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Terms & Conditions

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  1. Introduction
    1. Welcome to the bunkering platform (“Platform”). Far East Bunkering Services (Melaka) Sdn Bhd (“FEM”, “we”, “our” or “us”) provides a range of services that are subject to this Terms of Use, including our a) Platform; b) information, images, videos, data, and materials; c) tools, and services (collectively “Services”). New features added to or improving our Services are also subject to this Terms of Use.
    2. By accessing the Platform, creating an account or using our Services, you agree to be bound by this Terms of Use and our Privacy Policy. If you do not agree to this Terms of Use and our Privacy Policy, you must not access or use this Platform, or use our Services. If you are under the age of 18 or the legal age for giving consent under the applicable laws in your country, you must not access or use this Platform, or use our Services.
  2. Privacy
    1. Your privacy is important to us. Our [Privacy Policy] describes how we handle the information you provide to us
  3. Accounts and Security
    1. You are required to create an account on our Platform in order to use our Services and access certain restricted portions of our Platform. Unauthorised use of our Services or accessing restricted portions of our Platform may incur civil and criminal liability
    2. If you are using accessing our Platform or use our Services on the behalf of your employer, principal or third party, you warrant that you have the right and authority to do so. If you do not have the right and authority to do so, please cease all access and usage of our Platform and our Services.
    3. When creating an account, we may a) assign you with a username and password; or b) at our sole discretion, accept your proposed username and password. You may also be required to provide certain personal information to us.
    4. You agree to a) keep your username and password private and confidential; b) not disclose your username and password to any third party; c) ensure that your account information is true and accurate; d) immediately inform us of any unauthorised access or use of your account; and e) to take all appropriate measures to ensure the security of your device(s) and account whilst accessing our Platform. You are responsible for all activities that occur under your account, even if such activities were not committed by you. We will not be liable for any loss or damage suffered by you arising from authorised use of your account. You agree to fully indemnify us against any and all losses suffered by us and attributable to any unauthorised access and use of your account.
    5. We may terminate accounts that have been inactive for long periods of time, without further notice to you.
  4. Usage of Platform and Services
    1. We grant you a limited and revocable license to access and use the Platform and the Services subject to the terms and conditions of this Terms of Service, and any other Services specific terms and conditions. All proprietary rights and intellectual property (including but not limited to trademarks, service marks, brand names, logos, copyright and other intellectual property) (“IP”) remain the property of FEM, and where appropriate, third party proprietors.
    2. The use of certain Services may be subject to Services specific terms and conditions. These terms and conditions can be accessed here.
    3. The license to use the Platform and the Services is effective until terminated. The license may be terminated in accordance to this Terms of Use, and any Services specific terms and conditions.
    4. We may change, modify, suspend or discontinue all or any part of this Platform, or our Services at any time without notice or liability.
    5. We may from time to time issue, revise, amend or retract guidelines, notices, operating rules, policies or instructions (“Notices”) relating to the use of the Platform and the Services. Unless otherwise stated, these Notices shall take effect upon publication on the platform and you agree to be bound to these Notices.
    6. Notwithstanding any of our other rights, we may in our sole discretion, investigate any violation of the Terms of Use and any Services specific terms and conditions and may take any action we deem appropriate, including but not limited to terminating the license without further notice to you.
    7. We may monitor, process, screen or control any activity, content or material on the Platform or the Services.
    8. You agree not to adapt, copy, modify, distribute, or create derivative works on any portion of the Platform and the Services except with our prior written permission. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future).
    9. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Platform and the Services except with our prior written permission.
    10. You agree not to:-
      1. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
      2. use the Platform or Services for illegal purposes;
      3. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
      4. post, promote or transmit through the Platform or Services any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      5. interfere with another’s utilisation and enjoyment of the Platform or Services;
      6. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services;
      7. infringe any proprietary and intellectual property rights;
      8. breach any applicable laws, including but not limited to anti-corruption and bribery laws, intellectual property laws, and personal data protection laws;
      9. use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
  5. Hyperlinks, Alerts and Advertising
    1. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Such linked websites or content may be subject to third party’s own terms of use. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
    2. We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
  6. User Content and Submissions
    1. During the course of your usage of our Platform and/or our Services, you may generate content, such as questions, reviews, comments and suggestions (“User Content”). You understand that you are liable for your User Content. We do not guarantee the accuracy, truthfulness, reliability or endorse any User Content. Any reliance on User Content will be at your own risk.
