Our Terms of UseWe are HorecaBid Sdn. Bhd. (Co. No. 1217585-D) and we are the owners and operators of http://www.horecabid.com (“Website”).
This Website facilitates:
the tenders let by hotels/hospitals/Chain Cafes as procurers (“Buyers”) throughout Malaysia (“Request for Tender”) together with any related information to be presented in an electronic format
tender bids in an electronic format to be uploaded and submitted for processing by the relevant Buyer. (“Tender Bid” or “Tender Bids”) (collectively shall be known as “Services”)
It is important that you read and understand the Terms of Use before using the Services. By accessing and using the Services, you agree to legally bound by these Terms of Use, as these Terms of Use may be modified from time to time.
Use of the Services
Our Website is directed exclusively at commercial enterprises in Malaysia.
You represent that all Tender Bids made by you through our Website will be within the scope of your authority to conclude contracts on behalf of your business.
In order to use our Services, you are required to register with us by completing the registration form on our registration page and submitting it to us.
All information and materials you provide (including any data you upload as part of the Tender Bids) shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address and other requested details.
We may (but we have no obligation to) review the use of the Website by you and delete, edit, refuse to post or remove in whole or in part any information or material uploaded by you to the Website.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number, user ID and password which may be given to or selected by you for use of the Website. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
Our Services We will permit you to access, use and interact with our Website subject to the Terms of Use.
Exclusions and limitations
We do not represent or warrant that access to our Website, or any part of it, will be uninterrupted, reliable or fault-free.
We do not represent or warrant to you that our Website or any of its contents will be accurate, complete or reliable.
We do not represent or warrant that any Services (whether or not provided by us) will be provided with due care and skill; or will be fit for any purpose (even if that purpose has been previously notified to us).
We are providing this Website on an “as is” basis and make no representations or warranties of any kind with respect to this Website or the contents of this Website and disclaim all such representations and warranties. We further exclude all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use. Without limiting the foregoing and to the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website;
the unavailability of our Website (or any part of it) or the Services; and
any delay in providing, or failure to provide or make available any of the Services, or any negligent provision of the Services;
any Services not being of merchantable quality or fit for their intended purpose; or
any misrepresentation on or relating to our Website, the Services (other than a fraudulent misrepresentation made by us or on our behalf).
Consideration should always be given to the nature of Internet transactions and in recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and Website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party.
Your acceptance of the Terms of Use also acts as a general release of us and any of our subsidiaries (and all of our officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and the Website.
Our maximum liability to your business in respect of your use of our Website or any Services we provide or make available to you through or in relation to our Website will be the amount of one year subscription fee paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
You agree that each of these limitations is reasonable having regard to the nature of our Website and in particular given that when you place a Tender Bid, you will enter into a separate contract with the Buyer in each case.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our Website and/or Services to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms of Use.
Website subscription and charges
By subscribing to our Website, you agree to pay in advance our annual subscription charges at the rate applicable from time to time and stipulated on the Website. Please note that our charges exclude all taxes which shall be borne by you.
If you fail at any time to pay any subscription charges due in accordance with these Terms of Use we may, in our discretion and without prejudice to our other rights, deny or suspend your access to those areas of our Website which are exclusively available to subscribers who participates in Tenders. We need not provide you with advance notice in such circumstances. In addition to the foregoing, we shall not be liable for any loss or damage suffered by you as a result of such suspension.
Payment of the subscription charges shall be made in accordance with the procedures as prescribed on the Websites.
Links to other sites Certain advertisements and links, including hypertext links, in our Website will take you outside our Website. Advertisements and links are provided for your convenience and inclusion of any advertisement or link does not imply endorsement or approval by us of any products or services prescribed on the advertisement, the linked website, its operator or its content. We are not responsible for the content of any website outside our Website.
Termination of subscription We may terminate your subscription immediately if you are in material breach of any of the Terms of Use and in particular upon any failure by you to pay your subscription charge in accordance with the Terms of Use.
Prohibited uses
You agree that you will use our Website only for your internal business purposes and that you shall not exploit our Website or any of its contents for any commercial purpose. In addition to the foregoing, the following uses of the Services and Website are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
furnishing false data including false names, addresses and contact details;
furnishing pornographic and hard core materials;
attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
accessing the Services (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
executing any form of network monitoring which will intercept data not intended for you;
sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
ending malicious email, including flooding a user or Website with very large or numerous emails;
unauthorised use, or forging, of mail header information;
engage in any unlawful activity in connection with the use of the Website and/or the Services;
engage in any conduct which restricts or inhibits any Customer from properly using or enjoying the Website and Services;
modify, adapt, translate, reverse engineer, decompile, dissemble, copy, distribute, transmit, display, perform, reproduce, publish or license any portion of the Website, including without limitation any software, any code or script forming part of the Website;
frame or use framing techniques to attach any of our proprietary information (including images, text, page layout or form) without our express consent;
use any meta tags or other “hidden text” utilizing our proprietary information without our express consent;
use any automated process of any sort to query, access or copy any material on the Website or generate or compile any document or database based on the material published on the Website;
transfer or sell any information, functionality or products or services offered on the Website without our written approval;
use the Website for any fraudulent, harmful or unlawful purpose;
post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;
remove any copyright, trademark or proprietary rights notice from the Website or the materials originating from the Website;
download any file posted by another user of the Website that you know, or reasonably should know, is unlawful or contrary to the Terms of Use;
excessively use the Website in a manner which may hinder or prevent us from providing Services to any other persons or which may threaten the integrity or use by any person of the Website;
authorise, aid, abet encourage or incite any person to do any of the above acts;
violate any laws, rules, regulations and/or third party rights;
use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
interfere with or disrupt the operation of the Website and/or the servers or network used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
create a database by systematically downloading or storing Website content;
use any robot, spider, scraper or other automated means to access the Website for any purpose. We reserve the right to suspend or terminate the Services to you if you have breached or you are reasonably suspected to be in breach of the above prohibitions.
