www.GetTodo.com is owned and operated by AVENIQ Sdn. Bhd. (Company No. 771442-D), registered in Malaysia. These terms and conditions govern your use of GetTodo website, and by using the website you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use our website.
In these terms and conditions, "Page Content" means the information contained on the publicly accessible pages of the GetTodo website which can be viewed without user registration; "Documents" means the agreement templates available for download and/or transmission by e-mail, on receipt of user identification information; and "Services" means the chargeable services available from GetTodo via the secure section of this website after a user registration has been accepted and processed.
Intellectual property:
"GetTodo" is a registered trade mark, and except where otherwise stated, GetTodo owns
and reserves all intellectual property rights in the website, including the Page
Content, the Documents and the Services. You may view, download (for caching
purposes) and print the Page Content of the website. Any Documents you download, or
which are e-mailed to you as a result of registering your identification details on
the website, are subject to separate licence conditions, which you must accept prior
to first use. The Services are subject to separate Terms and Conditions for the
Supply of Services, which you must accept prior to first use.
Accuracy:
GetTodo has prepared the Page Content of this website with reasonable skill and care,
but does not warrant that all the Page Content is complete or accurate. You are
responsible for verifying the facts and opinions contained within the Page Content
before entering into any commitment based on them. The Page Content is provided free
of charge and you acknowledge that it would be unreasonable to hold GetTodo liable in
respect of this website and the Page Content contained on it, including any and all
links to external sites.
Limitation of liability:
GetTodo liability is limited and excluded to the maximum extent permitted under
applicable law, and GetTodo will not be liable for any direct, indirect or
consequential loss or damage arising from the use or misuse of this website, the Page
Content, the Documents or the Services, whether arising in tort, contract or
otherwise, including (without limitation) any loss of profit, contracts, business,
goodwill, data, income, revenue or anticipated cost savings, save only that nothing
in these terms and conditions shall exclude or limit GetTodo liability for fraud,
death or personal injury caused by its negligence.
Changes to this website:
GetTodo pursues a policy of continuous product development, and does not commit to
ensure that all Page Content on this website remains available or that it is
up-to-date at any particular point in time. These terms and conditions may be revised
periodically and it is your responsibility when using the site to check this page to
ensure you are familiar with the current version.
GetTodo does not guarantee that your use of this website and your access to the Page Content, the Documents and the Services will be uninterrupted and/or error-free.
While GetTodo endeavours to ensure this website is free from viruses, this cannot always be guaranteed. As with all Internet sites, you are strongly advised to install adequate and up-to-date virus-checking software on your computer. To the maximum extent permitted by law, GetTodo excludes all responsibility and liability for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment which may be transmitted with or as part of this website.
Other important information:
These terms and conditions, together with GetTodo privacy policy, licence conditions
for downloaded Documents and (where applicable) Terms and Conditions for the Supply
for Services, constitute the entire agreement between GetTodo and you in relation to
the use of this website and supersede all previous agreements. These terms and
conditions will be governed by and construed in accordance with Malaysian law and any
disputes relating to these terms and conditions shall be subject to the non-exclusive
jurisdiction of the courts of Malaysia.
Terms and Conditions for the Supply of Services
1. Definitions
In this Agreement, the following expressions shall have the following meanings:
"GetTodo" means GetTodo.com, owned by AVENIQ Sdn. Bhd., a company registered in Malaysia under the company number 771442-D.
"You" and "your" each mean you, the company or business wishing to subscribe to and use GetTodo's Services;
"this Agreement" means these Terms and Conditions for the Supply of Services, which shall apply to your use of the Services;
"Contact" means a named individual whose details are provided in the context of performing or amending a User Registration;
"Designated Contact" means a named individual in your organisation authorised to make changes to your User Registration and IP Registration and responsible for receiving all notices under this Agreement, who shall be the first Contact to register you as a User unless and until you change the Designated Contact using any procedure provided by GetTodo for this purpose;
"Feedback" means the online facility provided by GetTodo from time to time for Users to report User Registrations and/or IP Registrations which Users believe (in their reasonable opinion) to be incorrect, false or misleading;
"Event Registration" means the set or sets of details entered or accepted by you on the System to describe Event owned by or under development in your company or other enterprise, using forms provided on the GetTodo Website;
"GetTodo Website" means the internet pages and their associated functionality provided by GetTodo at www.GetTodo.com;
"Price List" means the schedule of GetTodo's available Services and accompanying charges, as published on the GetTodo Website and updated from time to time;
"Services" means any and all of the products and services which may be offered by GetTodo from time to time for the registration, classification, authentication and location of companies, organisations and individuals who register as Users and the registration, classification, verification, location and valuation of their intellectual property;
"System" means the technical facilities provided by GetTodo in order to deliver the Services, including the GetTodo Website;
"User" means any company, organisation, trading entity or business unit which is the subject of a User Registration; and
"User Registration" means the set or sets of details entered or accepted by a User on the System to describe the User's company or other enterprise, using forms provided on the GetTodo Website.
