ProAtec E-Skill! Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to ProAtec! (Co. Reg. No. AC0008785-H) ("we" and "us", as the case may be) provides the Service (as defined below) to you, subject to the following Terms of Service ("TOS"). These TOS are applicable even if you do not have an account with ProAtec!, and your use of ProAtec! services means that you consent to these TOS. We may update or modify the TOS in our sole discretion from time to time without notice to you, including by publishing changes on or via the Service, and you agree that your continued use of the Service after such update or modification will constitute your acceptance of and agreement to be bound by the updated or modified TOS. You are responsible for ensuring that you fully understand the most current version of the TOS at all times.
2. DESCRIPTION OF SERVICE
ProAtec! provides users with access to a rich collection of resources, including variety of newest and latest information about automotive skills and technical know-how (“the Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ProAtec! to provide the Service. You also understand and agree that the Service may include certain communications from ProAtec!, such as announcements, bulletin, news and the newsletter, and that these communications are considered an integral part of ProAtec! membership and you will not be able to opt out of receiving them unless you terminate your account. Accordingly, you are deemed to have irrevocably consented to receiving such communications on an ongoing basis so long as you maintain your account. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ProAtec! properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ProAtec! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
Please be aware that ProAtec! may has created certain areas on the Service that are restricted from general viewing and you must fulfill the specified conditions to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you either: (i) are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws applicable to your location or other applicable jurisdiction, or (ii) have obtained the prior consent of your parent or legal guardian to use the Service subject to and in accordance with the TOS.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ProAtec! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ProAtec! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). ProAtec! is concerned about the safety and privacy of all its users, particularly children. However, please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child. Similarly, if you are a child, you are required to obtain the consent of your parent or legal guardian before using or accessing any of the Services and/or Content.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ProAtec! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ProAtec! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ProAtec!, are entirely responsible for all Content available via the Service. ProAtec! does not control the Content posted via the Service and, as such, does not guarantee the lawfulness, accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ProAtec! or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case maybe, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful under the laws applicable to the relevant Service, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ProAtec! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- relay email from a third party's mail servers without the permission of that third party;
- use "robots" or otherwise harvest others’ email addresses from the ProAtec! site for purposes of sending unsolicited or unauthorized material;
- upload, post, email, or transmit the same message, URL, or post multiple times;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- engage in unlawful activity or intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s);
- "stalk" or otherwise harass another;
- commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (q) above.
You acknowledge that ProAtec! may or may not pre-screen or filter Content, but that ProAtec! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is transmitted or made available via the Service. Without limiting the foregoing, ProAtec! and its designees shall have the right to remove any Content (whether or not provided by you) that we believe in good faith may be unlawful or violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ProAtec! or submitted to ProAtec!
You acknowledge, consent and agree that ProAtec! may in its sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process and law enforcement or other government requests; (b) enforce the TOS or evidence our rights or defend ourselves; (c) respond to claims that any Content is unlawful or violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ProAtec!, its users and the public.
You agree to indemnify and hold ProAtec! and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another or your breach of any applicable law.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ProAtec! ID), use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ProAtec! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ProAtec! reserves the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
10. MODIFICATIONS TO SERVICE
ProAtec! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ProAtec! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ProAtec! may, under certain circumstances and without prior notice, immediately terminate the agreement formed by this TOS and terminate your ProAtec! account, any associated email address, and access to the whole or any part of the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the TOS or other incorporated agreements or guidelines or of applicable law, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) our good faith belief that you are using or intend to use the Service to engage in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your ProAtec! account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in ProAtec!'s sole discretion and that ProAtec! shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the whole or any part of the Service.
12. DEALINGS WITH ADVERTISERS
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third party advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that ProAtec! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ProAtec! has no control over such sites and resources, you acknowledge and agree that ProAtec! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ProAtec! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. ProAtec!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ProAtec! or advertisers, you agree not to, and not to permit or authorize others to, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
ProAtec! grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ProAtec! for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ProAtec! AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL).
- ProAtec! AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU, (iv) THE INFORMATION, CONTENT OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE (THE “MATERIALS”) OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (THE “PRODUCTS”) WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE MATERIALS. THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE PRODUCTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ProAtec! OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE).
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ProAtec! AND ITS PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, REPUTATION OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER ProAtec! OR ITS LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE SERVICE, THE MATERIALS AND THE PRODUCTS; (ii) THE USE OR THE INABILITY TO USE THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR USE MADE BY ANY THIRD PARTY OF ANY CONTENT TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICE; (vi) ANY GOODS OR SERVICES DISPOSED OF OR MESSAGES SENT OR RECEIVED USING THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE, THE MATERIALS OR THE PRODUCTS. NOTHING IN THIS TOS SHALL LIMIT THE LIABILITY OF US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES, AS THE CASE MAY BE FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR THEIR NEGLIGENCE.
ProAtec! may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein. You also agree that we may serve process on you by regular mail at the address you provided when registering with ProAtec! or by any other means permitted by law.
18. TRADEMARK INFORMATION
You agree that all of ProAtec!’s trademarks, trade names, service marks and other ProAtec! logos and product and service names are trademarks of ProAtec! and our licensors, suppliers, vendors, parent or holding company, as the case may be (the "ProAtec! Marks"). Without the prior permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the ProAtec! Marks.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights (such as copyright and trade mark rights) have been infringed, please notify us in accordance with applicable law. ProAtec! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
20. GENERAL INFORMATION
Entire Agreement. The TOS (and the other agreements and policies incorporated herein) constitutes the entire agreement between you and ProAtec! and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and ProAtec! with respect to the Service. For the avoidance of doubt, you and us are the only parties to the TOS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ProAtec! services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and ProAtec! shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and ProAtec! agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
Waiver and Severability of Terms. The failure of ProAtec! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ProAtec! account is non-transferable and any rights to your ProAtec! ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
English version prevails. In the event that these TOS are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.