UTern Terms Of Use

1) ACCEPTANCE OF TERMS OF USE

These terms of use (Terms) constitute a legally binding agreement between you and THE UTERN regarding your use of the web site i.e www.UTERN.com.my (the Site) and any services offered by THE UTERN including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). User/You means any person who accesses or avails this Site of THE UTERN for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of THE UTERN. By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to THE UTERN that you are at least thirteen (13) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of thirteen (13) may utilize the Service of the Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardians registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. You also represent that you are an individual and not a corporation. THE UTERN reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the UTern Service after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree with the Terms, please do not use this Site or the UTern Service.

2) UTERN SERVICE, REGISTRATION AND ACCESS TO USE

The UTern Service is an online subscription service providing its members with access to property management feature over the Internet to the UTern Service ready devices.

Registration:To register for the UTern Service you shall be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve THE UTERN and/or the UTern Service of any responsibility / liability in this regard.Facebook Connect: You may also register for the UTern Service by using your Facebook username and password. If, however, you are under 18 years of age, you may log in to UTern Service using Facebook Connect and utilize the UTern Service only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the UTern Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the UTern Service (i.e. what you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings.By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
Subscription:Your subscription to the UTern Service in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by THE UTERN.
Access to use:To access the UTern Service, you will be asked to enter your individual email and password, as chosen by you during your registration. Therefore, THE UTERN does not permit any of the following:-
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with THE UTERN as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If THE UTERN reasonably believes that an account and password is being used / misused in any manner, THE UTERN shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify THE UTERN immediately of any unauthorized use of your account or any other breach of security. THE UTERN will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by THE UTERN or another party due to someone else using your account or password.

3) BILLING

By signing up for the UTern Service, you are expressly agreeing that THE UTERN is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the UTern Service through the credit card or other payment method accepted by THE UTERN ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page. THE UTERN shall automatically bill your Payment Method for each subscription period on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method or subscription plan, this could result in changing the calendar day upon which you are billed. If THE UTERN changes the subscription fee or other charges for the UTern Service from time to time, THE UTERN will give you an advance notice of these changes by email. However, THE UTERN will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and /or services prior to the expiry of the then current subscription period, then THE UTERN shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. In order to sustain the UTern Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, THE UTERN reserves the right to pursue any amounts you fail to pay in connection with the UTern Service. You will remain liable to THE UTERN for all such amounts and all costs incurred by THE UTERN in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys? fees, and arbitration or court costs. You also understand and acknowledge that THE UTERN only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that THE UTERN shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal. Free Trails You may be offered a free trial period at the start of your membership of UTern Service, solely at the discretion of THE UTERN. The duration and the terms of the free trial period shall be at the discretion of THE UTERN and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing will automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trail period ends. Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

4) JOB CANCELLATION

The Employer can cancel and amend a Job Posting on UTern Platform, free of charge, up to forty-eight (48) hours before the Event. UTern will notify the Shift Provider of any cancellation or amendment of a Booking as soon as practicable.
A Cancellation Fee of 20% will be incurred if The Employer:
Cancel the Job Posting after forty-eight (48) hours upon posted
Cancel the Job Posting while there are Applicants successfully applied to the Job(s)

5) Refund Policy

An investigation will be taken place before any Refund is applicable.
UTern is responsible to provide ONE-TIME candidate's replacement for candidates who are on Missing In Action (MIA).
Refund is ONLY ELIGIBLE when:
- The Hired Candidate(s) is on Missing In Action (MIA), and/or Hired Candidate(s) is not contactable and/or does not show-up; AND
- Every Employer Account with UTern must contained a VALID SSM to entitled for any refund if there is necessary.
All Refund upon approval will be refunded in Credit Terms.

6) COLLECTION AND USE OF PERSONAL INFORMATION

For information about THE UTERN's policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the UTern Service are governed by THE UTERNs Privacy Policy in effect at the time of your use. THE UTERN reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to THE UTERN. THE UTERN can further disclose your name, street address, city, state, zip code, country, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
You understand and acknowledge that all information provided by you, your UTern Profile, resume, and/or account information shall be disclosed to prospective Employers.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your UTern account or your UTern Account is terminated, all your account information from UTern, including UTern Profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from UTern Databases and will be removed from any public area of the UTern Website. Information may continue to be available for some period of time because of delays in propagating such deletion through UTern ’s web servers. In addition, third parties may retain saved copies of your information.

7) INDEMNIFICATION

You agree to indemnify, defend and hold harmless, THE UTERN, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
your use or misuse of or access to the Site or the UTern Service;
your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
any claim that you have caused damage to a third party.

THE UTERN reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with THE UTERN?s defence of these claims.

8) TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF UTERN SERVICE

THE UTERN reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the UTern Service (including the Content and the devices through which the UTern Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that THE UTERN may do so in its sole discretion. You also agree that THE UTERN will not be liable to you for any modification, suspension, or discontinuance of the UTern Service, although if you are a UTern Services paid subscriber and THE UTERN suspends or discontinues the UTern Service, THE UTERN may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, THE UTERN may credit additional days of service to your account). However, if THE UTERN terminates your account or suspends or discontinues your access to the UTern Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

9) GENERAL TERMS

Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
- Relationship None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and THE UTERN and you shall have no authority to bind THE UTERN in any manner, whatsoever. This agreement is solely for your and THE UTERNs benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
- Applicable Law These Terms are governed by and construed in accordance with, the laws of Malaysia without giving effect to principles of conflict of law. In the event of any dispute or claim by you against THE UTERN, you agree to submit to the exclusive jurisdiction of courts at Malaysia.
- Non Waiver Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
- Entire Agreement These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

All notices of copyright infringement should be send & mail to:

Address: Suite 7-8A, Bangunan Lim,
No. 803-817, Batu 4 ½, Jalan Ipoh,
51200 Kuala Lumpur, Malaysia.

Phone:	(+6) 03-6735-6964
Email:	[email protected]