Introduction
This terms & conditions of use (“Terms of Use”) is created, owned and managed by POSmudah Sdn. Bhd. (Company Registration No. 1278579-A (“Company”).
This Terms of Use applies to all users and members (“Users”) of the Company’s website known as www.POSmudah.com (“Website”).
Please read the contents of this Terms of Use carefully as the browsing and/or using of our Website will be subject to this Terms of Use. The contents of this Terms of Use are as follows:
Ownership of the Website
The Website is wholly owned, managed and/or operated by the Company.
All of the contents, information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website are fully owned, managed and/or operated by the Company at all times.
Full Consent & Acceptance
Users who have entered, browsed, used, registered, purchased, subscribed, interacted, communicated and/or viewed the Website shall accept without limitation or qualification, all of the terms and conditions as stated in this Terms of Use herein below and shall automatically be bound by the Terms of Use upon entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website.
Further, it is impliedly and expressly deemed that this Terms of Use (of the Website) has been fully read and agreed upon by all Users of the Website whomsoever.
If any Users do not agree to follow and comply with the Terms of Use, kindly stop entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website immediately.
Legal Binding Effect
The Company reiterate that all Users’ conduct in entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website will always be subject to the Terms of Use which at all times remain valid, effective and binding on all Users.
It is hereby agreed that all Users are fully agreeable and consented to be fully bound by this Terms of Use.
The Website shall be available for any interested member of public and Users to browse and access via online AND thereafter, the said Users will be able to browse, use, select, purchase and/or subscribe for various services, facilities, payments, and/or packages (“Services”) advertised, made-available and listed subscription on the Website.
Contents of the Website
The Website shall contain certain services, facilities, payments and/or packages that are available for use and/or purchase at the Website.
All Users must read carefully and understand the respective Services before proceed to make any purchase, payment and/or subscription. In the event of any ambiguity, please contact the Company soonest possible.
At all times, the Company hereby will use its best endeavours to ensure that all description, contents, information and data as listed, available and advertised on the Website to be as accurate as possible without any element of misleading.
The sale and/or subscription of the Services listed, advertised and/or made available on the Website will be executed through online whereby the Users will purchase and/or subscribe the Services using the Website.
The Company shall attempt to ensure to always honour all sale and/or subscription of the Services as advertised, listed and/or made available on the Website.
Take Notice that the Company has the absolute discretion to prohibit any part of the sales and/or subscriptions of any Services on the Website if in the opinion of the Company that there is a chance or risk that a particular User could be providing false, fake, inaccurate, improper or incomplete personal details and/or payment details.
Prohibition, Limitation & Restrictions
TAKE NOTICE that all Users of the Website can only allowed to use the information, data, materials, promotions, pricing, pictures, intellectual property and/or whatsoever for job searching, job application and/or recruitment matters. Users cannot and are not allowed to duplicate, use, copy, distribute, publish and/or commercially exploit any information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website for any personal, private or for whatsoever purposes unless with the prior written consent and/or approval of the Company.
The Website is designed for Users to transact with the Company to purchase, enquiry and/or subscribe the Services listed, advertised and/or made available on the Website.
At all times, the Company shall (on best endeavour basis) always ensure that the Website is legal and shall only be used for lawful purposes and in a manner, which does not violate the rights of, or restrict the use of the Website by any User.
Such restriction shall include, but is not limited to, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within the Website.
Users are also warned not to commit any crime, fraud, hack, interrupt, corrupt, cause and/or distribute any malware, spyware, virus or any illegal bugs on the Website.
The Company at all times reserves all rights and discretion to initiate any actions against any Users who violate this Terms of Use and the Website (including, but not limited to, legal action and lodging of reports with the relevant authorities including the police).
Posting Advertisement
Advertisers must ensure that all advertisements posted to the Website comply with all applicable legislation, and regulations, and code of conduct, including but not limited to:
Age 18 and Above
In any event, when any Users entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website, the User hereby confirm that he/she is over the age of 18 years and are legally eligible to enter into binding contract with the Company.
For Users under 18 years of age, the Company reiterate that the Users may only enter, browse, use, register, purchase, subscribe, interact, communicate, and/or view the Website with the consent of their parent or guardian.
Otherwise, User below the age of 18 years old are warned to stop entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website immediately. Any breach of this by any individuals below the age of 18 years old shall not be under the responsibility or liability of the Company.
Display, Graphic, Contents, Descriptions and Details of the Services
All details, specifications, information, display, graphic, contents and/or descriptions of the Services listed, stated and advertised on the Website are provided to us by various jobseekers and businesses.