The headings in this Agreement are for ease of reference only and shall not affect its interpretation.
Throughout this Agreement, whenever the context so requires, the singular shall be construed to include the plural and vice versa, and the use of any gender shall include all genders.
References to any statute, enactment, order, regulation or similar instrument shall be construed as references to the statute, enactment, order, regulation or instrument as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
Your attention is also drawn to the GetTodo Website Terms and Conditions, which shall govern your use of the GetTodo Website.
2. Commencement, term, suspension and termination
2.1. This Agreement shall commence at the date and time GetTodo records your acceptance of its terms, whether online or in writing, and shall continue in force until terminated in accordance with the provisions of this clause.
2.2. You agree that you have no right to cancel this Agreement or payment for any of the Services after GetTodo has received and commenced processing of your subscription.
2.3. Subject to clause 2.2 above, you may terminate this Agreement by cancelling your GetTodo subscription by giving 30 day's notice in writing to expire at any time, in accordance with clause 12 below. At the end of the 30-day notice period, GetTodo will close your account and remove your User Registration and Event Registration from the GetTodo Website and will issue a refund to you to a value equivalent to any applicable credit balances held against your account relating to charges for Services, with the exception of subscription charges, for which no refund shall be payable.
2.4. GetTodo will issue you with one or more reminders to notify you in advance when your subscription is due for renewal. If you do not respond to this reminder by renewing your subscription prior to its expiry, GetTodo shall be entitled to interpret such non-payment as a breach of clause 3 and to treat your decision not to renew as a notice of cancellation.
2.5. GetTodo may at its sole option suspend one or more of the Services
immediately and without refund or payment of compensation if one of the following
events occurs:
i) you are unable to substantiate the content of your Event registration following
GetTodo's request in response to Feedback placed by another User;
ii) you are found to be in breach of the "Fair Use" policy described in clause 7.4
below.
2.6. GetTodo may at its sole option issue you notice terminating this Agreement
immediately reserving all rights including damages by way of an indemnity or
otherwise if one of the following events occurs:
i) you fail to make payment for any of the Services when due in accordance with
clause 3 below;
ii) your User Registration is associated with placing Feedback which is (in the
reasonable opinion of GetTodo) false, defamatory, obscene or malicious;
iii) your Event Registration infringes the Event ownership of another;
iv) you breach any of your other obligations under this Agreement (and, where such
breach is capable of remedy, you have not remedied the same within 14 days of
GetTodo's notification of the breach).
2.7. Your obligations under clauses 4, 6 and 9 shall survive the termination of this Agreement.
3. Payments and charges
3.1. You agree to pay for the Services you wish to use at the rates set out in GetTodo's Price List and published on the GetTodo Website from time to time (including any applicable service charges taxes or other taxes) using a payment method approved by GetTodo, unless alternative arrangements have been confirmed by GetTodo in writing.
3.2. GetTodo reserves the right to review its charges or change the manner in which charges shall be paid by giving prior notice on the GetTodo Website.
3.3. GetTodo will apply expiry dates to some of the Services you purchase. In particular, but without prejudice to the generality of the foregoing (and unless alternative arrangements have been confirmed by GetTodo in writing), all enquiry credits you purchase will expire after 12 months.
3.4. GetTodo may notify your Designated Contact prior to the expiry of any Services and invite you to renew them, and will refer any and all queries regarding payment or usage of the Services to your Designated Contact, who will be responsible for their resolution.
3.5. Where you make payments by credit, debit or charge card, you agree to provide such further information as GetTodo may reasonably request to verify your identity in order to process such payments successfully and to comply with security procedures which may be imposed by card processing companies from time to time.
