BY USING THIS WEBSITE OR INSTALLING ITS CORRESPONDING MOBILE
APPLICATION (COLLECTIVELY THE “APPLICATION”), YOU (THE “USER”) ACCEPT
THESE TERMS AND CONDITIONS OF USE (COLLECTIVELY “TERM” AND “TERMS”).
THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE
APPLICATION, BETWEEN USER AND CCS FOR ASIA SDN. BHD. A MALAYSIAN COMPANY,
DEFINED BELOW IN SECTION 1. CCS FOR ASIA SDN. BHD. RESERVES ALL RIGHTS NOT EXPRESSLY
GRANTED TO USER IN THIS AGREEMENT.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER
ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. BY ACCEPTING
THESE TERMS, USER UNDERSTANDS CONTINUED USE OF THE APPLICATION
SIGNIFIES CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO
THEM.
1. Definitions
“CCS FOR ASIA SDN. BHD.” means CCS FOR ASIA SDN. BHD. a limited liability company based in Malaysia, and all parent
companies, subsidiaries, affiliates, or related companies that are either owned (partially or
wholly) by CCS FOR ASIA SDN. BHD. or that own (partially or wholly) CCS FOR ASIA SDN. BHD. either now or in the
future. Collectively, CCS FOR ASIA SDN. BHD. and all such parent companies, subsidiaries, affiliates, or
related companies shall be referred to herein as “CCS FOR ASIA SDN. BHD..”
As referenced herein, a company shall be deemed to be related to another company if the first
company is:
a) the holding company of the other company or deemed to be the holding company of the
other company by operation of any applicable legislation; or
b) a subsidiary of the other company or deemed to be a subsidiary of the other company by
operation of any applicable legislation; or
c) a subsidiary of the holding company or ultimate holding company of the other company
or deemed to be a subsidiary of the holding company of the other company by operation
of any applicable legislation.
2. Incorporation of Related Terms
The Terms incorporate and supplement other terms, conditions, and policies of CCS FOR ASIA SDN. BHD.,
including without limitation the following related terms, conditions, and other policies, the
location and terms of which may be changed from time-to-time,
CCS FOR ASIA SDN. BHD. reserves the right to change such terms in such Terms of Use, Privacy Statement, and
Cookies Policy, and/or discontinue the Application’s features at any time and without notice to
User.
Should any provisions in the Terms of Use, Privacy Statement, and Cookies Policy listed above
conflict with these Terms, these Terms shall control, to the extent such provisions apply to the
Application.
3. End-User License
The Application is licensed to User. CCS FOR ASIA SDN. BHD. grants to User a limited, non-exclusive, non-
transferable, and revocable license to use the Application (“User License”) on a computing
device that User owns or controls, and for downloadable mobile applications, subject to any
other applicable terms of the digital application store through which User acquired the
Application (“Store Terms”).
User may not rent, lease, lend, sell, redistribute, or sub-license the Application, unless expressly
authorized to do so in writing by CCS FOR ASIA SDN. BHD.. User may not copy (except as expressly permitted by
this license and the Store Terms), decompile, reverse engineer, disassemble, attempt to derive the
source code of, modify, or create derivative works of the Application, any updates, or any part
thereof (except as and only to the extent any foregoing restriction is prohibited by applicable
law). Any attempt to do so is a violation of the rights of CCS FOR ASIA SDN. BHD., and if User breaches this
restriction User may be subject to restraint, damages, or possibly prosecution.
Any use of the Application in any other manner, including, without limitation, resale, transfer,
modification or distribution of the Application or text, job leads, job details, job postings, work
request, pictures, audio, barcodes, part identifiers, part dates, video, identifiers, dates, drawings,
data, hyperlinks, displays, and other content associated with the Application (“Content”) is
prohibited unless approved by CCS FOR ASIA SDN. BHD. in writing.
These Terms of the User License will govern any upgrades provided by CCS FOR ASIA SDN. BHD. that replace
and/or supplement the original or current version of the Application, unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgraded Application.
