USER AGREEMENT
This agreement includes and hereby incorporates by reference the following: Terms of Use and Privacy Policy, which are in effect and may be modified by Bestinet Sdn Bhd (Bestinet) from time to time. Subject to the conditions set forth herein, Bestinet may, in its sole discretion, amend this Agreement and other Terms of use and privacy policy at any time by posting a revised version on the site and will provide reasonable notice of any amendment that includes a substantial change. Alternatively, you may visit the Foreign Workers Centralized Management System (FWCMS) website which contains the Terms of Use and Privacy policy for your viewing, accessible via www.fwcms.com.my. Any revisions to the terms of use and privacy policy will take effect on the noted effective date or when posted if there is no effective date.
Your continued use of this site or the site services after the effective date of the revised version of this agreement or any other Terms of use or Privacy policy constitutes your acceptance of and agreement to be bound by the Terms of Use and Privacy policy as revised.
1. OVERVIEW
The following are terms of a legal agreement between you and Bestinet. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this website. Bestinet may, without notice to you, at any time revise these Terms of Use and any other information contained in this Website by updating this posting. Bestinet may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
2. GENERAL
This website contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Bestinet’s prior written consent, except that Bestinet grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on you not modifying the content displayed on this site, and not infringing any of Bestinet copyrights, trademarks, and other proprietary notices, and your acceptance of the terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Bestinet does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media. Bestinet reserves the right to initiate legal action against any party for infringement of our Intellectual Property rights.
3. GENERAL DISCLAIMERS
Our website is provided on an “as-is” and “as-available” basis. This agreement is subject to change without notice. Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Bestinet assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. Bestinet provides no assurances that any reported problems will be resolved by Bestinet, even if Bestinet elects to provide information with the goal of addressing a problem.
4. CONFIDENTIAL INFORMATION
Bestinet does not want to receive confidential or proprietary information from you through our website. Please note that any information sent or collected through Bestinet will be deemed NOT to be confidential. By sending Bestinet any information or material, you grant Bestinet an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Bestinet is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Bestinet for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see below for more information in Privacy Policy.
5. INCORPORATION OF LOGOS AND THIRD PARTY REPRESENTATIONS
Usage of all third party logos and representations by Bestinet are fully owned and copyright of their respective owners. Usage of all third party logos and representations on this site are subject to final approval by the respective owners.
6. GLOBAL AVAILABILITY
Information that Bestinet publishes on the World Wide Web may contain references or cross references to FWCMS products, programs and services that are not announced or available in your country. Such references do not imply that Bestinet intends to announce or make available such products, programs, or services in your country. Please consult us for information regarding the products, programs, and services that may be available to you.
7. BUSINESS RELATIONSHIPS
This website may provide links or references to non-FWCMS websites and resources. Bestinet makes no representations, warranties, or other commitments whatsoever about any non-FWCMS websites or third-party resources that may be referenced, accessible from, or linked to any FWCMS site. A link to a non-FWCMS website does not mean that Bestinet endorses the content or use of such website or its owner. In addition, Bestinet is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a FWCMS site. Accordingly, you acknowledge and agree that Bestinet is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. When you access a non-FWCMS website, even one that may contain the FWCMS-logo, please understand that it is independent from Bestinet, and that Bestinet does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
8. LINKING TO THIS SITE AND OTHERS
All links to this website must be approved in writing by Bestinet, except that Bestinet consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Bestinet; (c) imply that Bestinet approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Bestinet or otherwise damage the goodwill associated with Bestinet’s name or trademarks. As a further condition to being permitted to link to this site, you agree that Bestinet may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Bestinet’s trademark.
This website may from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or websites. We recommended you to be aware of when you leave our website and to read the privacy statements of each and every website that collects personal information. Please check these policies before you submit any personal data to these websites. This privacy statement applies solely to information collected by us through this website.
9. DISCLAIMER OF WARRANTY
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Bestinet expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Bestinet makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
10. DISCLAIMER OF LIABILITY
To the extent not prohibited by law, under no circumstances shall Bestinet be liable in any thing/manner whatsoever and howsoever arising with respect to any transaction (including without limitation fraudulent transaction) by/involving recruitment agent(s) or any 3rd party(ies), whether or not Bestinet has been advised or is aware of the possibility of such damages/liability.
11. LIMITATION OF LIABILITY
In no event will Bestinet be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Bestinet is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
12. OTHERS
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.