Therefore, the Company has not independently verified and/or confirm such details, specifications, information, display, graphic, contents and/or descriptions of the Services.
All Users are encouraged to seek professional or expert advice and consultation in order to accurately verify the Services (including the details, specifications, information, display, graphic, contents and/or descriptions of the Services) listed and/or made available on the Website. In addition, the Company also welcomes any enquiries from any Users on the Services advertised, listed and/or made available on the Website.
Further, the Company do not warrant that the details, specifications, information, display, graphic, contents and/or descriptions of the Services available, advertised and/or listed on the Website as 100% accurate, current or free from any errors.
In this regard, the Company shall have the right to correct any errors, inaccuracies or omissions at any time (as practicable to do so) without providing any prior notice to any Users or parties whomsoever.
Third Party Links & Sites
The Website may contain link(s) to third-party sites and/or social media accounts and/or blogs whatsoever.
The Company shall not be responsible (whether directly or indirectly) for any content and security of those third-party sites and/or social media accounts and/or blogs whatsoever as it is NOT operated OR managed OR owned by the Company in any way (unless otherwise declared by the Company).
Those third-party link(s) may be provided solely for the Website’ Users convenience and it does not in any way indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by the Company (unless otherwise stated by the Company).
The use of the contents on those third-party links, websites, social media accounts and/or blogs whatsoever are at the Users’ own risk.
It is the User’s responsibility to take all protective measures to guard against viruses, malware, spyware or other destructive elements whatsoever on that third-party site and/or social media accounts and/or blogs whatsoever.
The Company hereby exclude whatsoever liability it may have in regard to the third-party websites and/or social media accounts and/or blogs whatsoever.
Intellectual Property Rights
All intellectual property and intellectual property rights (including, without limitation, any copyright, trademarks, patents, design rights, invention, logo, design and all other forms of intellectual property rights) on the Website are wholly owned and/or licensed to the Company (except those which are owned by various Advertisers which Services are advertised, listed and/or made available on the Website).
Therefore, in no way whether directly or indirectly that this Terms of Use permits or constitutes a transfer of any intellectual property rights to any Users or parties whomsoever howsoever. At all times, no Users or parties whomsoever shall be permitted or allowed to register or claim (or attempt to register or claim) any intellectual property rights on the Website.
In the event that the Services listed, advertised and/or made available on the Website is alleged to have infringed any intellectual property rights of any party or person, the Company shall stop selling, advertising and listing the said Services on the Website and/or provide refunds to any Users who has purchased the infringed Services accordingly.
Indemnity
Each User of the Website hereby agrees to indemnify the Company (and the Company’s officers, directors, agents, subsidiaries, employees, collaborators, third-party providers or whomsoever authorised by the Company) from all claims, demands, losses, liabilities, costs, expenses, obligations, responsibilities and/or damages (including legal fees) whatsoever arising out of the User’s breach of the Terms of Use herein (including misusing the Website for whatsoever unauthorised and/or illegal purposes).
Account Information & Password
Users are solely responsible for maintaining the confidentiality of your account access information and password. Users will be responsible for all uses of your registration, whether or not authorized by you. Users are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the account access and Monster Services. Users agree to immediately notify the Company of any unauthorized use of your account and password.
Security, Modification & Update
The Company shall always envisage to properly secure the Website appropriately with the use of current security features and/or whatsoever appropriate antivirus, spyware, firewall and malware software available in Malaysia (as appropriate and applicable to do so). However, by this, it does not mean that the Company is giving any guarantee to any Users that the Website is 100% free from any security issues or threats whatsoever.
The Company also reserves the right, at any time, without prior notice, to change, modify and/or update any features, information, data, materials, promotions, pricing, pictures, intellectual property and/or logo whatsoever available and found on the Website.
The Company may terminate, change, suspend or discontinue any content, design, colour, logo, information or element of the Website, including the availability of any features, security, links and/or references of the Website at any time.
The Company may also impose limits, prohibitions and/or restrictions on certain features, services and access to certain parts and/or all of the Website without any prior notice or liability.
The Company may also at any time suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reasons whatsoever.
Data Privacy Notice & Confidential Information
All Users of the Website is subject to the terms of the Privacy Notice, as uploaded by the Company on the Website.
All User’s must read, understand, agrees and consents to the contents of the Privacy Notice accordingly. In essence, the Company uphold all provisions of the Data Protection Act 2010 in regard to the management and handling of any personal data.
All personal data, information and documents concerning all Users shall be treated with upmost confidentiality by the Company. In exchange, all Users are also expected to do the same when it come to the data, information and documents of the Company, unless those data, information and documents are already available to the public or are allowed to be disclosed under the Malaysian laws.