4. Your use of the Services
4.1. You acknowledge that the purpose of the GetTodo Website and of the Services is to provide you and other Users with a convenient means to view certain information relating to User Registrations and Event Registrations. You agree that it would be impractical and unreasonable for GetTodo to verify all such information present on the System, and if GetTodo were to attempt to do so, GetTodo would not be able to offer the Services other than at greatly increased cost. You further acknowledge that GetTodo provides the Services at a price that does not reflect any benefit you may obtain from them. You also accept that information held on the System will change over time, and that Users (rather than GetTodo) are responsible for keeping the content of the Services accurate and up-to-date, in order to meet the obligation set out in clause 4.3 below.
4.2. You agree not to place reliance on the information provided by the Services when entering into any commercial agreement. In particular, you agree that it is wholly your responsibility to conduct further and necessary due diligence prior to entering into any undertaking or contract with another Event User, including (but not limited to) verifying the facts on which any Event valuation has been based.
4.3. You agree to use your reasonable endeavours to ensure that your User Registration and Event Registration with GetTodo are truthful, accurate, comprehensive and up-to-date, and to make all necessary changes in a timely manner (whether or not GetTodo identifies a need for them to be updated and informs you accordingly).
4.4. If your Event Registration is subject to Feedback which, in the reasonable opinion of Event, casts doubt on your Event or your ownership of it, GetTodo shall be entitled to place a mark against your Event Registration visible to other Users and notify you by e-mail with a request for further information in respect of your continued use of the Services. If you do not respond satisfactorily to GetTodo's notification with further information within 14 days, GetTodo may at its sole option suspend your Event Registration in accordance with clause 2.5 above until such time as satisfactory information is provided.
4.5. You agree not to place any false, defamatory, obscene or malicious Feedback against other Event Registrations.
4.6. You agree that, having regard to all the circumstances, the contents of this clause are fair and reasonable.
5. GetTodo's obligations
5.1. GetTodo will supply the Services with reasonable skill and care.
5.2. GetTodo will use its reasonable endeavours to provide access to the GetTodo Website 24 hours a day and 365 days a year, except for those periods of System downtime necessary in order to perform scheduled or exceptional maintenance or to upgrade Services or improve System performance. GetTodo will use its reasonable endeavours to keep any such downtime to a minimum and to provide users with advance warning of any such downtime, to be provided online via notifications posted after User log-in.
6. Event
6.1. You agree that GetTodo owns the copyright in all formats, functions and content contained within the System and embodied in the Services.
6.2. Your use of the System does not confer any rights to use GetTodo's registered and unregistered trade marks nor to use any of the components of the System including (but not limited to) the methods used to classify businesses activities and Event other than by using the Services as permitted in this Agreement and in the ordinary course of your business.
6.3. You acknowledge that the goods or services which are described and categorised in Event Registrations present on the System relate to intellectual property belonging to a User of the Services, and you agree not to infringe the Event rights of GetTodo or its Users by copying or disseminating information provided by the Services other than by using the facilities provided for this purpose on the GetTodo Website.
7. Information disclosure and "Fair Use" policy
7.1. Your User Registration and IP Registration can only be amended and updated by your Designated Contact, who will also be the recipient of any and all notices issued under this Agreement by GetTodo from time to time.
7.2. You agree to keep all your log-in and password details secure and confidential, in order to prevent unauthorised access to or usage of the System.
7.3. You agree that GetTodo may display your User and Contact details to other Users and their Contacts entitled to have access to the Services.
7.4. Under the principle of "Fair Use", GetTodo will not disclose your identity to
companies whose details you search and view when using the Services, except when
required to do so by a court of law or when one of the following applies:
i) you have made enquiries against a user of the Services, and such user subsequently
demonstrates to GetTodo's satisfaction that it has reasonable grounds for believing
that its copyright or other Event rights have been breached and that such breach
could have occurred as a result of enquires made using GetTodo's database; or
ii) you choose to send a message to another user of the Services using public or
private messaging facilities provided by GetTodo, including posting of information
onto any forums or Feedback facilities, thus causing your details to be shared;
or
iii) you otherwise request GetTodo to divulge your details.
7.5. "Fair Use" also applies to your use of the search facilities provided by the System and delivered using the GetTodo Website. GetTodo reserves the right to suspend System access immediately and without notice for any Contact where its Systems indicate that the Contact is attempting to trawl the System (whether or not using automated means) and infringe GetTodo's database rights.
7.6. The Services provide you with a means to set preferences for the level of detailed disclosure which EVENT applies to your Event Registration. You acknowledge that it is your responsibility to ensure that the settings relating to your Event Registration are appropriate to your circumstances, notwithstanding any default settings that GetTodo may apply.
