the user's wireless device and the Application 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 Application Services at any time without prior notice. Such alterations are not limited to the availability of the Application 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 Application 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 or Wapsite 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.
COPYRIGHT NOTICE
This Website and Wapsite, its contents and Application 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 and Wapsite are the exclusive property of iNavigate or its content suppliers and protected by copyright. All software used on this Website and Wapsite is the property of iNavigate or its software suppliers and protected by copyright
TRADEMARK NOTICE
This Website and Wapsite, its content and Application 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, mEye™, m-Apps™, 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 and Wapsite, its content and the Application Services may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks without lawful owner's prior written permission.
THIRD PARTY
Links to third parties included within the Website or Wapsite 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 and Wapsite, its content and Application Services in a manner that may infringe the rights or restrict the use and enjoyment of the Website and Wapsite, 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 Application Services provided by iNavigate or this Website and Wapsite.
• iNavigate may in its absolute discretion delete or amend the Website and Wapsite, its content and Application 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 and Wapsite, its content and Application Services if is discovered that you have violated or attempted to violate any Term and Conditions contained herein.
SERVICE AGREEMENT
The Customer hereby agrees that:
SUBSCRIPTION AND ACTIVATION FEES
• The Customer shall pay the relevant fees and charges specified on the Website and Wapsite as imposed by iNavigate for monthly subscription to the Application Services and activation of his account and webcam.
• The Owner, can add/activate up to 5 cars
• The Owner can add /modify the car's details
• The Owner can send & receive alerts to move cars, to alert or to be alerted of lights left on .etc, emergency numbers, useful information, useful numbers and etc.
• TERMINATION OF SERVICE
When the Customer unsubscribes from the Application Services to terminate his subscription, the following shall apply:
OWNER
• The Owner will have access to his account and will be able to send & receive alerts until 30 days of his last payment. The “subscribe” link will not appear in the Wapsite until after 30 days of last payment.
• When the Customer's account has been suspended due to failed charges or failed payments, the Customer will have to re-subscribe to the Application Services.
PARENTAL CONSENT
Users below the age of 18 are required to obtain parental consent before accessing and use any of content and Application Services. iNavigate shall not be responsible for any unauthorized usage of the Application 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 and Wapsite, its content and Application 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 and Wapsite, its content and Application 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 and Wapsite, its content and Application Services must be terminated immediately.
This Website and Wapsite, its content and Application Services may be accessed throughout Malaysia and overseas. iNavigate, its related and affiliated companies make no representation that the content of this Website and Wapsite and Application Services complies with the laws (including intellectual property laws) of any country outside Malaysia . If you access this Website or Wapsite, its content and Application 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 and Wapsite, its content and Application 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 Application Services, content, information, services, products or materials included on this Website and Wapsite 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 and Wapsite 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 and Wapsite, its content and/or the Application Services.
iNavigate, its related and affiliated companies do not warrant that the functions contained in the material contained in this Website and Wapsite, its content and Application Services will be uninterrupted or error free, that defects will be corrected, or that this Website and Wapsite, its content and Application 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.
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