When you (“You” “Your” or “User”) use this Internet web site (“Site”) or services that are offered through this Site, You agree to the following terms and conditions (the “Use Agreement”). Devices World Sdn. Bhd. (“DevicesWorld” or “We” or “Us”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE OR SERVICES PROVIDED THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
The Site is Evolving
We may modify this Site and the services available in it without notice.
As used in the context of this Site, the following definitions apply.
Appliance (or Appliances)
is any equipment that does not have built-in Internet connectivity.
Device (or Devices)
refers to the Internet Access Device provided by Us or our associates, partners and resellers that can be retrofitted to Your Appliance. It functions as an Internet Access Device and a remote data logger.
refers to the Site and all its associated hardware and software that enables communication between Customers, Devices and Appliances.
This refers to all data automatically sent to the Site by the Devices or appliances, and data manually entered into the Site by Customers.
Ownership of Customer Data
Customer is the sole owner of his/her Customer data, and is hence the sole responsible party for that data. Customer can request access to his/her Customer data and request that it be removed from our system. DevicesWorld will make all reasonable attempts to comply with these requests.
While Customer is the owner of his/her Customer data, DevicesWorld retains ownership of the storage media that houses the Customer data. Thus, as in any lease-type agreement, we reserve the right to copy, relocate, back up, and remove Customer data from our system.
Customer data collected in aggregate form is the property of DevicesWorld.
Limitations of Internet as a communication medium
Customer understands and accepts the fact that, as a communication medium, the Internet is known to be non-deterministic. Data packets may be transmitted within the internet reliably, but no guarantees regarding transmission time are given. This is generally known as best-effort service.
In applications where the level of synchronism required is in the microsecond or millisecond range, this internet-based solution may not be suitable. Using this service based on the internet’s “best-effort” communication medium, the Customer understands and accepts that response times are typically in the seconds range.
Customer further understands and accepts that as a public network, the internet is owned and operated by different entities outside the control of DevicesWorld. Failures in any portion of this global network may affect the integrity and speed of data transmission.
Limitations of Mobile Wireless Telecommunication Networks as a communication medium
Customer understands and accepts the fact that, certain data between Customer and Server or between Devices and Server is transmitted via third party telecommunication networks like the GSM networks. These networks are subjected to network congestions or other circumstances that may result in the delay or total loss of data.
Customer Responsibilities when using the Service
When using the services offered through this site as a means to monitor Alarms or other events in applications such as a Central Monitoring System (CMS), Customer understands that the operators of this site. its associates, partners or resellers are not obliged to contact the Customer whenever such events occurs. Alerts are sent out by the Server to the Customer’s email account, pager account or mobile phone account according to the data entered into the Server by the Customer. It is the Customer’s responsibility to verify that the data is correct and that the destination mobile devices or email accounts are active and accessible by the Customer at all times. It is also the Customer’s responsibility to ensure that all automatic actions to be performed by the Server for the Customer’s account are accurately programmed.
Customer agrees to replace the default ISP account information in each Gateway registered under the Customer’s account with the Customer’s ISP account information immediately upon receipt of the Gateway. Failure to do so may result in the de-registration of the Gateway.
Customer agrees to maintain the ISP account programmed into the Gateway active at all times. Failure to do so may prevent the Gateway from accessing the Internet and other services offered under this agreement.
Customer agrees to maintain a positive balance in the pre-paid SMS account for the purpose of receiving mobile alerts from the Server. Customer understands that when the balance reaches zero, the SMS alert service will be automatically suspended, and no further alerts will be sent until the account balance is positive again.
You, the Customer agrees to pay all monies, if any, due to DevicesWorld for the use of the Site; AND
NOT to do any of the following while using the Site:
- Violate any applicable law or regulation;
- Use the Site to monitor and/or control any Device, Appliance or equipment for any unlawful or illegal purposes;
- Use the Site to monitor and/or control any Device, Appliance or equipment related to any form of explosives, substances or processes that may result in bodily harm or damage to properties.
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Tamper with data of other Customers;
- Access, tamper with or use Devices or Appliances of other Customers;
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
- Post false or misleading information on the Site;
- Frame or link to the Site except as permitted in writing by DevicesWorld;
- Impersonate or misrepresent Your affiliation with any person or entity.
Without limited other remedies, We may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach this Agreement or the documents incorporated herein by reference; (b) if We are unable to verify or authenticate any information You provide to Us; (c) if We believe that your actions may cause legal liability for You, our Customers or for DevicesWorld or (d) if you fail to pay any or all monies due to us.
DevicesWorld will give You notices by posting them on the Site. You authorize DevicesWorld to send notices via electronic mail as well if DevicesWorld decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
You may cancel Your registration at any time by notifying us. We may cancel Your registration and deny you access to any or all sections of this Site if You fail to pay all monies due to Us seven (7) business days after notice of any non-payments have been sent to You. Your registration may also be cancelled if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. We will notify You if We cancel, unless in our judgment giving notice would cause a risk of further violation or damages. However, We will notify You that Your account will be canceled if this is required by law. When Your registration is canceled, You may no longer have access to Devices data, messages, files and other material You keep on the Site. The material may be deleted. The provisions entitled “Errors and Disclaimer of Warranties,” “Indemnity,” “Limitation of Liability,” and “General Provisions” will survive cancellation of Your registration.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by DevicesWorld. DevicesWorld and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if DevicesWorld believes that customer conduct violates applicable law or is harmful to the interests of DevicesWorld and its affiliates.
Limitation of Liability
NEITHER DEVICESWORLD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES OFFERED THROUGH THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
DevicesWorld is not responsible for any liability related to the accuracy, timely transmission, and/or integrity of any data received from or transmitted to the Devices and/or Appliances and/or Customers from this Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Errors and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site.
EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DEVICESWORLD MAKES NO WARRANTY THAT THE SITE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DEVICESWORLD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
You agree to defend, indemnify, and hold harmless DevicesWorld, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, including without limitation claims against DevicesWorld for unsatisfactory performance or the Site or of Devices and/or Appliances networked to this Site, or Your violation of this Use Agreement.
You are responsible for compliance with applicable local laws. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of DevicesWorld. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of DevicesWorld shall be null and void.
This Use Agreement will be governed by the law of Malaysia, without regard to its conflicts of law provisions.
The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
The Use Agreement comprises the entire agreement between You and DevicesWorld with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein.
We suggest that You print out a copy of this Use Agreement for Your records.
Last Updated: 19th November 2004