PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING DJC WEBSITE AND/OR DJC SYSTEM SOFTWARE. THESE TERMS OF USE AND OUR PRIVACY NOTICE FORM THE BASIS ON WHICH YOU MAY ACCESS AND USE DJC WEBSITE AND/OR DJC SYSTEM SOFTWARE.
01Introduction and Agreement
1.1 This Website [as hereinafter defined] and/or DJC System Software [as hereinafter defined] are owned and operated by DJCAI Sdn. Bhd. (Company Registration No.: 202501001988 (1603402-X)) [hereinafter referred to as “DJCAI”, “We”, “Us”, “Our”]. These Terms of Use apply to this Website and DJC System Software.
1.2 DJCAI maintains and operates this Website and/or DJC System Software which could be used for the purpose of business development of the User [as hereinafter defined].
1.3 However, DJCAI does NOT guarantee the result of business development of the User.
1.4 Information on this Website and/or DJC System Software should NOT be regarded as a substitute for professional, legal, financial or sales and marketing advice.
1.5 By using this Website or by accessing and using or subscribing to or otherwise accessing DJC System Software, you hereby agree to be bound by the terms and conditions [“Terms”/“Terms of Use”] contained in these Terms of Use and our privacy policy as stated in our Privacy Notice. If you have any query about this Website, DJC System Software or these Terms of Use, you can contact us by referring to the contact information available on the Website (https://djc.ai/). If you do not agree with these Terms, you should stop using this Website or DJC System Software immediately. These Terms of Use read together with the Privacy Notice shall constitute a valid and binding agreement made between you and DJCAI.
1.6 We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms on this page of this Website and/or DJC System Software. Your continued use of this Website and/or DJC System Software after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. DJCAI may modify, suspend, discontinue or restrict the use of any portion of this Website and/or DJC System Software without notice or liability.
1.7 We do not warrant that content, links, or subdomains contained on, or associated with this Website and/or DJC System Software (if any) will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on this Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
1.8 We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any content posted by third party on this Website and/or through DJC System Software including any Input Material, Content, and Output Content. We, our Related Corporation, our directors, officers and agents therefore disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from this Website and/or DJC System Software.
02Definitions and Interpretations
2.1 In these Terms of Use, the following expressions shall, unless otherwise expressly stated, bear the following meaning:-
- “Account” means an account registered at this Website to subscribe to DJC System Software wherein conditional use, access and associated rights to DJC System Software are granted to an individual, company or otherwise for a specific period of time based on the subscription plan subscribed.
- “Content” means any Material which you share, publish, post, store, send, create or upload on DJC Website and/or any Material which you share, publish, post, store, send, create or upload using DJC System Software as a tool.
- “Intellectual Property Rights” means all current and future copyrights, patents, trade marks/service marks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, goodwill and the right to sue for passing off rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- “DJCAI”, “Our/our”, “Us/us”, “We/we” refers to DJCAI Sdn. Bhd. and its Related Corporation(s) (where applicable).
- “DJC Website”/”the Website”/ “this Website” means collectively the websites used, owned or operated by DJCAI and other web address(es) as may be used and/or adopted by DJCAI from time to time which shall include webpage or corresponding website in different languages and shall include any subdomains of those websites, voice assistant products, application programming interface (“API”) and widgets, etc and shall include all other websites that form part of the DJCAI’s network of websites, apps or another digital services (if applicable).
- “DJC System Software” means collectively the software and web application/tools developed and/or owned by DJCAI which utilises artificial intelligence (AI) to, amongst others, assist the User to generate and/or automate Output Content for the purpose of business development. DJC System Software could be accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise from the Website (subject to payment of subscription fee).
- “Input Material” means all and any Material keyed in, submitted, inserted, or in any way uploaded and/or added using the DJC System Software by the User.
- “Material” means all information, data, text, music, sound, audio, photographs, images, documents, graphics and video messages, and any input in whatsoever format and shall include the selection and arrangement thereof.
- “Output Content” means any Material generated by DJC System Software based on the Input Material.
- ‘Related Corporation’ in relation to any corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.
- “the User/user”, “you” means any person who is a visitor to the Website and uses the Website and/or subscribes to DJC System Software and shall include any person who has access to DJC System Software through the User’s Account, whether authorised by the User or otherwise.
- “Upgrades” means any bug fixes, error corrections, modifications, updates, upgrades, and new versions of DJC System Software that are provided by DJCAI generally to its paying subscribers at no additional charge save and except where otherwise expressly provided.