Please refer to the uploaded Privacy Notice on the Website for further information and details.
Purchase of Services & Refunds
Kindly read, check and review carefully each of the Services’ details, information, terms, descriptions, pricing, fees, and/or other charges prior to making any order, purchase and/or subscription of the Services.
Please be reminded that once an order, purchase and/or subscription for the Services have been made or placed on the Website, the order, purchase and/or subscription is deemed and regarded as CONFIRMED. No edits, changes and/or modifications shall be allowed or permitted unless otherwise stated on our Website for the particular Services.
All packages made available on Website are NON-REFUNDABLE. Users are advised to purchase after due consideration.
Delivery of Services
Prior to making any order or purchase on the Mobile Apps, all Users will be required to complete their registration as jobseeker or employer on the Website. During the registration process, Users will provide and submit to the Company all particulars, information and details (such as their Company name, confirmation email address, corresponding address, contact number, person in charge, etc.).
Therefore, TAKE NOTICE THAT it is the Users full and sole responsibility to ensure that all of the particulars provided to the Company are always true, accurate and correct. In no circumstances shall the Company of the Website shall be held liable or responsible for any errors, mistakes, negligence, omissions and/or inaccuracy of those information provided by the Users.
Users can make purchase online from the Website and activation of credits will be instant after payment had successfully go through. Users are advised to check the available credit from time to time via Website to ensure the packages availability.
Termination of Services & Website
At any time, all Users hereby agree that the Company hereby reserves all rights and discretion to terminate any Services and any function of the Website without providing any prior notice or reasons to any Users, party or person whomsoever.
Error & Mistake by Users
The Company (including, but not limited to, the Company’s employees, representatives, and/or agents), third-party providers or whomsoever authorised by the Company to be involved or provide certain services for the Website shall not be responsible in any way (whether directly or indirectly) for any error, mistake, negligence, misuses, mis-purchase and/or any other acts of the Users when entering, browsing, using, registering, purchasing, subscribing, interacting, communicating and/or viewing the Website.
The Company is not obliged to provide any refund, exchange and/or compensation whatsoever to any Users for any errors made or caused by the User.
Limitation of Liability
Any issues, problems, complications and/or losses whatsoever suffered by any Users on the Services purchased on the Website must be communicated to the Company for the Company’s attention. The Company will then provide advice and/or instructions to the respective User on the solution etc.
In any circumstances, it is hereby agreed by the Users that the Company’s total liability to any Users shall be up to the total amount paid by the respective User for the Services purchased by the User on the Website.
For the avoidance of doubt, the Company shall not be responsible for:
(a) any indirect or consequential losses suffered by any Users;
(b) any deterioration of the value of the Services after the User purchased the Services from the Website;
(c) any loss of profits, economic savings, anticipated savings or use whatsoever suffered by the User after purchasing the Services; and/or
(d) any loss of future profits, future economic savings, future anticipated savings or future use of the Services whatsoever after purchasing the Services.
Further, the User hereby agrees, warrants and undertakes to the Company that it will fully indemnify the Company from and against all claims, damages, liabilities, deficiencies, penalties, losses, costs (including legal costs on a solicitor and client basis) and expenses which the Company may suffer, incur or sustain as a result of or in consequence of or in relation to any inaccuracies, defaults, misrepresentations or breaches of any of this Terms of Use by the User.
Governing Laws
The Website and this Terms of Use shall be based on the laws of Malaysia. Any disputes to the Website and this Terms of Use shall be subject to the jurisdiction of the courts in Malaysia only.
Update, Revisions and Changes
From time to time, the Company reserves its rights and discretions to update, revise and/or change certain Section(s) of this Terms of Use to adapt with the functionality of the Website, market demands, economic changes and/or promotional activities whatsoever.
All Users hereby agree to adhere and comply with whatsoever updates, revisions and/or changes implemented and effected by the Company.
Enquiries
The Company has procedures in place in order to receive and respond to enquiries, complaints and/or feedbacks about this Terms of Use, the Website and/or Services. Any enquiries, complaints or feedbacks in relation to the Website, Services or this Terms of Use should be made on the Website or in writing to the Company as per the details shown below:
POSmudah Sdn Bhd
B-13A-02, Northpoint Offices, Medan Syed Putra Utara, Mid Valley City, 59200 Kuala Lumpur, Federal Territory of Kuala Lumpur
Tel: +603 2288 1190
Whatapps: +6012 263 5152
Email: support@posmudah.com
