PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1.1 You hereby represent and warrant that:
(i) you have read and agree to these User Conditions;
(ii) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these User Conditions;
(iii) you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site or using the Services and such entity agrees to be bound by these User Conditions; and
(iv) all of the information provided by you to 701Panduan (including without limitation personal particulars and contact information) is accurate and complete.
1.2 701Panduan reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service or Site at any time. 701Panduan may also impose limits on certain features or restrict your access to parts or the entire Service or Site without notice or liability.
1.3 701Panduan may from time to time vary or amend these User Conditions by posting the amended User Conditions at this Site. Any use of the Service after the amendment of these User Conditions will be deemed to be acceptance of the amended User Conditions by you. If you do not agree to the amended User Conditions, you have the right to cease using the Services.
2.1 "Agreement" means the agreement formed by these User Conditions.
2.2 "Computer" means the personal computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
2.3 "Content" means search results, search links, directory listings, materials, information, news, advertisements, maps, data, online hotel reservation, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
2.4 "Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
2.5 "Service" is defined in Clause 3.2.
2.6 "Site" means the 701pages website currently located at www.701pages.com / www.701pages.com.my and any other 701Panduan proprietary website which 701Panduan may from time to time include within the 701Panduan family of websites.
2.7 "701Panduan Content" means all Content of 701Panduan that is made available on or via the Site.
2.8 "Third Party Content" means all Content of third parties that is made available on or via the Site, and shall include all third party websites and links to third party websites.
2.9 "Third Party Products" means all products and services of third parties advertised on or available at the Site or websites linked from the Site.
2.10 "Virus" means any virus, worm, macro, adware, Trojan horse, time bombs, error or other damaging or harmful program or components.
3. Site and Service
3.1 The Site is owned and maintained by 701Panduan.
3.2 701Panduan may offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
(i) search engines and search tools;
(ii) directory services;
(iii) access to a collection of information, data, text, listings, graphics, images, videos, audio files, maps, online hotel booking and other types of works; and
(iv) any other features, content or applications that 701Panduan may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a user and additionally shall be bound to strictly comply with the Conditions in addition to these User Conditions.
3.4 From time to time 701Panduan may run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. User's Obligations
4.1 You shall not reproduce, modify, adapt, translate, publish, display, communicate, transmit, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
(i) any Service;
(ii) the Site; or
(iii) any 701Panduan Content except with the prior written consent of 701Panduan; or
(iv) any Third Party Content except with the prior written consent of 701Panduan and the owner of the specific Third Party Content, unless you are the sole owner of the specific Third Party Content.
4.2 Notwithstanding Clause 4.1, you may reproduce the 701Panduan Content for purposes of non-commercial usage provided that such use constitutes fair dealing under the Malaysian Copyright Act.
4.3 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Service, 701Panduan Content, or Third Party Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of 701Panduan.
4.4 You also hereby undertake:
(i) to comply with these User Conditions, and such other notices or guidelines that may be posted on the Site by 701Panduan from time to time (which are hereby incorporated by reference into these User Conditions);
(ii) not to use any Service or 701Panduan Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
(iii) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
(iv) not to use the account of another member at any time, whether with or without his/her permission.
4.5 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
(i) to treat all users with respect and civility;
(ii) not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortuous acts against other users;
(iii) not to spam, mail bomb, send Viruses to other users, or act in any manner that adversely affects the use of the Service by other users;
(iv) not to harvest or otherwise collect information about users, including email addresses, without 701Panduan's prior written consent.
4.6 Any infringing, fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your use of the Site and Services, at 701Panduan's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
4.7 Without prejudice to 701Panduan's rights of termination under Clause 9, 701Panduan reserves the right to terminate your access to all or any part of the Site or Services if you are in breach of any of these User Conditions or if 701Panduan believes that you have been using any of the Services for unlawful activity.
6. Use of 701pages Content
6.1 All 701Panduan Content are the copyrighted work of 701Panduan or its content or software providers, and 701Panduan reserves and retains all rights in the 701Panduan Content. Use of some 701Panduan Content may be governed by the terms of an accompanying end user license agreement. You will not be able to download or install any 701Panduan Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you should not use the 701Panduan Content.
6.2 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any 701Panduan Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or 701Panduan in writing.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all 701Panduan Content displayed on the Site is accurate and complete, we provide the 701Panduan Content for informative purposes only and on an 'as is', 'as available' basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, 701Panduan disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, 701Panduan does not warrant that the functions contained in or access to the Site, Services, 701Panduan Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, 701Panduan Content or the Servers are free of Viruses, or that the download, installation or use of any 701Panduan Content in or with any Computer will not affect the functionality or performance of the Computer. 701Panduan does not warrant or make any representations regarding the use or the results of the use of the 701Panduan Content, the Service, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not 701Panduan) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold 701Panduan liable for the loss, damage or expense that is due to any circumstances beyond the reasonable control of 701Panduan.
