// TERMS OF USE - 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 Broadfield Holdings Sdn. Bhd. (Broadfield) from time to time. Subject to the conditions set forth herein, Broadfield 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. Alternatively, you may visit the Broadfield website which contains the Terms of Use and Privacy policy for your viewing, accessible via https://broadfieldholdings.com.my/terms_of_use/. 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 Broadfield. 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. Broadfield 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. Broadfield 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 Broadfield’s prior written consent, except that Broadfield 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 Broadfield 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, Broadfield 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. Broadfield 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. Broadfield 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. Broadfield provides no assurances that any reported problems will be resolved by Broadfield, even if Broadfield elects to provide information with the goal of addressing a problem.

 

4. CONFIDENTIAL INFORMATION

Broadfield does not want to receive confidential or proprietary information from you through our website. Please note that any information sent or collected through Broadfield will be deemed NOT to be confidential. By sending Broadfield any information or material, you grant Broadfield 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 Broadfield 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 data/information that you submit to Broadfield for the purpose of receiving products or services will be handled in accordance with our Privacy Policy and in full compliance with the Personal Data Protection Act 2010 and the Personal Data Protection (Amendment) Act 2024. 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 Broadfield 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 Broadfield publishes on the World Wide Web may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Broadfield 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-Broadfield websites and resources. Broadfield makes no representations, warranties, or other commitments whatsoever about any non- Broadfield websites or third-party resources that may be referenced, accessible from, or linked to any Broadfield site. A link to a non- Broadfield website does not mean that Broadfield endorses the content or use of such website or its owner. In addition, Broadfield 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 Broadfield site. Accordingly, you acknowledge and agree that Broadfield 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- Broadfield website, even one that may contain the Broadfield -logo, please understand that it is independent from Broadfield, and that Broadfield 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 Broadfield, except that Broadfield 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 Broadfield; (c) imply that Broadfield approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Broadfield or otherwise damage the goodwill associated with Broadfield’s name or trademarks. As a further condition(s) to being permitted to link to this site, you agree that: (i) your link(s) shall be based on (and subject to) the HTTPS (which uses SSL/TLS certificates for encryption) secure connection standard; and (ii) Broadfield 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 Broadfield’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: (a) you are solely responsible to determine (on your own) and only use link(s) that shall be based on (and subject to) the HTTPS (which uses SSL/TLS certificates for encryption) secure connection standard; and (b) please also note that these websites have their own privacy policy and that we do not accept any responsibility or liability for these policies or websites and you are advised to confirm that all external links use HTTPS (SSL/TLS encryption) and to review the privacy policies of each site before submitting personal data/information. We recommended you to be aware of when you leave our website and to read the privacy policy of each and every website that collects personal data/information. Please check these policies before you submit any personal data/information to these websites. Any correspondence and business dealings with or participation in delivery of goods or services, and terms conditions representations associated with such deals are strictly between the user and the said partner networks, advertisers and affiliates. Broadfield shall not be responsible or liable for any loss or damages incurred as a result of any such association between the user and the said partner networks, advertisers and affiliates, including without limitation any breach of personal data protection obligations under applicable regulations and laws.

This privacy policy 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. Broadfield 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, non-infringement of proprietary and intellectual property rights, and that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Without limitation, Broadfield 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. You shall be solely responsible to evaluate the quality, adequacy and usefulness of all services, content and other information obtained or accessible through this website; further you should seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any business or commercial decision based on any such materials or information.

 

10. DISCLAIMER OF LIABILITY

To the fullest extent permitted by law, under no circumstances shall Broadfield be liable in anything/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 Broadfield has been advised or is aware of the possibility of such damages/liability. As for the said recruitment agent(s) or any 3rd party(ies) claiming to represent Broadfield etc; you are solely responsible to determine and verify (on your own) the identity and authenticity of the said party(ies).

 

11. EXCLUSION OF LIABILITY

In no event will Broadfield be liable to any party for any direct, indirect, incidental, special, incidental, exemplary, punitive 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, or inability to use/access this website, technical, hardware or software failure of any kind, interruption, error, omission, delay in operation, computer viruses or otherwise, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Broadfield 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, negligence, strict liability, or any other legal theories. This clause shall take effect to the fullest extent permitted by law.

 

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 policy/notice.

 

13. INDEMNITY

By accessing this website you hereby agree to indemnify and keep fully indemnified Broadfield against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by Broadfield arising from :-

1. your use or misuse of the information, materials on this website and other websites linked to this website and the services provided therein;

2. your breach or non-observance of the terms and conditions of this website;

3. infringements of rights of any third party in conjunction with your use or access to this website; or

4. any failure by you to comply with applicable regulations and laws.

 

14. TERMINATION

Broadfield reserves the right to terminate this website at any time, for any reason.

 

15. MISCELLANEOUS

When accessing/using this website, you agree that you shall comply with all applicable regulations and laws of Malaysia and the country from which you access this website.

The failure of Broadfield to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

If any part of these terms and conditions is determined to be invalid and unenforceable pursuant to any applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

 

16. LAW AND JURISDICTION

These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services etc provided therein you hereby submit to the exclusive jurisdiction of the courts in Malaysia in all disputes arising out of or relating to the use of this website.