You may create a link to this Website, provided that:
the link is fair and legal and not presented in a way that is misleading or could suggest any type of association, approval or endorsements by us that does not exist or harmful to our reputation or the reputation of any of our affiliates.
you retain the legal right and technical ability to immediately remove the link at any time, following a request to do so.
the link will not cause the Website or any part thereof to be embedded in or “framed” by any other Website, or otherwise displayed in a way different to the way originally intended by us. We reserve the right to require you to immediately remove any link to the Website and at any time and you shall immediately comply with any request by us to remove any such link.
Submission of Tender Bids
You hereby acknowledge that it is your responsibility to ensure that your Tender Bids are fully compliant with the terms and conditions contained in the Request for Tender issued by the relevant Buyer. You also acknowledge that at no stage do we become contractually involved in the transaction between you and the Buyer.
You hereby acknowledge that it is your responsibility to upload data for submission pursuant to a Tender Bid through our Website and ensure that your data is compatible with our and the Buyer’s system and requirements. In this regard, you hereby acknowledge that we are not responsible for any of the data you post and/or upload on the Website. You hereby indemnify us from and against all losses expenses, rights, claims, damages, cost (including legal fees) arising out of or relating to any your data should the same breach any Terms of Use.
You are responsible for ensuring you have and maintain an adequate system to ensure transmission of your Tender Bids and to access the other functions of the Website. Please note that the Buyer may reject any late Tender Bids submitted by you. In this regard, we shall not be responsible for any delay or failure in relation to any form of transmission of data (including any downloading or uploading of data) via the Website. In the event the Websites or Services experiences a malfunction, slow processing or error, you agree to find alternative methods to submit your Tender Bids or other material.
You acknowledge that the relevant Buyer shall make the decision with regards to any Tender Bids. In the event you are successful in any of your Tender Bids, you will be notified of the same by the relevant Buyer. We do not accept any responsibility in processing any notification between you and the relevant Buyer.
Indemnity You will indemnify and hold us (and its officers, directors, agent, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to arising out of your breach of these Terms of Use or your violation of any law or the rights of any third party.
General
VariationsWe reserve the right at any time without notice to revise the content of our Website (including the Services offered by us) and these Terms of Use. Any changes to the Terms of Use will be posted on our Website and by continuing to use our Website and Services following any such change you will signify that you agree to be bound by the revised Terms of Use
CopyrightAll rights in the design, text, graphics and other material on our Website and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the Services through our Website. Any other use of materials on our Website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our Website (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
Trade marksWe are the proprietor of the (HorecaBid) trade mark in Malaysia and other countries. All other trade marks, product names and company names or logos used in our Website are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
AccessWe reserve the right in our sole discretion to deny your access to our Website or any part of our Website without notice and to decline to provide the Services to you should you be found to be in breach of these Terms of Use.
Events beyond our controlWe shall not be liable to you for any breach of the Terms of Use of use or any failure to provide or delay in providing our Services through our Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
Applicable law and jurisdictionThese Terms of Use (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with Malaysian law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.
Entire AgreementThese Terms of Use supersede any previous agreement between the parties in relation to the matters dealt with herein and represents the entire understanding between the parties in relation thereto. Any and all representations, covenants, undertakings, warranties and agreements whether verbal or in writing prior hereto are hereby rescinded nullified and superseded.
No WaiverNo failure or delay on our part in exercising nor any omission to exercise any right power privilege or remedy accruing to us under these Terms of Use upon any default on your part shall impair any such right power privilege or remedy or be construed as a waiver thereof or any acquiescence in such default nor shall any action by us in respect of any default or any acquiescence in any such default affect or impair our right power privilege or remedy in respect of any other or subsequent default.
Rights and RemediesThe rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law. For the avoidance of doubt, in the event of any breach or threatened breach of any term herein, each party hereto shall be entitled to claim any and all equitable remedies available to it subject to applicable laws.
SeverabilityIf any provision of the Terms of Use is held invalid, unenforceable or illegal for any reason, the Terms of Use shall remain otherwise in full force apart from such provision which shall be deemed deleted
Service of Notices/Court Process
All notices or other communication given by you to us under these Terms of Use shall be delivered personally or sent by post (or by airmail if it is sent to an address in another country) or facsimile transmission to the following:Horecabid Sdn Bhd (Co. No.: 1217585-D) A312, 3rd Floor, Block A, Kelana Square, 17, Jalan SS 7/26, Kelana Jaya 47301 Petaling Jaya, Selangor, Malaysia. Attn : Ms. Cindy Chong, CEOFacsimile No. : 1700 81 3933Email Address: info@horecabid.com
All notices or other communication given by us to you under these Terms of Use shall be delivered to you via the contact address you have provided us during your registration on the Website.
Compliance with lawsYou agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