- In these Terms of Use, unless the context otherwise requires, words denoting one gender include all other genders and words denoting the singular include the plural and vice versa; words denoting “person” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa; any reference to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance with alphabets, figures, symbols or marks or a combination of them; any reference to a paragraph, sub-clause, clause is to the relevant paragraph, sub-clause, clause to these Terms of Use and any reference to these Terms of Use or any of the provisions hereof includes all amendments and modifications made to these Terms of Use from time to time in force; the headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any provisions herein.
03Acknowledgment, Representations and Warranties
3.1 By using the Website and/or DJC System Software or by uploading or downloading or otherwise accessing and using the Website and/or DJC System Software or by registering an Account at the Website, you hereby acknowledge, represent and warrant that:
- you are at least eighteen (18) years of age;
- all information and Material provided by you for the registration of an Account with us including all payment information you provided through the Third Party Portals is accurate, true, and up-to-date;
- you may not share your Account credentials or make your Account available to anyone else and are responsible for all activities that occur under your Account. If you register an account or use DJC System Software on behalf of another person, you must have the authority to accept these Terms of Use on their behalf.
- you understand that DJC System Software is merely an AI based web application which you use as a tool for your business development. You are solely responsible for all Input Material and Output Content.
- you have all necessary authority, rights and permissions to submit, send, post, or upload the Content to the Website or through the use of DJC System Software or both;
- you have all necessary authority, rights and permissions to submit, send, post, or upload the Input Material using DJC System Software;
- the Content and Output Content do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other Intellectual Property Rights of any third party, including any rights of privacy or publicity;
- the Content and Output Content do not and will not violate any applicable law or regulation; you agree to the use of the Third Party Portals for the purpose of payment of subscription fee in respect of the Account and for the purpose of payment functions in the DJC Software and/or DJCAI Website. In accessing and using the Third Party Portals, you need to adhere to and comply with the terms of use and other terms and conditions as determined by the Third Party Portals. You understand that in the event you refuses to adhere to and comply with the terms of use and other terms and conditions or refuses to access and use the Third Party Portals, we may not be able to provide the access, use, and subscription of DJC System Software and/or DJC Website to you;
- YOU HAVE READ AND FULLY UNDERSTOOD ALL THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PRIVACY NOTICE.
3.2 YOU AGREE TO FULLY INDEMNIFY, RELEASE, DEFEND AND HOLD DJCAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITY, LOSS, JUDGMENTS OR OTHER EXPENSE (INCLUDING, BUT NOT LIMITED TO, DEFENSE COSTS, EXPENSES AND SOLICITOR-CLIENT FEES) MADE OR IMPOSED UPON DJCAI ARISING OUT OF ANY ALLEGATIONS OF INJURIES TO OR DEATH OF PERSONS (INCLUDING WRONGFUL DEATH), DAMAGES TO PROPERTY, DAMAGES FOR LIBEL, VIOLATION OF THE RIGHT OF PRIVACY, PLAGIARISM, COPYRIGHT INFRINGEMENT, AND ANY OTHER CLAIMS, DAMAGES OR INJURIES OF WHATSOEVER KIND OR NATURE, ALLEGED TO BE SUFFERED OR SUFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY FINE, PENALTY, COMPENSATORY OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM (A) ANY DISTRIBUTION, PUBLICATION, REFUSAL TO PUBLISH, REMOVAL, DELETION, MOVEMENT, EDITING OR OTHER USE OF THE INPUT MATERIAL, THE CONTENT, AND THE OUTPUT CONTENT YOU PROVIDE; (B) YOUR USE OF DJC WEBSITE AND/OR DJC SYSTEM SOFTWARE OR ANY RELIANCE ON THE CONTENT THEREIN; (C) YOUR BREACH OF THESE TERMS OF USE; AND/OR (D) ANY ACTUAL, PROSPECTIVE OR TERMINATED SERVICES OR TRANSACTION BETWEEN YOU AND A THIRD PARTY.
3.3 Accuracy of AI-generated Content: You understand and acknowledge that:
(i) due to the nature of artificial intelligence generally, the Output Content may not be unique and other Users may receive similar Output Content from DJC System Software.
(ii) the Output Content should NOT be regarded as a substitute for professional, legal, financial or sales and marketing advice and should NOT be regarded as truth or factual information.
(iii) the Output Content may not accurately reflect real people, places, facts, or scenarios.
