Term and Conditions
By using and/or browsing the Website, and/or signing this Agreement, you agree that you have read, understood, and agree to be bound by these Terms and Conditions.
If you do not agree with these Terms and Conditions, in whole or in part, please discontinue using and/or browsing our Website, and/or signing this Agreement immediately.
This Agreement is made between Mega Online Sdn Bhd (Company No.: 1279557-H), hereinafter known as “the Hosting Company,” a company incorporated under the Companies Act 2016 (Act 777), and the Client, which shall include all employees, servants, and agents of any company, partnership, firm, or individual as specified in the Vendors Application Form (hereinafter known as “the Client”).
The Hosting Company will provide hosting services to you on the Terms and Conditions as set out here in Rekareno’s Website(s).
Rekareno may assign or change any part or parts of our rights under these Terms and Conditions without the Client’s consent or prior notification.
The Terms and Conditions read together with the Vendor’s Application Form shall constitute a legally-binding agreement between the Client and Rekareno.
- Definitions
Unless expressly stated otherwise the following definitions shall apply to the terms used in this Terms and Conditions: –
“Client””
means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
“Client Content”
means all materials created or supplied by the Client to The Site;
“Computer Virus”
means any programs or data incorporated into software or data that disrupts the proper operation of a computer hardware system or the associated software;
“Confidential Information”
means all information passing from one party to the other party relating to the business of the disclosing party, including but not limited to trade secrets, drawings, know-how, techniques, source and object code, business and marketing plans and projections, arrangements and agreements with third parties, customer information and customer information proprietary to customers, formulae, suppliers, concepts not reduced to material form, designs, plans and models;
“Expenses”
means the out of pocket expenses incurred by the The Site in acquiring anything reasonably necessary for it to perform the requirements imposed on it by this website;
“Fee”
means the fee specified in clause 8 of the Terms and Conditions to be paid by the Client for the performance by the The Site of its obligations under this Agreement;
“Hosting Services”
means those services provided to the Client in various categories of the Website or by the relevant Personnel;
“Intellectual Property”
means all intellectual property rights relating to or owned by “The Site” anywhere in the world (including present and future intellectual property rights) including but not limited to Confidential Information, business names or logos, domain names, copyright, database rights, patents, trade or service marks, designs, software, computer data, generic rights, software programmes and source code and all variations, modifications or enhancements to each of them together with any application or right to apply for registration or protection of those rights;
“Materials”
means all materials owned by a party used in the provision of the Hosting Services, including but not limited to software programs and source code;
“Online Conduct Policy”
means the policy in Clause 12 setting out the terms and conditions on which the Client agrees to utilise the The Site’s network, systems, products and services;
“Personnel”
means any employees, officers, agents, contractors, or directors of the The Site;
“Service”
means the professional service offered and / or to be rendered by the Service Professional in the course of his business to a service user;
“Service User”
means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for professional services offered by Service Professionals, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the Website;
“Website”
means the website or sites as hosted by the The Site any other related microsites and / or mobile or web applications owned and operated by The Site, which may or may not be of similar names and any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content, including but not limited to “Rekareno”.
2. Definitions
2.1 In this Agreement, unless the context otherwise requires:
- 2.1.1 a reference to any document is a reference to that document as varied, novated or replaced from time to time;
- 2.1.2 the singular includes the plural and vice versa;
- 2.1.3 a reference to a gender includes all other genders;
- 2.1.4 a reference to a person or entity includes a natural person, a partnership, corporation, trust, association, an unincorporated body, authority or other entity; and
- 2.1.5 a reference to a person includes that person’s legal personal representative, successors and permitted assigns.
- 2.2 Headings have been inserted for convenience only and shall not affect the interpretation of this Agreement, including references to the website known as “Rekareno”.
3. Provision of the Hosting Services
3.1 The Hosting Company will provide the Hosting Services to the Client on the Terms and Conditions of this Agreement.
3.2 The Client acknowledges that the Website functions as an online platform for Service Users to connect with the Client for the purposes of transacting to respectively receive and provide Services. The Hosting Company is not itself the Client or a Service User, but rather facilitates the transactions between the Service Users and the Client through the Website.
4. Availability
4.1 The Client acknowledges that the Rekareno’s systems, servers, and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
4.2 In the event of any such interruptions Rekareno will notify the Client by email or facsimile as soon as reasonably practicable of any such interruptions to its ability to provide the Hosting Services.
4.3 Rekareno agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.
4. Limitation of Liability
5.1 The Hosting Company gives no condition, warranty, or undertaking, and makes no representation to the Client about the suitability of, or fitness of, the Hosting Services for the Client’s purposes other than those conditions, warranties, undertakings, or representations expressly set out in this Agreement.
5.2 All warranties, conditions, and other terms implied by statute or common law are excluded from the terms of this Agreement to the fullest extent permitted by law.
5.3 Nothing in this Agreement excludes or limits the liability of the Hosting Company for:
- 5.3.1 death or personal injury caused by Rekareno’s negligence; or
- 5.3.2 from fraudulent misrepresentation or fraud.