1. About Us
1.1 Borneocolours.com website (the ‘Website’) is an information-rich website about Borneo – tourism attractions, jobs, education and career, arts and craft, as well as buy, sell and trade activities related to the Borneo Island.
1.2 The information covers the community, environment and life in three countries – Malaysia (Sabah, Sarawak and Labuan F.T.), Indonesia (Kalimantan) and Brunei Darussalam. The website is a combination of information gathered from reliable sources which are managed by the Borneocolours management team as well as posted opinions and public forums by viewers and users of the Website.
2. Definition of Terms
2.1 The terms ‘we’, ‘us’, ‘our’ and ‘BC’ refer to Borneocolours. The term ‘you’ refers to viewers and users of this website and/or contributing content on this Website.
3. General
3.1 Welcome to Borneocolours.com website. This website has been developed specifically to provide information to customers regarding various aspects of interest about the Borneo Island, its people, environment and lifestyles here.
3.2 You may use the Website with condition upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively called, the ‘Agreement’). Your access and use of the Website in any manner indicate your consent to be bounded by the Agreement.
3.3 Please read the Agreement carefully. If you do not accept all the terms and conditions, please refrain from using this Website. Please return to this page periodically to review updates of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access and use of the Website indicate your acceptance of the updated or modified Agreement.
4. Acceptance of Terms and Condition of Use and Amendments
4.1 Each time you use or cause access to this Website, you agree to be bound by these Terms and Conditions of Use, and as amended from time to time with or without notice to you.
5. User Conduct on this Website
5.1 As user of this Website, you are required to comply with the following condition. You may not:
a. attempt to trespass, break into, enter, use or attempt to trespass, break into, enter or use any other parts of our servers, and/or any data areas for which you have not been given authorization from us;
b. limit or restrict any other user from using and visiting this Website;
c. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property right, proprietary rights or confidentiality obligations of others;
d. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
e. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
f. post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through this Website for commercial purposes without our prior written permission (unless otherwise specified by us in this Website or pursuant to separate license granted by us);
g. upload, post, publish, transmit, reproduce, or distribute in any way, any component of this Website itself or any Information obtained through this Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission (unless otherwise specified by us in this Website or pursuant to separate license granted by us);
5.2 Please be advised that you have no rights in or to the Information and you will not use the Information, except as permitted under these Terms of Use and/or in accordance with separate license granted by us.
6. Third Party Information
6.1 The Website contains information provided by third parties or extracted by use from business information sources and other references or sources. We are not responsible if any such Information is not up-to-date. We do not separately verify the Information provided by such third party or agency and you are cautioned thus to the reliability and accuracy of the Information accordingly. We do not accept any responsibility whatsoever in respect of any such Information. Any use of and reliance of such Information is at your own risk.
7. Limitation to Access
7.1 We make it our best effort to provide users with access to the Website 24/7 but we cannot guarantee your access all the time and you understand that we have no representation or warranty that this Website is available. It is with your own responsibility and risk for the use of hardware, software and facilities and we cannot guarantee compatibility of this Website with your systems. We shall be entitled, at our sole discretion, to: (a) temporarily suspend this Website during any upgrading and modifying work on this Website; and/or (b) limit your access to and use of this Website where we consider it reasonably necessary for the operation of this Website. We shall not be responsible for any loss or damage you may incur as a result of any such suspension, limitation or prohibition. We reserve the right at all times to prohibit or deny your access to this Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in these Terms and Conditions or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.
8. Link To and From This Website
8.1 This Website may be linked to and from other websites and you acknowledge and agree that BC has no responsibility for the accuracy or visibility of any Information presented by the linked websites. Links to other websites do not represent an endorsement or recommendation by us of these websites or the Information, products, advertising or other materials provided on these websites.
9. Intellectual Property Rights
9.1 All intellectual property rights subsisting in respect of this Website belong to us or have been lawfully licensed to us for use on this Website. All rights under applicable laws are hereby reserved. While you may download or print material from this Website for your personal, non-commercial use, it remains the property of BorneoColours.com, unless otherwise stipulated. Unless otherwise specified by us in this Website or pursuant to separate licence granted by us, you are not allowed to upload, download, post, publish, reproduce, transmit or distribute in any way any component of this Website itself or create derivative works with respect thereto as this Website is copyrighted under applicable laws.You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with this Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
10. Indemnity
10.1 You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms of Use and/or your use of this Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
11. Privacy
11.1 The Company collects information about its users (hereinafter referred to as “User Information”) during the posting process, where users are required to create a password before posting their listings and/or advertisement on the Website.
11.2 All users activities are logged. When the user requests pages from Website, it automatically collects information about the User’s preferences.
11.3 The Website uses cookies so that the User does not have to enter his or her login information each time they visit the website.
11.4 Users’ Information shall not be disclosed or released by BorneoColours to any third party except with the consent of the User, which consent should not be unreasonably withheld.
12. Cookies
12.1 The Website uses cookies. The cookies enable your computer for all functionally on this Website to work properly.
12.2 A cookie is a small data file that is written to your hard drive when you visit this Website. Cookies file contains information such as a random number user ID that the site assigned to a visitor to track the pages visited. The only information that a cookie can contain is information that you yourself supplied. A cookie cannot read data off your hard disk or read cookie files created by other sites
12.3 Cookies allow you to use more sophisticated interactive programs.
13. Registration and Passwords
13.1 You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify BorneoColours.com of any unauthorized use of your registration and password.
14. Public Forums
14.1 BorneoColours.com from time to time may make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules and regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any material which:
(a) restrict or inhibit any other user from using or enjoying the Website or the Website’s services.
(b) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent
(c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
(d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patents, rights of privacy or publicity or any other proprietary right
(e) contain a virus, spyware or other harmful component
(f) contain embedded links, advertising, chain letter or pyramid schemes of any kind
(g) constitute or contain false or misleading indications of origin, endorsement or statement of fact.
14.2 You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from BorneoColours.com. You are solely responsible for the content and consequences of any of your activities.
15. Copyright Agent
15.1 We respect the intellectual property rights of others, and require that the people who use this Website or the services and features made available on and through this Website, do the same. If you believe that your work has been copied in a way that constitutes infringement, please forward the following information to Borneocolours.com:
(a) Your address, telephone number and email address
(b) a description of the copyrighted work that you claim has been infringed
(c) a description of where the alleged infringing material is located
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
(e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
16. Submission of Content to This Website
16.1 By providing any content to our website:
(a) You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and to create derivative works and compilations; in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that maybe necessary to grant us with the license set forth in this section
(c) you acknowledge and agree that we shall the right (but not obligation), in our sole discretion, to refuse to publish or to remove or to block access to any Content you provide at any time and for any reason, with or without a notice.
17. Disclaimer of Warranties
17.1 You understand and agree that your use of this Website and any services or content provided (the “Services”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement
17.2 We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us or any participant in the service provides professional advice of any kind and that use of such advice or any information is solely at your own risk and without our liability of any kind.
18. Applicable Law
18.1 You agree that this Terms and Conditions of Use and any dispute arising out of your use of this Website or our products or our services shall be governed and construed in accordance with Malaysian Laws. By registering and using this Website and service, you consent and submit to the exclusive jurisdiction and venue of Malaysian courts.
