TERMS AND CONDITIONS
Welcome to the Dashing website (“the Site”, and where applicable, reference to “the Site” includes its contents as well as the facilities and/or services provided thereunder). The Site is owned and operated by WIPRO UNZA (MALAYSIA) SDN. BHD. (“WIPRO UNZA”). The Site is made available to you (“the user”) subject to these terms and conditions. By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. WIPRO UNZA may modify and change these terms and conditions from time to time. Accordingly, please continue to review these terms and conditions whenever accessing or using this Site. Your use of this Site after the posting of modifications or changes to these terms and conditions will constitute your acceptance of the terms and conditions as modified or changed. In addition, when you use any other current or future service or facilities provided by WIPRO UNZA on this Site you also will be subject to such applicable guidelines, terms and agreements applicable to such service or facility. If such guidelines, terms and agreements are inconsistent with these terms and conditions, the latter will prevail. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT USE OR ACCESS THIS SITE.
DISCLAIMER AND LIMITATION OF LIABILITY
The information, materials and services contained on this Site are provided to you on a “as is”, and “as available” basis. WIPRO UNZA does not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. WIPRO UNZA shall endeavour its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this Site, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.
To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this Site is free form destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this Site will be fully accessible at all times, uninterrupted, or error-free.
To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with use of this Site, or inability to see this Site by any party; or any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
USE OF THE SITE
If you wish to access the Site you may be required to apply for and maintain a user account. To do so, you will need to complete the registration process. During the registration process, you agree to provide true, accurate, current and complete information about yourself (“Registration Information”) as prompted by the registration form found on the Site. You further agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. WIPRO UNZA will have no liability for failure to deliver notifications, information, or otherwise that result from inaccurate account information or otherwise.
In the event the Registration Information is found to be untrue, inaccurate, not current or incomplete, or WIPRO UNZA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WIPRO UNZA has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You will be required to provide your chosen user name and password during the registration process.
Please note that WIPRO UNZA may suspend, remove or revoke any registration in the event the account stays dormant for more than 6-12 consecutive months or if WIPRO UNZA believes that the information provided is not true, illegal, defamatory or offensive in any way.
All information and content available on the Site including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, is the property of WIPRO UNZA.
Neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the express, prior written consent of WIPRO UNZA.
LIMITATION OF WARRANTIES
You understand that WIPRO UNZA does not guarantee and makes no representation or warranty as to the accuracy, completeness, availability continued availability reliability or content of the Information or the Site or messages disseminated to or by any party. You understand that WIPRO UNZA does not warrant that the Site will be uninterrupted or error free. In the event that the Facility is not available, is delayed, is interrupted, is incomplete, or is not accurate or is otherwise materially and adversely affected, WIPRO UNZA shall only in so far as is reasonably practicable endeavour to correct such failure(s).
You agree that WIPRO UNZA and/or its affiliates shall not be liable in any way to you or any third party for any inaccuracy, errors, omissions or delays in the content of any information, including the Information, provided through this Site, or for any actions taken by you, or any third-party, in reliance thereon.
You agree that your use of this Site is at your sole risk. This Site is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied including, without limitation, those of merchantability and fitness for a particular purpose or in respect of non-infringement of any intellectual property.
WIPRO UNZA does not warrant that the Site is free from errors or viruses, worms, malware, spyware, adware or “Trojan Horses” and is not liable for any damages you may suffer as a result of such destructive features.
You expressly agree that use of this Site is at your own risk and that WIPRO UNZA and/or its affiliates shall not be liable in any way to you or to any third parties including, without limitation, in respect of the following:
- any Information, data or message within this Site;
- the transmission or delivery of any information, data or message to and from this Site;
- any loss or damage arising from or occasioned by any non-performance, deficiency,
- interruption or distortion of any information, data or message, whether due to any negligent act or omission by WIPRO UNZA or otherwise;
- any “force majeure” event (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of WIPRO UNZA;
- the access and use of this Site; or any failure, damage, interruption, inaccuracy, breakdown, errors, omissions, delays or any other problems or consequences arising from the failure of the Site or any software or hardware used in connection therewith to be Year 2000 ready or to correctly process, provide and display date data as well as exchange accurate date data within and between the twentieth and twenty first centuries.
DISCLAIMER AND LIMITATION OF LIABILITIES
WIPRO UNZA and or its affiliates shall have no responsibility or liability for any fault, inaccuracy, omission, delay or other failure in the Site caused by your computer equipment or communication media or arising from your use of the Site using such equipment or communication media.
