Terms of Use

TERMS OF USE- BE INTERNATIONAL MARKETING PLATFORM

1. General

1.1. These Terms of Use apply to the beintl.com website, the BOS system, the BE4U mobile applications, and all associated sites linked to www.beintl.com or applications which the Company may own or operate from time to time (collectively “the Platform”) by BE International Marketing, its subsidiaries and affiliates companies around the world.

1.2. The words “Company”, “we”, “us”, “our” mean BE International Marketing Sdn. Bhd. (Company no: 201601028139/1199078-X)(AJL932172), BE International Marketing Pte. Ltd. (Company no: 201709715E), BE International Marketing (HK) Pte Limited (Company no: 2760241), BE International Marketing (B) Sdn. Bhd. (Company no: RC20003059), and PT BEI International Marketing (Company no: 9120004170023) as the case may be in each Territory. The words “you” and “your” refer to Independent Business Owners, customers and/or public. The word “Territory” means Malaysia or Singapore or Brunei or Hong Kong or Indonesia as the case may be.

1.3. The Terms of Use stated herein constitute a legal agreement between you and the Company.

1.4. These Terms of Use govern your access and use of the Platform and any information, functions and services made available on or through the Platform or any related applications (“Services”). You warrant that you shall read, understand, agree and abide by these Terms of Use and the Privacy Policy set out at https://www.beintl.com/privacy-notice/ including any and all amendments made from time to time before using this Platform and/or the Services.

1.5. By accessing the Platform and/or using the Services, you give your irrevocable acceptance of and consent to these Terms of Use and any amendments to the foregoing issued by us from time to time and the processing of your personal data as described in the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, please discontinue your access and/or use of this Platform and/or the Services.

1.6. By accessing and using our Platform, you represent that you are over eighteen (18) years of age and have the right, authority and capacity to accept these Terms of Use. If you are under the age of eighteen (18), you must obtain permission from your parent(s) or legal guardian(s) to access and / or use the Platform.

1.7. We reserve the right to revise, change, vary, modify, add, supplement, amend, suspend or remove all or portions of these Terms of Use at any time or upon notice by local laws. These changes shall be effective when posted on the Platform without providing any reason or prior notice to you.

1.8. You acknowledge that it is your responsibility and obligation to check the Platform periodically for amendments to these Terms of Use. Your continued use of or access to the Platform following the posting of any amendments constitutes your acceptance of those amendments to the Terms of Use.

1.9. Linked Sites (all links from our Platform to any third-party sites) are provided for your convenience and solely as an information source. Whilst every care is taken to ensure the accuracy of the information and content, you agree that the information and content that may be viewed by you at a Linked Site are not created, managed, controlled, reviewed or approved by us, and shall not be deemed to be provided or warranted by us. Accordingly, we do not make any representations or warranties as to the content of the Linked Sites. We take no responsibility, nor do we endorse the accuracy, completeness, timeliness, suitability, validity, reliability of any information or content of the Linked Site. You agree that you may rely on such information or content at your own risk. We expressly disclaim any liability for any loss or damage incurred or suffered by you or any third party arising out of, in connection with, or as a result of this linkage. We reserve the right at all times and at our discretion to disable any unauthorized links or frames from the Platform.

2. Intellectual Property Rights

2.1. Unless expressly stated in writing by us otherwise, we shall own all Intellectual Property in and related to the Platform and any information available on it including all intellectual property rights and proprietary rights, including but without limitation to the Company’s trademarks, rights to patents, rights in circuit layouts, service marks, trade names, company names, domain names, brand names, registered designs, copyrights, database rights, logos, slogans, search results, graphics, photographs, animations, videos and text, and other forms of intellectual proprietary or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets, moral rights, any other protected rights and any licenses and permission in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registrations in connection with the foregoing (collectively “Intellectual Property”).

2.2. Your access or use of the Platform does not in any manner whatsoever grant you any right in relation to our and / or other third parties’ (where applicable) Intellectual Property.

