Welcome to Kolling Engineering Sdn Bhd, Kolling Engineering Sdn Bhd’s website (the "Site"). These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Greenbuildingindex Sdn. Bhd. ("Kolling Engineering Sdn Bhd") or Kolling Engineering Sdn Bhd subsidiaries or affiliates for other product Kolling Engineering Sdn Bhd or services.
SPECIAL NOTE REGARDING NETWORKED Kolling Engineering Sdn Bhd SITES. In an effort to make on-line information about Kolling Engineering Sdn Bhd and business transactions with Kolling Engineering Sdn Bhd efficient, Kolling Engineering Sdn Bhd uses greenbuildingindex.org as an entry into networked web pages and websites operated by Kolling Engineering Sdn Bhd and iKolling Engineering Sdn Bhd subsidiaries and affiliates. Please note that individual Kolling Engineering Sdn Bhd Sites may adopt terms of use particular to the purpose of the Kolling Engineering Sdn Bhd Site or the transactions taking place on the Kolling Engineering Sdn Bhd Site. For example, some of the Kolling Engineering Sdn Bhd Sites affiliated with commercial transactions that you or your business may have with Kolling Engineering Sdn Bhd, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreemenKolling Engineering Sdn Bhd which supplement or supersede these terms. If a Kolling Engineering Sdn Bhd Site has imposed iKolling Engineering Sdn Bhd own terms of use by posting on the separate agreement or otherwise, the provisions of those Kolling Engineering Sdn Bhd Site terms shall control in the event of a conflict with these general terms of use for greenbuildingindex.org. Except as supplemented or superseded as described herein, these general terms of use for greenbuildingindex.org apply to the entire network of Kolling Engineering Sdn Bhd Sites, and control your use thereof.
Kolling Engineering Sdn Bhd reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and at iKolling Engineering Sdn Bhd sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of iKolling Engineering Sdn Bhd changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or commen Kolling Engineering Sdn Bhd about the Site or Kolling Engineering Sdn Bhd contenKolling Engineering Sdn Bhd should be directed to the Site Web Master
INCORPORATED POLICIES OR TERMS
Privacy Policy. Kolling Engineering Sdn Bhd believes strongly in protecting individual user privacy and providing you notice of Kolling Engineering Sdn Bhd's collection and use data, including personally identifying information, collected from the Site. Therefore, Kolling Engineering Sdn Bhd has adopted a Privacy Policy that you should review in order to fully understand how Kolling Engineering Sdn Bhd collecKolling Engineering Sdn Bhd and uses information.
Terms of Sale. Transactions with Kolling Engineering Sdn Bhd Sites offering producKolling Engineering Sdn Bhd or services for purchase may be subject to Terms of Sale required as a condition to completion of the transaction. These Terms of Sale may be posted on the Kolling Engineering Sdn Bhd Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale, therefore you should review them carefully.
SITE LICENSE AND ACCESS
Kolling Engineering Sdn Bhd granKolling Engineering Sdn Bhd you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and iKolling Engineering Sdn Bhd contenKolling Engineering Sdn Bhd; or (d) use of any data mining, roboKolling Engineering Sdn Bhd, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Kolling Engineering Sdn Bhd or any third party.
You may not use, frame or utilize framing techniques to enclose any Kolling Engineering Sdn Bhd trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Kolling Engineering Sdn Bhd's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Kolling Engineering Sdn Bhd name, trademark, or product name without Kolling Engineering Sdn Bhd's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHKolling Engineering Sdn Bhd RESERVED, by Kolling Engineering Sdn Bhd, Kolling Engineering Sdn Bhd Technology Sdn Bhd and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Kolling Engineering Sdn Bhd or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Kolling Engineering Sdn Bhd or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Before you download or otherwise copy any photographs or images from the Image Gallery, you must agree to the Terms and Conditions of Personal, Non-Commercial Image Use. Any request for grant of a commercial license to Kolling Engineering Sdn Bhd copyrighted materials is subject to prior approval, and should be addressed to the Kolling Engineering Sdn Bhd Copyright licensing staff via the online feedback form located on our website.
COPYRIGHT COMPLAIN Kolling Engineering Sdn Bhd
Kolling Engineering Sdn Bhd respect the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Kolling Engineering Sdn Bhd' copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, iKolling Engineering Sdn Bhd agent, or the law;
• 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 authorized to act on the copyright owner's behalf.
TRADEMARKS AND SERVICE MARKS
Trademarks, service marks or registered trademarks owned by Kolling Engineering Sdn Bhd may not be copied, imitated or used, in whole or in part, without the prior written permission of Kolling Engineering Sdn Bhd. In addition, all page headers, custom graphics, button icons, and scripKolling Engineering Sdn Bhd are service marks, trademarks, and/or trade dress owned by Kolling Engineering Sdn Bhd, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kolling Engineering Sdn Bhd. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Kolling Engineering Sdn Bhd marks is subject to prior approval, and should be addressed to Kolling Engineering Sdn Bhd via the online website feedback form.
THIRD-PARTY CONTENT
This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
• Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity righKolling Engineering Sdn Bhd, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or encourage a criminal offence, violate the righKolling Engineering Sdn Bhd of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
• Without Kolling Engineering Sdn Bhd' written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Kolling Engineering Sdn Bhd takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Kolling Engineering Sdn Bhd is only a forum and is not liable for any statemenKolling Engineering Sdn Bhd, representations, or Content provided by iKolling Engineering Sdn Bhd users.
