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E-Construct Terms of Use

1. Acceptance of Terms of Use
www.cidbec.com ("The Portal") is provided to you by CIDB E-Construct Services Sdn. Bhd, ("The Company") under these Terms of Usage. Although portions of The Portal may be viewed simply by visiting the Site, in order to access the certain areas and/or receive additional services from The Company you need to register as a member of The Portal. If you register as a member of The Portal, these Terms of Usage will govern your use of The Portal, and other services which may be provided to you in connection with The Portal and other features. BY SIGNING ON TO THE PORTAL AND COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USAGE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Usage govern your use of The Portal and all services provided in connection with The Portal. The Company shall not be liable to you for any breach of these Terms of Usage. If you do not agree to these Terms of Usage, please do not register for or enter The Portal. The Terms of Usage for your continued use of The Portal will be available throughout The Portal. Please check these areas before using The Portal to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with The Portal immediately
(i) by notifying The Company of your unwillingness to accept the changes to the Terms of Usage; and
(ii) by discontinuing your use of The Portal. Your continued use of The Portal will signify your acceptance of any change in the terms and conditions set forth herein. From time to time The Company may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on The Portal to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Usage.

2. Registration Information/Privacy Policy
When you register for The Portal, you will be required to provide The Company with the following information: your name, email address, company details, member name and password. In addition, you may choose to provide The Portal with additional information, including: your contact number(s), etc. Any information provided by you or gathered by The Company or third parties during any visit to The Portal shall be subject to the terms of The Portal's Privacy Policy, which is incorporated herein by reference. Click here if you wish to read The Portal's Privacy Policy. The Company reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by The Company. The Company reserves the right to terminate your member account if The Company learns that you have provided The Portal with false or misleading registration information.

3. Termination
The Company reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate
(i) these Terms of Usage;
(ii) your registration with or ability to access The Portal and/or any other service provided to you by The Company including any member account upon any breach by you of the Terms of Usage.

4. Modifications of these Terms of Usage
The Company may modify these Terms of Usage from time to time in its sole discretion. Each time you log on to The Portal, you will be deemed to have accepted any such changes.

5. Modifications of E-Construct's Portal
The Company may modify or discontinue The Portal with or without notice to you and without liability to you or any third party.

6. Third Party Services
You may order services through The Portal from other persons not affiliated with The Company ("Seller"). All matters concerning the services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. The Company makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider The Company nor will The Company be construed as a party to such transactions, whether or not The Company may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. The Company may include special routing icons which may be located within The Portal, the activation of which will allow you to access and learn more about The Company and other services provided by The Company whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

7. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The Company of any unauthorized use of your registration or password.

8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK. THE PORTAL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, OR THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE PORTAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE PORTAL. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE PORTAL, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE COMPANY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE PORTAL. YOUR PARTICIPATION IN THE PORTAL IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PORTAL, IT'S EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PORTAL OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PORTAL. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE PORTAL'S SITE. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against The Company with respect to such sites.

9. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PORTAL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PORTAL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OICNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification
You agree to indemnify and hold each of The Company, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of The Portal, the violation of these Terms of Usage by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

11. Applicable Law
These Terms of Usage shall be governed by and construed in accordance with the laws of the State of Malaysia , without giving effect to its conflict of laws provisions. By registering for or entering The Portal, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Malaysia.

12. Remedies for Breach of these Terms by You
In the event that The Company determines, at its sole discretion, that you have breached any portion of these Terms of Usage, or have otherwise demonstrated conduct inappropriate for the community of The Portal, The Company reserves the right to (i) warn you via e-mail that you have violated these Terms of Usage; (ii) delete any content provided by you or your agent(s) to The Portal; (iii) delete all content provided by you to The Portal; (iv) discontinue your registration with The Portal and/or any other The Portal community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which The Company deems to be appropriate.

13. Miscellaneous
In the event that any provision of the Terms of Usage conflicts with the law under which the Terms of Usage are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Usage, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Usage will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Usage or to exercise any right under the Terms of Usage will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. The Company may assign its rights and obligations under these Terms of Usage and upon such assignment The Company may be relieved of any further obligation hereunder. You represent to The Company that you have the authority to register with The Portal according to these Terms of Usage. These Terms of Usage and any Additional Terms (as such terms shall be identified when posted on The Portal by The Company) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Usage will, at the election of The Company, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Usage will remain valid and enforceable. The Company reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.


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© cidb econstruct services sdn bhd
02 Dec 2008


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