1. Conditions of use
1.1 By using this website or mobile application, you agree to the following conditions of use. Please read these conditions carefully before using this website.
2. Evidence of transactions
G-Flex own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. Your use of your account and/or password to access or use this website and/or online facilities including access to your personal records and our online services will be recognized as your electronic signature and will be legally binding. To the extent permitted by law, you accept that G-Flex’s electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.
You hereby agree to fully indemnify, defend and hold harmless G-Flex from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) suffered by G-Flex arising from or in connection with: (i) your access to or use of this website and/or online facilities; (ii) any other party’s access to or use of this website and/or online facilities using your account and/or password; or (iii) your breach of any of these Conditions; (iv) any other party’s breach of any of these Conditions where such party was able to access or use this website and/or online facilities using your account and/or password.
4. Third party links
4.1 This website and mobile application provides links to other websites which are not controlled by us. Those links are provided for your own convenience only and we are not responsible for their use, effect or content.
4.2 We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinion, goods or services referred to on them. You acknowledge and agree that you access such websites at your own risk.
5. Limitation of liability
5.1 You agree that your access to, and use of, the website and mobile application is at your own risk.
5.3 To the fullest extent permitted by law, we exclude all responsibility and liability arising from or in connection with your use of the website and mobile application, including, without limitation:
5.3.1 any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
5.3.2 any other Losses, even if we or our authorized representative has been advised of the possibility of such damages.
5.4 We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
6. Ownership of information
Any personal information submitted to us using the website or mobile application will be subject to G-Flex's Privacy Statement.
7. Intellectual property
a) use, copy, reproduce, republish, modify, store in a retrieval system, create derivative works or use in any other way for public or commercial purposes any part of the website;
b) distribute, translate, modify or tamper with, any part of the website;
c) create derivative works of or from any part of the website;
e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
8. Performance of the website
8.1 We will use reasonable endeavors to generally make the website and mobile application available during our normal business hours. However, the availability of the website and mobile application depends on various third-party suppliers, and accordingly, we do not warrant or guarantee:
8.1.1 that you will be able to use the website and mobile application at any time; or
8.1.2 that your use of the website and mobile application will be continuous, uninterrupted, secure or error-free.
8.2 You acknowledge that the website and mobile application may not be available for use from time to time, and that you may be disconnected from your use of the website and mobile application at any time for any reason, including if:
8.2.1 any network connection difficulties occur;
8.2.2 the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
8.2.4 we decide to terminate, suspend or block your access to the website and mobile application for any reason.
8.3 We make no guarantee as to the reliability or other performance of the website and mobile application. The performance of the website and mobile application depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the website.
8.4 The information available through the website and mobile application is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the website and mobile application is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the website is current, complete and accurate before using it. We are not responsible for any Loss you suffer or incur as a result of your failure to comply with this clause.
9. Software licenses
To the extent that any software is made available or provided to you on this website and mobile application, we grant you a non-exclusive, limited and personal license to download and use the software for your own personal, non-commercial use only. All rights including intellectual property rights in the software remain our property or the property of the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.
10. Security reminder
While there is inherent risk in doing business with anyone over a public medium like the Internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, please ensure you have installed up to date virus protection.
11. Inconsistency in wordings
12. No waiver
14. Governing law and jurisdiction
15. Defined terms and interpretation
15.1 In this document:
G-Flex means Genesis Flex Sdn Bhd and its subsidiaries.
Device means your own internet-enabled device that is compatible with the website and mobile application and has a current and working internet connection.
Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
15.2 In this document, a reference to 'we', 'us' or 'our' is a reference to G-Flex.