PROF1XER™ Terms and Conditions

I understand that by clicking the accept button on the registration page, I am signing the following contract that binds me in the same way that a paper contract binds me.

A NOTE ON TERMINOLOGY: Terms defined in this Agreement, when used with initial capital letters, have the meanings given in this Agreement.

“You” and “your,” refer to you, the user (and your organization, if you are an employee).
“PROF1XER.com”, “we”, “us”, and “our” refer to PROF1XER (M) SDN BHD doing business as PROF1XER.com.

All use of the PROF1XER.com website, its services, and any services offered through the site (collectively, the “site”) is subjected to the Terms and Conditions (”T&C’s”) of this agreement and the policies, agreements and instructions for the use of this site contained in the site and posted by PROF1XER, which are hereby incorporated herein. If these terms are considered an offer, acceptance is expressly limited to these terms.

Authorised use of the site is available only to persons who are at least 18 years old and are otherwise capable of forming legally binding contracts under applicable law.

We reserve the right at any time to:

* Change the terms and conditions of this Agreement;
* Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
* Change any fees or charges for using the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means of including, without limitation, posting on the Site or email. Your use of the Site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.

DESCRIPTION OF SERVICE: PROF1XER currently offers clients on site computer assistance and a means to make available the clients’ own contact details (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PROF1XER properties, shall be subjected to the T&C’s. You acknowledge and agree that the Service is provided “AS IS” and that PROF1XER assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipments necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

REGISTRATION: To become a “Client” or “Provider” (collectively, a “Member”) of PROF1XER, you must register with us on PROF1XER.COM website. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (”Registration Data”), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.

Either you or PROF1XER may terminate your access to the service at any time, for any reason. Any services purchased and paid to a technician are non-refundable. We reserve the right to immediately terminate your access to the Service, without notice, upon any breach of this Agreement by which is brought to our attention.

Your membership in the Service is for your sole, personal use. You may not authorise others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

EMAIL AND PASSWORD: As part of the registration process, you will be asked to provide an email address that will also serve as your username and to select a password. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the “My Information” Page after logging on to PROF1XER.com, and immediately notify us by emailing us at feedbacks -at- prof1xer.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

SOLICITATION: As a Member, you agree that you will not solicit employment directly from another Member that you have established a relationship with through us without written consent from us. As a Member, you understand we are entitled to compensation from both Members equal to the total amount paid for all services provided for up to 6 months after termination.

ONLINE CONDUCT: As a Member, you agree that:

* You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.

* You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by sending an email to feedbacks -at- prof1xer.com of any material contained in the Service that you believe infringes these rules.

* You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in any unrelated fields any company names, telephone numbers, street addresses, URLs, email addresses, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. PROF1XER reserves the right, but has no obligation; to reject any profile, photograph, or resume that does not comply with these prohibitions.

* You will not impersonate any person or entity.

* You will not “stalk” or otherwise harass any person.

* You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.

* You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

* You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.

* You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

* You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

* You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.

* You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.

* You will not post, email or otherwise transmit 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.

* You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

* You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to PROF1XER or the Service or the Site in order to direct any person to any other Web site for any purpose.

* You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

* You are solely responsible for your interactions with other Members.

We do not exclude any liability for death or personal injury due to our negligence.

INDEMNITY BY MEMBER: You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ONLINE CONTENT: Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective technician/engineer-author and not of PROF1XER, and should not necessarily be relied upon. Such Members are solely responsible for such content. PROF1XER does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will PROF1XER.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to Members.

The Site may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

It is possible that other Members or users (including unauthorized users, or “hackers”) may obtain personal information about you due to your use of the service, and that the recipient may use such information in ways other than those intended with this site. PROF1XER is not responsible for the use of any personal information that you may choose to disclose on the Service.

PROF1XER reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. PROF1XER shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of PROF1XER, you remain solely responsible for the content of the materials you post in any area of the Service and your private email messages.

PROPRIETARY RIGHTS: PROF1XER owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of PROF1XER and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

By posting information or content to any area of PROF1XER, you automatically grant, and you represent and warrant that you have the right to grant, to PROF1XER and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

INFORMATION SUPPLIED BY MEMBER: The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of skills, preferences and browsing patterns and to allow you to participate in the PROF1XER.com Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy at our website.

DISCLAIMER OF WARRANTY. PROF1XER.COM PROVIDES THE SERVICE AND THE SITE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH PROF1XER.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. PROF1XER.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROF1XER.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. PROF1XER.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

LIMITATION OF LIABILITY. IN NO EVENT WILL PROF1XER.COM BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF PROF1XER.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS PROF1XER.COM fS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROF1XER.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

In addition, PROF1XER disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or “hackers”) of the Service.

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

We do not exclude any liability for death or personal injury due to our negligence.

COPYRIGHT POLICY: We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

* A description of the copyrighted work that you claim has been infringed;

* Details of where the infringing material is located on the Site;

* Your address, telephone number and email address;

* A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and

* An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

Please deliver this information to: [PROF1XER (M) SDN BHD, Level 36, Menara Citibank, 165 Jalan Ampang, 50450 Kuala Lumpur, Malaysia]

COMPLAINTS: To resolve a complaint regarding the Service or the Site, you should contact PROF1XER.com at feedbacks -at- prof1xer.com.

GENERAL PROVISIONS: This Agreement with you, set out in these Member Terms and Conditions, is governed by Malaysian law in Malaysia and the law applicable in any action arising out of this Agreement shall be submit to the jurisdiction of the Malaysian Courts.
you and we submit to the non-exclusive jurisdiction of the Malaysian Courts in the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto.

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and PROF1XER regarding the Service and the Site, including the PROF1XER.com Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of PROF1XER.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these PROF1XER.com Member Terms and Conditions.

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