Terms & Conditions

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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.