7.7. GetTodo will not disclose elements of your Event Registration which you
choose not to put on public display, except when required to do by a court of law or
when one of the following applies:
i) You update your Event Registration in a manner which causes the default settings
applied by GetTodo to be varied, and you do not amend these settings when presented
to you on the System at the time of updating; or
ii) The elements of your Event registration which are displayed are subject to
adverse Feedback which, in the reasonable opinion of GetTodo after due investigation,
would be withdrawn or resolved if further information already registered with GetTodo
were to be displayed. Under these circumstances GetTodo will e-mail your Designated
Contact to recommend disclosure of further information and you will have 14 days to
determine whether to amend the settings applied to your Event Registration. If you
fail to respond to GetTodo's communication within the designated timeframe, GetTodo
may at its sole option update your registration so as to remove the Feedback.
7.8. You agree that GetTodo may incorporate anonymised information obtained from your enquiries into reports for other Users to enable the level of interest in different types of Event Registration to be tracked.
7.9. You agree that, having regard to all the circumstances, the contents of this clause are fair and reasonable.
8. Continuous improvement
GetTodo pursues a policy of continuous improvement of the Services, including (but not limited to) refinement and addition of system features, classifications, definitions, calibrations and external links. You therefore agree that GetTodo may, at its sole discretion, update the classification applied to your User Registration and/or Event Registration in order to ensure that these do not become out of date or more difficult for other Users to find. Should your User Registration or Event Registration be subject to any updates, GetTodo will inform you at the time of the change and provide you with a link to review and amend the updated information.
9. Limitation of liability
9.1. GetTodo does not warrant that your use of the Services or of the GetTodo Website will be uninterrupted or error-free.
9.2. To the fullest extent permitted by law, GetTodo excludes any and all liability arising from your use, non-use or misuse of the System and/or the Services, for any loss of profit, business, contracts, revenues or anticipated savings howsoever arising, or for any special indirect or consequential loss or damage.
9.3. Under clause 6 above, you are not permitted to make copies of any information contained on the System other than for your own personal use and then only by use of the facilities contained on the GetTodo Website. Accordingly, GetTodo excludes any and all liability (whether arising in tort, contract or otherwise) for direct or consequential losses incurred by any third party which is or may be attributable to any information passed to such party by you which is or should be displayed on the System, and you hereby agree to indemnify GetTodo against, and hold GetTodo harmless from, any such claim.
9.4. Nothing in this clause 9 shall limit GetTodo's liability for death or personal injury caused by GetTodo's negligence.
10. Force Majeure
GetTodo shall not have any liability in respect of any delay in carrying out or failure to carry out any of its obligations under this Agreement caused by any circumstances outside its reasonable control.
11. Entire agreement and applicable law
11.1. This Agreement, together with the GetTodo Website Terms and Conditions, constitutes the entire agreement between GetTodo and you and supersedes all other agreements, statements, representations or warranties made by or between either or both of the parties. In particular, but without prejudice to the generality of the foregoing, this Agreement supersedes any terms and conditions appearing on or referred to in any purchase order, acknowledgement or other document issued by you.
11.2. If there is any discrepancy between this Agreement and the GetTodo Website Terms and Conditions, this Agreement shall prevail.
11.3. No waiver, alteration, variation or addition to this Agreement shall be effective unless made in writing on or after the date of this Agreement by both parties and accepted by an authorised signatory of both parties.
11.4. The interpretation, construction, effect and enforceability of this Agreement shall be governed by Malaysian law, and the parties agree to submit to the jurisdiction of the Malaysia Courts.
12. Notices
All notices, documents and other communications (a "Notice") to be given under this Agreement shall be in writing and shall be transmitted by first class post or by facsimile or other electronic means in a form generating a record copy to the party being served at the relevant address provided by each party. Any Notice sent by post shall be deemed to have been duly served three working days after the date of posting. Any Notice sent by facsimile or other electronic means shall be deemed to have been duly served at the time of transmission.
13. Miscellaneous
13.1. GetTodo reserves the right to amend this Agreement from time to time by adding or varying clauses, having given prior notice on the GetTodo Website.
13.2. If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
13.3. The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provisions of this Agreement shall not be construed as a waiver or relinquishment of that party's rights to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect.
13.4. GetTodo may use subcontractors to deliver some or all of the Services via the GetTodo Website, at its option.
13.5. You may not assign the benefit of this Agreement without the prior written consent of GetTodo, such consent not to be unreasonably withheld.