(iv) you are responsible to evaluate the Output Content for its accuracy and appropriateness for your use, before disseminating the Output Content to any person.
(v) you must not use any Output Content relating to a person for any purpose that could have a legal, health, credit ranking, or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, health, financial, medical or other important assessments or decisions about them.
04License and General Rules Relating to Use of the DJC Website and DJC System Software
4.1 Subject to the successful payment of the applicable subscription fee based on the subscription plan, we grant to you a non-exclusive, non-transferable, non-assignable licence in respect of DJC System Software (subject to the terms and usage limit of the license as set out in DJC Website) for the duration of the subscription plan to allow you to access and use DJC System Software including all functionalities available via remote access over the public internet solely for the purpose of the User’s business(es); and not for distribution, transfer, sale or use for the benefit of any third party. The license granted in this clause includes a license to use any Upgrades released by DJCAI during the validity of the subscription period.
4.2 You shall NOT: (i) reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms of DJC System Software or its hosted platform (if applicable) (except to the extent such restriction is prohibited by applicable local law in order to obtain interoperability), (ii) subject to these Terms of Use and the subscription plan, transfer, sell, lease, lend, disclose, or use for timesharing or service bureau purposes DJC System Software; (iii) remove or modify DJC System Software or any other notice of DJCAI’s proprietary rights on DJC Software, its hosted platform (if applicable), DJC Website, or any related Materials belonging to DJCAI; (iv) create any derivative works based on DJC System Software or the hosted platform (if applicable); and (v) access, scrape, copy, monitor or use any portion of DJC System Software, DJC Website, or any Materials or other content on DJC System Software and/or DJC Website by using any robot, "bot," spider, web crawler or other similar automatic device, except as approved in advance in writing by DJCAI.
4.3 You agree to be bound by the following terms and conditions:
- It is your responsibility to check and ensure that you are accessing and using the correct software version of DJC System Software for your device (whether it is a computer, mobile phone, tablet or otherwise). DJCAI is not liable if you do not have a compatible device or if you accessed and used the wrong version of the software of DJC System Software to your device. DJCAI reserves the rights not to permit you to access or use DJC System Software should you use the application and/or software with an incompatible or unauthorised device or for purposes other than which the application and/or software is intended to be used.
- You must comply with all applicable laws in the country of your use of DJC System Software and with any applicable international laws, including the local laws in your country of residence when accessing or using this Website and/or DJC System Software.
- You shall only access the Website and/or DJC System Software and/or the Third Party Portals through authorised and lawful means. You shall exercise all care when accessing the Website and/or DJC System Software and/or Third Party Portals whether with your computer or with your mobile phone/device. YOU SHALL ENSURE THAT THE MOBILE PHONE/DEVICE AND/OR COMPUTER USED BY YOU TO ACCESS THE WEBSITE AND/OR DJC SYSTEM SOFTWARE AND/OR THIRD PARTY PORTALS IS LEGALLY OWNED/POSSESSED/USED BY YOU AT ALL TIMES AND YOU SHALL NOT ALLOW ANY PERSON TO ACCESS OR MANIPULATE THE WEBSITE AND/OR DJC SYSTEM SOFTWARE AND/OR THIRD PARTY PORTALS USING YOUR MOBILE PHONE/DEVICE AND/OR COMPUTER.
- You will NOT use this Website and/or DJC System Software in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement and/or an infringement of any Intellectual Property Rights or any person.
- You will only use this Website and/or DJC System Software for lawful purposes and for the purpose it is intended to be used.
- You shall be responsible for all the security and integrity of Input Material and Output Content transmitted, uploaded or broadcasted by you or any person using your mobile phone/device and/or computer, whether with or without your authorisation.
- You shall ensure that all Input Material, Content, and/or Output Content submitted by you via the Website and/or using DJC System Software will be free of any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature.
- It is your responsibility to ensure you have adequate internet/network coverage when accessing and using this Website and/or DJC System Software.
- You are aware that when using the Website and/or DJC System Software, the standard telecommunication data charges and charges for the use of internet or any other network will apply and shall be borne solely by you.
- You agree that the Website and/or DJC System Software and/or Third Party Portals are provided on a reasonable effort basis. DJCAI shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of this Website and/or DJC System Software, and/or Third Party Portals, corruption of data or unavailability of this Website and/or DJC System Software and/or Third Party Portals or any part thereof caused by factors which are beyond the control of DJCAI which include adverse weather conditions, electromagnetic interference, equipment failure or congestion in the internet systems, hacking, etc.