2.3. You are not permitted to publish, distribute, display, manipulate, reverse engineer, reproduce, transmit, broadcast, podcast, webcast or otherwise share, in any format, any of the content and / or information supplied to, accessed by and / or disclosed to you in connection of your access and / or use of the Platform and you shall not and are not permitted to use such content and / or information in connection for any business or commercial purposes in any manner whatsoever. No information provided shall be deemed to constitute as financial, legal or medical advice.

2.4. To the extent permitted by law, any material, information or idea that you submit to the Platform and/or provide to us (except those covered under our Privacy Policy) shall be taken to mean that you have granted us a non-exclusive license to use, copy, disclose, distribute, incorporate and/or otherwise use them for any purposes whatsoever, including but not limited to, broadcast, publication, reproduction, transmission, developing, manufacturing, improving our Services and marketing products.

3. Prohibited Use of Platform

3.1. In addition to all other prohibitions as may be contained in these Terms of Use, you are further prohibited from accessing and / or using the Platform or its content:-

3.1.1. for any unlawful, illegal, obscene and / or immoral purpose;

3.1.2. to solicit others to perform or participate in unlawful or illegal activities;

3.1.3. violate any national and state laws, rules, regulations, ordinances and / or any other regulatory restrictions;

3.1.4. to infringe or violate our Intellectual Property rights or that of third parties;

3.1.5. to harass, defame, slander, disparage, intimidate or discriminate against any person;

3.1.6. to submit false or misleading information;

3.1.7. to collect or track the information of any other person or corporation;

3.1.8. interfere with the security features of the Platform or any other third party’s websites or the internet;

3.1.9. otherwise transmit, submit, interfere, disrupt, disable, destroy or impair the functioning of the Platform or any other third party’s websites, or the internet.

3.2. We reserve the right to prevent your further access and / or use of the Platform if you are suspected or discovered to have engaged, participated and / or performed any of the prohibited uses as set out in these Terms of Use.

4. Indemnity

4.1 You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents and/ or affiliates, from any and all third-party claims, liability, damages and / or costs (including but not limited to, legal fees) arising from your access to and / or use of the Platform and / or your breach of these Terms of Use or any other terms or policies applicable to you.

5. Personal Data Protection

5.1. By downloading, installing, accessing the Platform, you are deemed to acknowledge, accept and agree to be bound by our Privacy Policy, which may be revised and updated from time to time at our sole and absolute discretion. Please refer to our Privacy Policy, which forms a part of these Terms of Use, and you acknowledge that it is your responsibility to check the Privacy Policy made available by us.

5.2. Our Platform uses cookies and similar technologies to distinguish you from other users of the Platform and to better understand the usage of the Platform. This helps us provide you with a good experience when you access and/or use the Platform and also allows us to improve the Platform. By continuing to access and/or use the Platform, you are agreeing to the use of cookies.

6. No Agency Relationship

6.1. Nothing in these Terms of Use shall create or be deemed to create a partnership, agency, employer-employee relationship and / or employer-independent contractor relationship between you and us in any manner whatsoever.

7. Disclaimer and Limitation of Liability on Access and / or Use of the Platform

7.1. While we may take all steps to ensure that all content and / or information displayed on the Platform is accurate and complete, we provide the content and / or information for informative purposes and on an ‘as is’ basis without giving any representations and / or warranties and / or guarantees, whether express or implied under the general body of law or otherwise, to the fullest extent that the applicable laws permit and pursuant to the exceptions as permitted under such applicable laws.

7.2. For the best user experience, we provide access and availability to the Platform and Services including any rectification on a best efforts basis but we are not obliged to keep the Platform available, accessible, uninterrupted, timely, secure, accurate, inoffensive, complete or error-free at all times, and we are also not obliged to ensure that defects, if any, shall be corrected, or that the Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

7.3. In no event shall the Company be liable for any damages or losses of any kind howsoever arising out or resulting from or in connection with your access, use, reliance of the Platform, save and except for the Company’s gross negligence as determined and adjudged by a final, non-appealable judgment of a court or any other judicial body of competent jurisdiction.