4. Wireless Feature of Application
Part of the Application may involve retrieving data from mobile devices (e.g., smartphones)
using the Application, wireless tags (e.g., RFID, NFC, etc.) from third-party equipment, or other
objects (collectively “Wirelessly Obtained Data”). All Wirelessly Obtained Data provided to or
procured by the Application shall be exclusively owned by CCS FOR ASIA SDN. BHD., as are any and all customer,
job, or other types of lists created therefrom. Any and all title and interest of User’s to such
Wirelessly Obtained Data shall immediately vest to CCS FOR ASIA SDN. BHD. upon receipt of such Wirelessly
Obtained Product by the Application for use by CCS FOR ASIA SDN. BHD. for any intended purpose. Wirelessly
Obtained Data shall include, without limitation, all customer names, account information, job locations, job postings, job leads, bids, wireless tag or object identifiers, location data, GPS data, historical data, service provider, emails, phone numbers, performance Ratings, or any other information that are reasonably procured to market or provide services through the Application.
5. User Information
Application features may use, maintain, or transmit User’s personal information, including,
without limitation, user names, passwords, proper names, email address, geographic address,
location, Worker Ratings, Contractor Ratings, financial information (including credit card
information), GPS location information, and information for and from CCS FOR ASIA SDN. BHD.’s or third party-
managed software (collectively “User Information”). By acknowledging and agreeing to this
Agreement, or by using the Application, User consents to the transmission of User Information
to CCS FOR ASIA SDN. BHD., including its agents, parent entity, subsidiaries, related companies, affiliates, and
third-party partners, and consents to CCS FOR ASIA SDN. BHD., including its agents, parent entity, subsidiaries,
related companies, affiliates, and third-party partners receiving, collecting, storing, marketing,
processing, transmitting, and using User Information for Application functionality and for any
intended reason CCS FOR ASIA SDN. BHD. deems fit. Unless protected by other intellectual property rights of User,
all User Information obtained by or provided to the Application shall be solely owned and
immediately vest, upon transmission, to CCS FOR ASIA SDN. BHD.
6. User-Generated Content
The User may retrieve information through the Application or otherwise generate content while
using the Application (“User-Generated Content”). User grants CCS FOR ASIA SDN. BHD. a worldwide;
irrevocable; transferrable; sub-licensable; fully-paid and royalty-free; and non-exclusive license
to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative
works from the User-Generated Content in any manner CCS FOR ASIA SDN. BHD. wishes.
7. Prohibited Uses
Use of the Application is limited to the contemplated functionality of providing construction jobs
and construction job leads, connecting construction Workers and Contractors for construction
work, Rating construction Workers and Contractors, and sharing such Rating information with
other Users of the Application. The Application shall not be used in any way that,
a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights
of any other party (including but not limited to rights of publicity or other proprietary
rights);
b) is unlawful, fraudulent, or deceptive;
c) uses technology or other means to access unauthorized content or non-public spaces;
d) uses or launches any automated system or process, including without limitation, “bots,”
“spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
e) attempts to introduce viruses or any other harmful computer code, files or programs that
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
f) attempts to damage, disable, overburden, or impair CCS FOR ASIA SDN. BHD.’s servers or networks;
g) attempts to gain unauthorized access to a CCS FOR ASIA SDN. BHD.’s computer network;
h) attempts to gain unauthorized access to CCS FOR ASIA SDN. BHD.’s user accounts;
i) encourages conduct that would constitute a criminal offense, or that gives rise to civil
liability;
j) violates these Terms in any manner; or
k) fails to comply with applicable third-party terms and conditions or other third-party
policies (collectively “Acceptable Use”).
CCS FOR ASIA SDN. BHD. reserves the right, in its sole discretion, to terminate any User License, remove Content,
assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal
action with respect to Content or use of the Application that CCS FOR ASIA SDN. BHD. reasonably believes is or
might be in violation of these Terms, but failure or delay in taking such actions does not
constitute a waiver of its rights to enforce these Terms.
8. Unauthorized Access
User may be given access to the Application by way of one or more user log-in credentials (e.g.,
username, password, biometric scan, gesture or facial recognition, or the like). User assumes all
liability with respect to managing access to the Application using the log-in credential(s). CCS FOR ASIA shall not be liable, and User hereby assumes all liability, for any access of data through the
Application procured by an unauthorized use of a log-in credential.
9. Access to Data
The Application may not be accessible from time to time. User should not count exclusively on
the Application for access to any particular type of data, Worker contact information, Contractor
contact information, Ratings, job listing, job lead, or other information in the Application. CCS FOR ASIA makes no warranty or representation, express or implied, as to the availability of the Application or the availability of any data that may be accessed through the Application.