- You will not engage in any of the Prohibited Activities as listed below.
05Prohibited Content/Activities
5.1 The following is a partial list of the kinds of activities, Input Material and/or Content and/or Output Content that are prohibited on or through this Website and/or DJC System Software:
- that is patently offensive to the online community, or any cultural or religious sensibility, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- that is potentially unlawful, seditious, defamatory, or threatening to the national security and/or public order, and/or which is likely to encourage crime or lead to public disorder and/or instigate racism or otherwise prohibited within the country in which you reside;
- that is misleading, erroneous, inaccurate, outdated, or false;
- which will infringe Intellectual Property Rights of any person or will tantamount to a breach, default, or non-compliance of any governing law, or contractual obligations with any person;
- that could be harmful to minors;
- that harasses or advocates harassment of another person;
- that involves the transmission of junk mail, chain letters, contests, surveys, or other mass messaging or unsolicited mass mailing or "spam" to DJCAI’s users or others, whether for commercial purpose or otherwise;
- that is fraudulent, false or misleading or promotes illegal activities or conduct that is unlawful, abusive, threatening, false, defamatory or libelous, or to cause any nuisance, harassment, annoyance, inconvenience to any person;
- that contains restricted or password-only access pages, or hidden pages or images;
- that displays pornographic or sexually explicit material of any kind or any material that is indecent, profane or obscene;
- that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- which promotes the sale or use of illegal, prescription, or recreational drugs, tobacco products and related paraphernalia; unsafe supplements, weapons, ammunition, or explosives, adult products or services, illegal money lending services, or illegal gambling;
- which contains shocking, sensational, disrespectful, or excessively violent content or any images that are scary, gory or sensational;
- that solicit passwords, money, or personally identifiable information for any purpose including any unlawful purposes from other users;
- that are related to commercial activities not within the purpose of this Website and/or DJC System Software, such as contests, sweepstakes, barter, and pyramid schemes;
- using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the content contained in this Website and/or DJC System Software or for any other unauthorised purpose without our prior written consent;
- using any device, software or routine to interfere or attempt to interfere with the proper working of this Website and/or DJC System Software;
- in any way tampering and/or manipulating or attempting to tamper and/or manipulate any data transmitted to this Website and/or DJC System Software;
- engaging any activities which modify, adapt, translate or reverse engineer any part of this Website and/or DJC System Software or re-format or frame any portion of the pages comprising this Website and/or DJC System Software, save to the extent expressly permitted by these Terms of Use or by law;
- using any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on this Website and/or DJC System Software or use any device, software, process or means to interfere or attempt to interfere with the proper working on this Website and/or DJC System Software;
- transmitting or attempt to transmit onto this Website and/or DJC System Software any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature;
- using or indexing any content or data on our platform for purposes of: (i) constructing or populating a searchable database of properties; (ii) building a database of Property Information; or (iii) competing with us in business in any manner that we have not specifically authorised;
- taking any action that, in our sole opinion, will impose an unreasonable or disproportionately large load or make excessive traffic demands on DJCAI’S hardware and software infrastructure of this Website and/or DJC System Software;
- using this Website and/or DJC System Software or any content from this Website and/or DJC System Software in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
- gaining or attempting to gain unauthorised access to this Website and/or DJC System Software or any networks, servers or computer systems connected to this Website and/or DJC System Software.
[hereinafter collectively referred to as “Prohibited Activities”].
5.2 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of this Website and/or DJC System Software, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
06Data Use, Date Standards, Data Translation and Data Collection
6.1 Data Collection: You understand and agree that DJCAI may drop cookies on your computer/mobile phone/device or use pixels, web beacons, tags, JavaScript or other data collecting technology [hereinafter collectively referred to as the "Data Collecting Technology"] for certain functions of this Website and/or DJC System Software. You expressly authorise and consent to the use of such Data Collecting Technology for purpose in connection with this Website and/or DJC System Software. DJCAI will treat all data collected through such Data Collecting Technology as confidential information. DJCAI will comply with the policies stated in the Privacy Notice with respect of such data.