7.4. You are responsible for evaluating the information and content obtained through the Platform. By using the Platform, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the Platform. You further agree that we, including our directors, officers, employees, consultants, agents and affiliates are not liable, and you agree not to hold us responsible or liable for any damages or losses to the extent permitted by law, including but not limited to indirect damages, incidental damages, consequential damages, punitive damages, damages for loss of profits, goodwill or reputation, loss of profits, intangible losses, and in any event any damages or losses which are remote and unforeseeable, from any one or more of the following:-

7.4.1. Your access, use and / or inability to use our Platform, Services, applications or tools;

7.4.2. Delays or disruptions in the Platform;

7.4.3. Damage to your hardware device or software from the use of our Platform;

7.4.4. Your failure to comply with the Terms of Use;

7.4.5. Breach of any representations, data or information made available on the Platform;

7.4.6. Any system, server or connection error, omission, interruption, delay in transmissions, viruses, worms, harmful codes, malicious programs or software; and

7.4.7. Any damages or losses that are remote and / or unforeseeable.

8. Limitation of Liability on the Terms of Use

8.1. Notwithstanding anything herein contained:-

8.1.1. this provision applies in respect of the full extent of these Terms of Use;

8.1.2. we, including our directors, officers, employees, consultants, agents and / or affiliates, disclaim all warranties, conditions and representations, whether expressed or implied under the general body of law or otherwise, to the fullest extent that the applicable laws permit and pursuant to the exceptions as permitted under such applicable laws;

8.1.3. to the extent permitted by law, save and except for our gross negligence or any liability otherwise imposed by legislation, any and all claims arising out of or in conjunction with these Terms of Use, we, including our directors, officers, employees, consultants, agents and affiliates, shall not be liable to you for any indirect damages, incidental damages, consequential damages, punitive damages, exemplary damages, damages for loss of profits, goodwill or reputation, and in any event any damages or losses which are remote and / or unforeseeable; and

8.1.4. if the Company is found to be liable for any damage caused by our gross negligence and / or statutory liability and / or otherwise by a final non-appealable judgment of a court or any other judicial body of competent jurisdiction, you hereby agree that our liability shall not exceed the sums that you have paid for the Product save for personal injury, property damage or death resulting directly from the said gross negligence or any liability otherwise imposed by legislation.

9. Termination

9.1. The Company reserves the right, in its sole discretion, to terminate your access and use of the Platform in whole or in part without notice if we found that you have breached any of the Terms of Use herein. If you are dissatisfied with the Platform, your sole and exclusive remedy is to discontinue your access and/or use of this Platform.

10. Governing Law & Disputes

10.1. These Terms of Use shall be interpreted and governed by the laws of the Territory. Any proceedings in connection with the Terms of Use shall be brought in the exclusive jurisdiction of the competent courts of the Territory. Should there be any inconsistencies between the Terms of Use and the laws of the Territory, the laws of the Territory shall prevail, without prejudice to the rights of both parties.

10.2. Notwithstanding the foregoing, we reserve the right to pursue the protection of our Intellectual Property rights and our confidential information through injunctive or any other equitable relief through the courts.

11. Entire Agreement

11.1. These Terms of Use set out the entire agreement and understanding between the Company and you and supersedes and cancels in all respect all previous arrangements, letters, agreements, promises, assurances, warranties, representations, understandings and undertakings, if any, between the parties, whether written or oral, with respect to the subject matter hereof.

11.2. Each party acknowledges that in entering into an agreement based on the Terms of Use it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently).

11.3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Terms of Use.

12. Language

12.1. In the event of a conflict, discrepancy, inconsistency or variance between the English language version and any other language translations of these Terms of Use, the English language version shall prevail.

13. Waiver

13.1. No failure or delay by us in exercising any of our rights under the Terms of Use shall operate as a waiver thereof nor shall any single or partial exercise of any right preclude any further exercise thereof or the exercise of any other right.

14. Severability

14.1. If any provision of the Terms of Use or the application thereof to any situation or circumstance shall be invalid or unenforceable, the remainder of the Terms of Use shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.