7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.3 You also acknowledge and agree that one of our Services is providing you with directory access to Third Party Content. You acknowledge that it is not 701Panduan's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any Third Party Content, posting, email or any information that may be linked to, inserted or made available on or from the Site and that 701Panduan does not endorse, has no control over and shall not be responsible for any Third Party Content. 701Panduan hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.
7.4 You acknowledge and agree that 701Panduan does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and 701Panduan hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on linked sites.
7.5 You agree that all Third Party Content, and Third Party Products, and all statements, offers, information, opinions, materials, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and 701Panduan shall not be responsible for any loss, damage, expense or liability incurred by you arising from such use or reliance.
7.6 You agree that;
(i) 701Panduan shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
(ii) access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, 701Panduan shall not be liable for any loss, liability or damage which may be incurred as a result.
7.7 In no event shall 701Panduan be liable to you for any damages, losses, expenses or liabilities under any causes of action (whether in contract or tort, including but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the 701Panduan Content, Services, Third Party Content, Third Party Products, any Computers, the Site, or any other website. In the event that 701Panduan is liable for damages despite the foregoing provision, you agree that 701Panduan's aggregate liability to you for any and all causes of action in relation to the 701Panduan Content, Services, Site and this Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to 701Panduan for the two (2) month period immediately preceding the time such liability arose.
7.8 Under no circumstances, including, but not limited to, negligence, shall 701Panduan be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the 701Panduan Content, Services, Site, or any other website, even if 701Panduan or a 701Panduan authorized representative has advised you of the possibility of such damage.
7.9 You agree that the above exclusions and limitations of liability enable the Services and the 701Panduan Content to be provided by 701Panduan at either reasonable cost or no cost to you.
8. Intellectual Property
8.1 The copyright, patents and all intellectual property rights in the Services, the Site, and all 701Panduan Content, including without limitation the copyright in 701Panduan's compilations of all 701Panduan Content and Third Party Content, shall vest in and remain with 701Panduan.
8.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of 701Panduan or other third parties, and all rights to the Marks are expressly reserved by 701Panduan or relevant third parties. You are not permitted to use the Marks without the prior written consent of 701Panduan or such third party. Without limiting the generality of the above,
(i) "701pages.com", "701pages.com.my", "701pages logo", "701panduan.com", "701panduan.com.my" ,"701Panduan" and "701Panduan logo" are trademarks of 701Panduan;
(ii) "SPH" and "Singapore Press Holdings logo" are trademarks of Singapore Press Holdings Ltd; and
(iii) "The Star" and "The Star logo" are trademarks of Star Publications (Malaysia) Bhd.
8.3 The domain name on which the Site is hosted on is the sole property of 701Panduan and you may not use or otherwise adopt a similar name for your own use.
8.4 If you have any questions or concerns about these User Conditions or any issues raised in these User Conditions or on the Site, please contact us at email@example.com
9.1 You agree that 701Panduan has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
10. Notification of Infringement
10.1 701Panduan will investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of 701Panduan Content, Third Party Content and other material occurring on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify 701Panduan in writing immediately ("Infringement Notice").
10.2 All Infringement Notices shall be sent to 701Panduan addressed as follows:
701Panduan Sdn Bhd
Suite 3B-15-3, Block 3B, Plaza Sentral,
Jalan Stesen Sentral 5, Kuala Lumpur,
Suite 3B-15-3, Block 3B, Plaza Sentral,
Jalan Stesen Sentral 5, Kuala Lumpur,
Attention: Legal Division
10.3 You acknowledge and agree that 701Panduan has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Third Party Content on third party sites linked to the Site, or Third Party Products which are not sold by 701Panduan.
11. Jurisdictional Issues
11.1 This Site is owned and operated by 701Panduan. 701Panduan makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.1 You agree to indemnify and hold 701Panduan, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(i) your use of the Site or any Services;
(ii) your connection to the Site;
(iii) your breach of any terms and conditions of these User Conditions;
(iv) your violation of any rights of another person or entity; or
(v) your breach of any statutory requirement, duty or law.
13.1 If any provision of these User Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these User Conditions shall continue in force save that such provision shall be deemed to be deleted.
14. Relationship of Parties
14.1 Nothing in these User Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between 701Panduan and you and neither party shall have any authority to bind the other in any way.
15.1 A failure by 701Panduan to exercise or enforce any rights conferred upon it by these User Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
16. Force Majeure
16.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
16.2 For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
17. Governing Law & Jurisdiction
17.1 These User Conditions and all matters relating to your access to, or use of, this Site and the Service shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.
17.2 You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
18. Claim Your Website
18.1 "Claim Your Website" is an entity wholly owned by 701Panduan by giving out complimentary micro sites to Business that holds a business listing with 701Panduan.
18.2 The sub-domain given by 701Panduan is all subject to approval and availability.