6.2 Data Use & License: BY SUBMITTING ANY MATERIAL TO THE WEBSITE, YOU HEREBY GRANT TO DJCAI AND ITS AFFILIATES A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE (UNLESS STATED OTHERWISE), FULLY TRANSFERABLE, FULLY SUB-LICENSABLE RIGHT AND LICENSE TO PRODUCE, PUBLISH, COPY, ADAPT, MODIFY, DISPLAY, DISTRIBUTE, PERFORM, TRANSLATE, CREATE DERIVATIVE WORKS FROM, AND OTHERWISE USE AND EXPLOIT ALL SUCH MATERIALS IN ANY FORM, MEDIA, SOFTWARE OR TECHNOLOGY OF ANY KIND NOW EXISTING OR DEVELOPED IN THE FUTURE. YOU FURTHER GRANT TO DJCAI AND ITS AFFILIATES A ROYALTY-FREE RIGHT AND LICENSE TO USE YOUR NAME, IMAGE AND LIKENESS IN CONNECTION WITH THE REPRODUCTION OR DISTRIBUTION OF THE MATERIALS.
07Payment & Refund Policy
- The subscription to the use of DJC System Software shall be invoiced on a monthly basis or by way of any other agreement you maintain with DJCAI and/or its Related Corporations or through the Third Party Portals. The payment terms shall be determined by way of the payment scheme as displayed on the Website and/or DJC System Software or pursuant to the respective payment arrangement you maintain with DJCAI and/or its Related Corporations, whichever is applicable.
- Unless otherwise expressly stated, all payments are to be made in advance.
- (If applicable) You hereby authorise DJCAI and/or Third Party Portals to charge your card in accordance with your subscribed plan.
- If you have subscribed for the Account for a fixed duration, your card will continued to be charged with the subscription amount for the continuing term in line with your billing cycle until you have notified DJCAI and/or the Third Party Portals in writing of your termination in accordance with the terms and conditions of these Terms of Use.
- DJCAI and/or Third Party Portals bill your card automatically based on the terms and conditions of your plan. All charged fees will not be refunded.
- If you wish to cancel your subscription prior to the end of the term, you may request a cancellation in writing not less than 14 days prior to your subscriptions renewal. Subscription fee paid for a payment cycle in advance will not be refunded in the event of such cancellation for any unexpired or unutilised term.
08Suspension or Termination of Service
- Subscriptions of Account can be terminated any time after the end of the subscription terms by notification to DJCAI using suitable contact information available on DJC Website. Minimum subscriptions are the full term of the subscribed subscription package.
- Requests for cancellation of a continuing subscription must be made in writing seven (7) days prior to the new billing cycle as defined by your rate plan. Every effort will be made for requests that occur after this time however they cannot be guaranteed.
- Request for termination prior to the end of a minimum term are not permitted except in the case of extreme financial hardship accompanied by a request in writing.
- Termination will take effect within from the end of the minimum subscription term or as agreed by both parties.
- You remain liable for all fees incurred up to the end of the current subscription package date.
- This Agreement may be immediately terminated by DJCAI if there is any breach of these Terms of Use.
- Termination of this Agreement, howsoever caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
- If a subscription is cancelled prior to the end of the minimum term, and the User wishes to subscribe to DJC System Software in the future, you must first pay out any outstanding balance from previously cancelled subscription, if any.
- You understand and agree that in DJCAI’s sole discretion, and without prior notice, your access to this Website and/or DJC System Software may be terminated or suspended or limited or blocked, and DJCAI may exercise any other remedy available to limit your use of DJC System Software, if DJCAI believes that your use of this Website and/or DJC System Software and/or any Input Material/Content/Output Content you provide (a) violate (i) these Terms of Use, or (ii) the rights of DJCAI, any affiliate or or another user of this Website and/or DJC System Software, or (iii) any law or regulation, or are otherwise objectionable or inappropriate, or (b) constitute fraudulent activity of any nature or (c) you fail to pay the subscription fee or any part thereof. You agree that monetary damages may not provide a sufficient remedy to DJCAI for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.
09Site Content
9.1 All information and content available on this Website and/or DJC System Software [hereinafter collectively, referred to as "Site Content"] is protected by copyright and other intellectual property laws. The Site Content is owned by DJCAI, its affiliates, and/or their respective licensors and suppliers, if applicable [hereinafter collectively referred to as "Licensors"]. ALL RIGHTS ARE RESERVED. While you may view, print, interact with or download a single copy of any portion of the Site Content for the purpose set out on this Website and/or DJC System Software, information or use, you may NOT copy, edit, vary, reproduce, sell, publish, distribute, modify, display, store, transmit, perform, re-post or otherwise commercially exploit, disseminate in any form whatsoever or use any portion of the Site Content in any other way or for any other purpose without the prior written consent of DJCAI.