Under no circumstances, including negligence, shall WIPRO UNZA and/or its affiliates be responsible or liable for any lost profits, losses, punitive, incidental, direct, indirect, incidental, special or consequential damages howsoever incurred by you or by any other party in respect of these terms and conditions and the use of the Site.
You understand that using this Site for an illegal purpose or to transmit content that is unlawful, harassing, libellous, invasive of another’s privacy, harmful, vulgar, obscene, or otherwise objectionable, is not permitted. Among the categories of actions that are not permitted are:
- the sharing or transmission of junk mail, spam, or unsolicited mass distribution or emails;
- the sharing or transmission of content that you are prohibited by law from sharing or transmitting (e.g., third-party copyright or trademark) or that you are prohibited from sharing or transmitting by contractual or fiduciary duties (e.g., non-disclosure agreement terms);
- the sharing or transmission of knowingly false or misleading statements;
- the impersonation by you of any person or entity, or any false statement of affiliation by you with any person or entity;
- the sharing or transmission of any unsolicited advertising, promotional or marketing materials, sales information or other forms of solicitation; or
- the sharing or transmission of any message or content that violates any applicable local, state, national, international or foreign law, including rules and regulations promulgated by any applicable regulatory organization or governmental entity.
HYPERLINKS FROM THIS SITE
This site may from time to time contain links to third-party World Wide Web sites and resources on the Internet. WIPRO UNZA provides links to these other websites only as a convenience. The inclusion of such links on this sites are not endorsements by WIPRO UNZA, implied or otherwise of the linked site or any products or services in such sites., and no information in such sites has been endorsed or approved by WIPRO UNZA. The linked sites are not under the control of WIPRO UNZA, and WIPRO UNZA is not responsible for the contents of any linked site or any link contained in a linked site. You agree that under no circumstances shall WIPRO UNZA and/or its affiliates be held responsible or liable, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked sites.
CONFIRMATIONS, STATEMENTS, NOTICES AND OTHER COMMUNICATIONS
- You understand that it is your responsibility to review, upon first receipt, whether delivered to you by mail, by e-mail, or other electronic means, all confirmations, statements, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty eight (48) hours after any such document is sent to you. In all cases, WIPRO UNZA reserves the right to determine the validity of your objection to the transaction. Notices and other communications may also be provided to you verbally.
- You agree that WIPRO UNZA fulfils its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, en electronic mail attachment, or in the form of an available download from this site. You represent that you will download the relevant document promptly after receiving notice of its availability.
- Should you experience any difficulty opening a document electronically delivered by WIPRO UNZA, you shall promptly advise WIPRO UNZA in order to allow us to make the required delivery by other means. Failure to advise WIPRO UNZA of such difficulty within forty-eight hours (48) after delivery shall serve as an affirmation that you were able to receive and open the said document.
- Communications may be sent to you at your postal or electronic mail address or at such other address as you may hereafter give to us in writing or enter on this site. All communications so sent, whether by mail, e-mail, facsimile, telegraph, messenger or otherwise, shall be deemed delivered and received, whether actually received or not.
- All notices, payments and other communications required to be given in writing under these terms and conditions shall be directed to: WIPRO UNZA at No. 10, Jalan Subang 2, Taman Perindustrian Subang, 47610 Subang Jaya, Malaysia, or to you at the last address known contained in your account.
- If you access this site from outside Malaysia, you are responsible for compliance with foreign and local laws.
- In addition to the foregoing, you specifically agree to hold WIPRO UNZA and/or its affiliates harmless from any and all claims howsoever arising out of or in connection with these terms and conditions or the subject matter thereof, and agree that WIPRO UNZA and/or its affiliates shall not be liable for any loss, actual or perceived, caused directly or indirectly by any change in law, federal, state or local government restriction, exchange or market regulation, any threat or potential threat to the integrity of the markets conducted or operated by WIPRO UNZA, suspension of trading, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access to the Site, theft, or any problem, technological or otherwise, that might prevent you from entering this Site, or other conditions beyond our control.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. All disputes arising out of or in connection with these terms and conditions shall be submitted to the courts of competent jurisdiction in Kuala Lumpur, Malaysia. If you are a foreign national, non-resident, or if you do not reside in Malaysia, you affirmatively agree to waive your right to file any action against WIPRO UNZA in any foreign venue or jurisdiction other than in Malaysia as set forth above.
- Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflectedin the original provision.