10. No Warranties or Representations
CCS FOR ASIA SDN. BHD. IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS”
AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS,EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER
OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, CCS FOR ASIA SDN. BHD. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE,
RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS
IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN
CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY
OR SECURELY TRANSMITTED. ADDITIONALLY, CCS FOR ASIA SDN. BHD. PROVIDES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, IN ANY DATA
(E.G., JOB LISTING, JOB LEAD, CONTRACTOR INFORMATION, WORKER INFORMATION, RATING, OR OTHER DATA OF THE APPLICATION) COLLECTED BY OR ACCESSIBLE THROUGH THE APPLICATION FOR THE USER.
11. No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT
SHALL CCS FOR ASIA SDN. BHD. OR ANY OF ITS SUCCESSORS, AFFILIATES, SUBSIDIARIES,
PARENT ENTITIES, DIRECTORS, SHAREHOLDERS, OR ANYONE INVOLVED IN
CREATING OR PROVIDING THE APPLICATION: (A) BE LIABLE TO THE USER WITH
RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR
CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION,
DEVICE FAILURE OR MALFUNCTION, INFRINGEMENT OR MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS (E.G., PATENTS, COPYRIGHTS, TRADEMARKS,
TRADE SECRETS, TRADE DRESS, OR UNFAIR COMPETITION); OR (C) BE LIABLE
FOR DAMAGES OR INJURY CAUSED DIRECTLY OR INDIRECTLY THROUGH USE OF
DATA OR CONTENT OF THE APPLICATION. IN NO WAY SHALL CCS FOR ASIA SDN. BHD. BE LIABLE
FOR THE ACCURACY OF ANY INFORMATION COLLECTED FROM OR PROVIDED BY
THE APPLICATION, ANY INFORMATION ACCESSIBLE THROUGH THE APPLICATION, ANY USER-GENERATED CONTENT, OR ANY USER INFORMATION.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event
shall CCS FOR ASIA SDN. BHD. be liable for damages, losses, and/or causes of action exceeding the amount, if any,
paid by User for use of the Application or 9.99 MYR Monthly, whichever is less.
12. Intellectual Property
User agrees that the Application may contain or provide access to proprietary content, information and materials that are protected by intellectual property and other laws, including but
not limited to patent, copyright, trade secret, and trademark—either by CCS FOR ASIA SDN. BHD. or a third-party
entity. No portion of the Application may be reproduced in any form or by any means. User shall not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including
but not limited to, by trespass or burdening network capacity. CCS FOR ASIA SDN. BHD.’s patents, trademarks, copyrights, trade secrets, and other intellectual property used in
connection with the Application are wholly owned by CCS FOR ASIA SDN. BHD. (collectively “CCS FOR ASIA SDN. BHD.’s IP”).
Nothing in these Terms transfers ownership of any of CCS FOR ASIA SDN. BHD.’s IP to User, unless expressly done
herein or by CCS FOR ASIA SDN. BHD.. CCS FOR ASIA SDN. BHD.’s IP and Third-Party Marks may not be copied, imitated or used,
in whole or in part, without the prior written permission of CCS FOR ASIA SDN. BHD. or the applicable IP holder.
Other trademarks, service marks, graphics and logos used in connection with the Application are
the trademarks of their respective owners (collectively “Third-Party Marks”). To the extent User
supplies their own intellectual property to the Application (e.g., posting a job with a certain
trademarked logo), User grants CCS FOR ASIA SDN. BHD. a non-exclusive license to use such intellectual property
for the purpose of providing relevant job postings, job leads, Ratings, or other information through the Application.
13. Indemnification
User shall indemnify, defend, and hold CCS FOR ASIA SDN. BHD. harmless from any claim, cause of action or
liability incurred by CCS FOR ASIA SDN. BHD. as a result of third party claims for personal injury, death, or damage
to property, to the extent caused by User’s use of or reliance on the data provided by the
Application. User also indemnifies, defends, and holds CCS FOR ASIA SDN. BHD. harmless from any intellectual
property (including patent, trademark, copyright, trade secret, unfair competition, or the like)
claim asserted against CCS FOR ASIA SDN. BHD. because of User’s combined use of the Application with another
non-authorized software service.
