Introduction / Acceptance of Terms
Your Responsibility For Content & Conduct
Accurate Information
Privacy
Security / No Disruption
Objectionable Content
TenderDirect Discretion Over Content, Use, Storage, And Operation of The Service
License of Your Content
TenderDirect Software
Dealings With Advertisers
Links to Third-Party Sites
Links to The Service
TenderDirect Webmail
TenderDirect Web Sites
Indemnity
Disclaimer / Limitation of Liability
Notices
Trademark Information
Copyright Information
Claims of Copyright Infringement
General Terms

Introduction / Acceptance of Terms

TenderDirect offers you a variety of online applications and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the "Service") on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.tenderdirect.com.my, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by TenderDirect Sdn Bhd ("TenderDirect", "we", or "us").

Your Responsibility For Content & Conduct

You are responsible for any content that you post or transmit on or through the Service.

You will not use the Service to distribute, link to, or solicit content that:

• is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
• includes personally identifiable information about children;
• infringes someone else's intellectual property or other rights;
• advocates or solicits violence or other criminal conduct;
• violates any law, regulation, or contract;
• promotes participation in multi-level or pyramid marketing initiatives;
• constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
• specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in the domicile of either the distributor or recipient;
• constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as TenderDirect specifically authorizes;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.

Accurate Information

You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

Privacy

We take your privacy seriously. Please view our comprehensive privacy policy. When you enter into transactions with or provide information to other companies providing content to the Service, you will be subject to their privacy policies.

Security / No Disruption

You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

Objectionable Content

The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of TenderDirect. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable.

TenderDirect Discretion Over Content, Use, Storage, And Operation of The Service

We may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of TenderDirect, its users, or the public, or (e) administer the Service.

We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

We may set limits regarding the Service, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Service.

We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms.

License of Your Content

If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licenseable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public via the TenderDirect Information Respository. If you submit summary files or other materials to TenderDirect, you license us to display, distribute, frame, and link to that content and warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.

TenderDirect Software

The Service and any software it incorporates or downloads to you ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute works based on the Service or the Software.

We grant you a personal, non-transferable, and non-exclusive license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software; and you will not modify the Software or access the Service by any means other than the one we provide.

Except as otherwise specifically noted in a license agreement, we provide no assistance other than the support available to our registered subscribers, clients and partners.

Dealings With Advertisers

A number of other companies supply content to the Service and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the TenderDirect trademark will appear on all pages available via the Service to let you know that you are still within the Tendering System, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.

Links to Third-Party Sites

We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.

Links to The Service

If you wish to link from your website to the TenderDirect System, please visit the TenderDirect Affiliate Program. You are granted a limited, non-exclusive license to create a hypertext link to the Service, provided that the link does not portray the Service, TenderDirect, or TenderDirect's affiliates in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any TenderDirect content or trademark.

TenderDirect Webmail

If you do not log in to your TenderDirect account for more than 90 days, we may designate your mailbox as "inactive", delete any existing posted or unposted tender information. You may be able to reactivate your mailbox, but deleted tenders will not be recoverable.

TenderDirect Web Sites

If you use our TenderDirect Web Sites service or otherwise post content via the Service, you will not:

• Develop restricted or password-only access pages, or hidden pages or images (those not linked to/from another accessible page);
• Use your storage space for remote loading or as mere re-direct or mirror site for another home page, whether inside of or beyond TenderDirect;
• Offer pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities, including files that are intended solely for game emulation;
• Display any kind of commercial sponsorship or ad banner not sponsored by TenderDirect;

If you collect personally identifiable information through a TenderDirect Web Sites page or other website hosted by TenderDirect, you must follow the terms of TenderDirect's privacy policy, describing the purpose for gathering the information and the uses to which it may be put, letting users opt out of sharing any personal information with third parties; and letting users edit or make changes to the personal information that you gather.

Indemnity

You will indemnify TenderDirect, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service or your use of or conduct on the Service.

Disclaimer / Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND TenderDirect, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Notices

Notices posted on the Service, or changes to this agreement will be be made available via email, faxes and regular mail,

Trademark Information

Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email to mailto:corporate@tenderdirect.com.my.

You may never use our trademarks in the following ways:

• In a non-TenderDirect product name or publication title.
• In, as, or as part of your own trademarks.
• To identify products or services that are not TenderDirect's.
• To cause confusion.
• To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
• To disparage TenderDirect.
• In any other manner that TenderDirect or its users find offensive.

"TenderDirect and the logos are registered trademarks of TenderDirect Sdn Bhd in Malaysia and other countries.

Except as noted above, you may not use, copy, or redistribute TenderDirect logos without written or electronic permission from TenderDirect. If you do not have a pre-existing agreement with TenderDirect, you may request permission for logo use, but such permission is granted only infrequently. Send your request for permission to use a TenderDirect logo to corporate@tenderdirect.com.my, with "TenderDirect Logo Request" in the subject line. Please include a description of your company, which logo you want to use, why and how you want to use it, and a mockup showing the proposed use.

Copyright Information

We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service.

Unless otherwise noted, you may view, copy, download, and print TenderDirect documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner.

To use screenshots of websites displayed within the TenderDirect browser as an illustration or background, you must include a copyright attribution statement and not alter the browser frame, use an outdated browser version, suggest that TenderDirect has endorsed your work, or use the browser frame in an offensive fashion. If you wish to use the TenderDirect browser in a different context, please send email to corporate@tenderdirect.com.my with the words "TenderDirect Permission Request" in the subject line, including the following information:

• The TenderDirect content you wish to use and its URL.
• Where and how will it be used (for example, in an Internet use manual, in a newsletter, in a movie).
• Where, how, and to what audience copies will be distributed.
• How many copies will be produced and distributed.
• When you intend to publish.
• Other non-TenderDirect materials that will be associated with the TenderDirect content.
• Your name, title, company, address, email address, and phone number.
• A mockup of the intended use (either as a file attached to your email or by fax to (03) 4621099

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please click here for instructions on how to contact us.

General Terms

This Agreement constitutes the entire agreement between you and TenderDirect and governs your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. The laws of Malaysia  govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the federal courts located in Kuala Lumpur for any claim or dispute with TenderDirect or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.

Last Modified - 12/1/2001