Enforcement. Kolling Engineering Sdn Bhd has the right, but not the obligation, to monitor any activity and Content associated with iKolling Engineering Sdn Bhd forums and interactive areas. Kolling Engineering Sdn Bhd may investigate any reported violation of iKolling Engineering Sdn Bhd policies or complainKolling Engineering Sdn Bhd and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Kolling Engineering Sdn Bhd reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requesKolling Engineering Sdn Bhd, subpoenas or court orders, to protect Kolling Engineering Sdn Bhd' systems and customers, or to ensure the integrity and operation of Kolling Engineering Sdn Bhd' business and systems, Kolling Engineering Sdn Bhd may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Kolling Engineering Sdn Bhd' right to disclose any such information shall govern over any terms of Kolling Engineering Sdn Bhd' Privacy Policy.
Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Kolling Engineering Sdn Bhd from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any righKolling Engineering Sdn Bhd of a third party.
LINKING
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Kolling Engineering Sdn Bhd or any of iKolling Engineering Sdn Bhd producKolling Engineering Sdn Bhd and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Kolling Engineering Sdn Bhd logo or other proprietary graphic or trademark of Kolling Engineering Sdn Bhd to link to this Site without the express written permission of Kolling Engineering Sdn Bhd. This limited right may be revoked at any time.
Third-Party Links. Kolling Engineering Sdn Bhd makes no claim or representation regarding, and accepKolling Engineering Sdn Bhd no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Kolling Engineering Sdn Bhd and Kolling Engineering Sdn Bhd is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Kolling Engineering Sdn Bhd provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Kolling Engineering Sdn Bhd of the site or any information contained therein. When leaving the Kolling Engineering Sdn Bhd Site, you should be aware that Kolling Engineering Sdn Bhd' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
GENERAL SUBMISSIONS
Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Kolling Engineering Sdn Bhd Sites specifically allowing and providing for iKolling Engineering Sdn Bhd receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with a Kolling Engineering Sdn Bhd Site or in a written agreement with Kolling Engineering Sdn Bhd applicable to your particular use of a Kolling Engineering Sdn Bhd Site, any submission of materials by you will be considered a contribution to Kolling Engineering Sdn Bhd for further use in iKolling Engineering Sdn Bhd sole discretion, regardless of any proprietary claims or reservation of righKolling Engineering Sdn Bhd noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, commenKolling Engineering Sdn Bhd, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Kolling Engineering Sdn Bhd, or postings on this Site, are non-confidential (subject to Kolling Engineering Sdn Bhd' Privacy Policy) and shall become the sole property of Kolling Engineering Sdn Bhd. Kolling Engineering Sdn Bhd shall own exclusive righKolling Engineering Sdn Bhd, including all intellectual property righKolling Engineering Sdn Bhd, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Kolling Engineering Sdn Bhd, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral righKolling Engineering Sdn Bhd" in such materials, including the righKolling Engineering Sdn Bhd of paternity and integrity.
FINANCIAL MATERIAL DISCLOSURE
Press Releases. The information contained within press releases issued by Kolling Engineering Sdn Bhd should not be deemed accurate or current except as of the date the release was posted. Kolling Engineering Sdn Bhd has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statemenKolling Engineering Sdn Bhd, and is subject to material risk.
Third-Party Financial Information. Kolling Engineering Sdn Bhd may provide links to third-party Web sites or services that contain financial or investment information. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Kolling Engineering Sdn Bhd neither regularly monitors nor has control over the content of third parties' statemenKolling Engineering Sdn Bhd or Web sites. Accordingly, Kolling Engineering Sdn Bhd does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reporKolling Engineering Sdn Bhd and stock quotes. Kolling Engineering Sdn Bhd makes no representations or warranties whaKolling Engineering Sdn Bhdoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
DISCLAIMERS
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. Kolling Engineering Sdn Bhd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCKolling Engineering Sdn Bhd ON THE SITE. Kolling Engineering Sdn Bhd DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Kolling Engineering Sdn Bhd IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Kolling Engineering Sdn Bhd ATTEMPKolling Engineering Sdn Bhd TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, Kolling Engineering Sdn Bhd CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR IKolling Engineering Sdn Bhd SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENKolling Engineering Sdn Bhd.
Kolling Engineering Sdn Bhd reserves the right to change any and all content contained on this Site at any time without notice. Reference to any product Kolling Engineering Sdn Bhd, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kolling Engineering Sdn Bhd.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Kolling Engineering Sdn Bhd BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIKolling Engineering Sdn Bhd, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Kolling Engineering Sdn Bhd (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Kolling Engineering Sdn Bhd'S SITE EXCEED $1.00 OR THE COMPENSATION YOU PAID Kolling Engineering Sdn Bhd, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional righKolling Engineering Sdn Bhd to those contained herein.
APPLICABLE LAW AND VENUE
These terms and conditions shall be governed by and construed in accordance with the Common Law of Malaysia, applicable to agreemenKolling Engineering Sdn Bhd made and entirely to be performed within Malaysia, without resort to iKolling Engineering Sdn Bhd conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Kuala Lumpur, Malaysia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courKolling Engineering Sdn Bhd over any suit, action or proceeding arising out of these terms and conditions.
TERMINATION
Notwithstanding any of these terms and conditions, Kolling Engineering Sdn Bhd reserves the right, without notice and in iKolling Engineering Sdn Bhd sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
SEVERABILITY
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Last Revised: April 2009 |