CCS FOR ASIA SDN. BHD. shall have the sole authority to direct the defense, settle, appeal, or otherwise manage
any indemnified claim, regardless of User’s indemnification obligations. Additionally, CCS FOR ASIA SDN. BHD.
shall be entitled to select the legal counsel of its choosing to defend itself against any claims
(actual or alleged) from third parties.
14. Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms
shall be deemed severable and shall not affect the validity and enforceability of any remaining
terms. Failure of CCS FOR ASIA SDN. BHD. to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision in that or any other instance.
16. Modification of these Terms
CCS FOR ASIA SDN. BHD. reserves the right to change or modify these Terms or any other CCS FOR ASIA SDN. BHD. terms,
conditions, CCS FOR ASIA SDN. BHD., or policies related to use of the Application (including those identified in
this agreement) at any time and at its sole discretion by posting revisions on the CCS FOR ASIA SDN. BHD. website
(https://www.ccsforasia.com) or within the Application. Continued use of the Application following
the posting of these changes or modifications will constitute User’s acknowledgment and
agreement to such changes or modifications. Only a specific, written waiver signed by an
authorized representative of CCS FOR ASIA SDN. BHD. shall have any legal effect as a waiver of any Terms of this
Agreement.
17. Third Party Beneficiary
User agrees that CCS FOR ASIA SDN. BHD.’s service providers, licensors, or others authorized by CCS FOR ASIA SDN. BHD. to be involved in creating or providing the Application are third party beneficiaries to this agreement and may rely upon the provisions of this agreement, including but not limited to, the provisions concerning indemnification, warranties, limited liability, intellectual property, and confidentiality.
18. Termination
The User License to use the Application is effective until terminated by CCS FOR ASIA SDN. BHD., regardless of
cause, or upon removal of the Application from all devices owned or controlled by User. User’s
rights will terminate automatically without notice from CCS FOR ASIA SDN. BHD.. Upon termination, User shall
cease use of the Application and remove all downloaded versions of the Application.
Sections 8, 10, 11, 12, 13, 14, and 22 of these Terms shall survive termination for a period of
seven (3) years following the date of termination or User’s removal of any versions of the
Application from all User-owned or -controlled devices.
19. Waiver
Forbearance or failure of CCS FOR ASIA SDN. BHD. to enforce any of these conditions or to exercise any right will
not affect or impair its rights. Nor shall forbearance be deemed a waiver of CCS FOR ASIA SDN. BHD.’s rights
under this agreement.
20. Entire Agreement
These conditions supersede all other conditions and provisions and are the parties’ entire
agreement.
21. Confidential Information – Definitions
For the purposes of this Agreement, the term “Confidential Information” means and includes
information provided by CCS FOR ASIA SDN. BHD. to User or its Representatives, and information that CCS FOR ASIA SDN. BHD.
permits control of and/or access to by User and User’s representatives, in connection with the
Application, including, without limitation, any job postings, job leads, Worker contact or billing information, Contractor contact or billing information, Contractor Ratings, Worker Ratings, or other data on the Application related to constructions work, Ratings, or the construction industry
in general. Notwithstanding anything to the contrary herein, Confidential Information shall not
include information that
a) is at the time of such disclosure or thereafter becomes part of the public domain other
than as a result of a breach of this Agreement by User or User’s Representatives,
employees, agents, or Contractors;
b) becomes available to User from a source that is not known by User to be in breach of an
obligation to keep such information confidential, unless User becomes aware of such
obligation;
c) was in User’s possession on a non-confidential basis prior to access to the same through
the Application;
d) is independently developed by User or User’s Representatives without use of or reliance
on the Confidential Information obtained through the Application; or
e) becomes approved for release in writing by CCS FOR ASIA SDN. BHD..
With respect to a particular Party, the term “Representatives” means and includes such Party’s
affiliates, directors, officers, members, managers, employees, representatives (including, without
limitation, financial advisors, legal counsel, consultants and accountants), customer, and agents.
User understands that its use of the Application may expose User to Confidential Information of
some of CCS FOR ASIA SDN. BHD. or its customers, and User agrees to maintain such Confidential Information of
CCS FOR ASIA SDN. BHD.’s customers in accordance with this Agreement.