    2. By submitting, posting, or providing User Content to us, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content, and you also permit any third party to access, view, store and reproduce such User Content.
    3. We reserve the right to refuse to accept, post, display or transmit any User Content in our sole discretion. We may also review and remove any User Content that in our sole judgment, violates these Terms of Use, violate any applicable laws, that are abusive, offensive, disruptive, immoral or illegal, or violate the rights of, or harms and threatens the safety of any users of our Platform and Services.
  7. Limitation of Responsibility and Liability
    1. The Platform and Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services are provided for informational purposes only. The use of the Platform and our Services are at your own risk. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform and the Services; (b) that the Platform and the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform and the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Platform or the Services may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
    2. We shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (a) any access, use and/or inability to use the Platform or the Services; (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other website or webpage linked to the Platform.
    3. Notwithstanding the above sections, if we are found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our liability to you or any third party is limited to $100.00.
    4. Nothing in this Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence, for our fraud, or for any other liability on the part of FEM that cannot be lawfully limited or excluded.
  8. Indemnity
    1. You agree to indemnify, defend and hold harmless FEM, its shareholders, subsidiaries, affiliates, directors, officers, agents, and employees from and against all claims, loss or expense arising out of any breach of this Terms of Use.
  9. Term and Termination
    1. The terms of this Terms of Use and any Service specific terms and conditions will remain in full force whilst you are a user of our Platform and Services.
    2. We in our sole discretion may with immediate effect upon giving you notice, terminate your use of the Platform or our Services, and disable your account with us.
    3. You may terminate these Terms of Use, and any Services specific terms and conditions by giving seven days' notice in writing to us.
    4. The termination of these Terms of Use shall result in closure and cessation of all accounts registered under your name and e-mail address on our Platform, and you will no longer be able to access and use our Platform and Services (including but not limited to trade financing and credit accounts that was previously granted).
    5. Notwithstanding your termination, you remain liable for any incomplete transactions, shipment and payment for any Services or Products, whether to us or third parties, and shall not have affect any other agreements between you and us, or any applicable third parties. We shall not be liable for any losses, claims or damage arising out of your termination of these Terms of Use and any Services specific terms and conditions.
  10. Notices
    1. All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
    2. You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
    3. Notwithstanding the above, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
  11. General
    1. Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions and our rights and remedies under these Terms of Use and any Services specific terms and conditions are cumulative, without prejudice and in additional to any rights and remedies we may have in law or in equity.
    2. No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use, or any Services specific terms and conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
    3. Severability: If at any time any provision of these Terms of Use, or any Services specific terms and conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Services specific terms and conditions.
    4. Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
    5. Governing law: Use of the Platform, the Services, these Terms of Use, and any applicable Services specific terms and conditions shall be governed by and construed in accordance with Malaysia law and you hereby submit to the exclusive jurisdiction of the Malaysia courts.
    6. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
    7. Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, and any Service specific terms and conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use, and any Service specific terms and conditions.
    8. Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
    9. Currency: Money references under these Terms of Use shall be in US Dollars.
    10. Language: In the event that these Terms of Use, or any Service specific terms and conditions is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
    11. Entire agreement: These Terms of Use, and any Service specific terms and conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
    12. Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
    13. Assignment: You may not assign your rights under these Terms of Use, and any Service specific terms and conditions without our prior written consent. We may assign our rights under these Terms of Use, and any Service specific terms and conditions to any third party.
    14. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Use, any Service specific terms and conditions , or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
    15. Anti-Corruption and Bribery: You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysian Anti-Corruption Commission Act 2009 and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
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