10Trade Marks
10.1 You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid [hereinafter collectively referred to as “Marks”] contained on or in this Website and/or DJC System Software (save and except for your own Marks) are owned by DJCAI or its affiliates or its Licensors or third party partners/clients of DJCAI. You agree that you will NOT use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks not belonging to you without prior written consent of DJCAI or the relevant affiliate or the Licensors or the relevant third party, partner/client of DJCAI. You further agree that you will not alter or remove any Mark, copyright or other notice from any copies of the Site Content.
10.2 You shall never claim the title or any rights in and to the Marks “DJC System”, “DJCAI” and “DJC” [collectively referred to as “the DJCAI Marks”].
10.3 You acknowledge that DJCAI possesses absolute and exclusive proprietary rights in the DJCAI Marks and the goodwill in the DJCAI Marks will remain the sole property of DJCAI.
10.4 Unless expressly agreed otherwise by DJCAI or unless allowed in these Terms of Use, you shall irrevocably and unconditionally covenant and undertake that you shall NOT at any time in the future, whether in your country of residence/business operation or elsewhere:
(a) use in your business or company name or trade name any DJCAI Marks;
(b) apply for the registration or protection of any material that is substantially the same as, substantially identical with, substantially equivalent, or deceptively similar or confusingly similar to the DJCAI Marks;
(c) operate any website under and by reference to the domain name(s) incorporating and/or confusingly similar to any of the DJCAI Marks;
(d) conduct business or trade under a name identical to, comprising and/or confusingly similar to the DJCAI Marks and/or any other name referring to the DJCAI Marks in any way whatsoever;
(e) otherwise pass off, attempt to pass off, or cause, assist or enable others to pass off any trade mark, any trade names, company name which is similar to any of the DJCAI Marks and/or any word, mark, name, devise which is confusingly similar thereto; and
(f) engage in any other activities which infringe the Intellectual Property Rights of DJCAI.
10.5 Except as expressly permitted in these Terms of Use, you shall not, and shall not permit others to: (a) modify, translate, create or attempt to create derivative copies of or copy this Website and/or DJC System Software in whole or in part; (b) reverse engineer, decompile, disassemble or otherwise reduce the object code of this Website and/or DJC System Software to source code form; (c) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer your right to use the DJC Software.
- You shall indemnify and keep us indemnified against any and all losses arising from any claims brought against us as a result of any infringement of Intellectual Property Rights of a third party by or through any Input Material/Content/Output Content uploaded onto this Website and/or DJC System Software.
11Software
11.1 Please note that, unless otherwise expressly stated, all software programming, including without limitation all HTML and other code contained in this Website and/or DJC System Software [hereinafter collectively referred to as "Software"] is owned by DJCAI and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to maximum extent possible.
12Third Party Websites
12.1 This Website and/or DJC System Software may contain links to websites operated by third parties including Third Party Portals [“Third Party Websites”]. DJCAI may monetise some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs, DJCAI does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or Content. You are advised to check on the privacy policies and terms of use of such Third Party Websites prior to accessing the same.
13Warranty Disclaimer
13.1 YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND/OR DJC SYSTEM SOFTWARE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DJCAI, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIS WEBSITE AND/OR DJC SYSTEM SOFTWARE, THE SOFTWARE, THE CONTENT, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE WEBSITE, DJC SYSTEM SOFTWARE, THE SOFTWARE, THE CONTENT, THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND DJCAI, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT.
14Limitation of Liability
- DJCAI, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING, LOSS OF REVENUE AND/OR ANY LOSS RESULTING FROM OR CAUSED BY THE WEBSITE, DJC SYSTEM SOFTWARE, THE SOFTWARE, CONTENT, THE MATERIALS, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE) AND/OR ANY SUSPENSION, CANCELLATION OR TERMINATION OR REFUSAL OF YOUR USE OF THE WEBSITE, DJC SYSTEM SOFTWARE OR ANY CONTENT OR MATERIAL THEREOF. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DJCAI, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED RINGGIT MALAYSIA FIVE HUNDRED (MYR500). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
- All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.
- You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
15Force Majeure
- The obligations of each party under these Terms of Use shall be suspended during the period and to the extent that the affected party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (war, earthquake, typhoon, adverse weather, strike, lock-outs, labour disputes, riot, civil commotion, fires, floods, terrorism, pandemics, acts of god and any natural disaster, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm).
- Clause 15.1 shall NOT apply to the obligation to pay the subscription fee and/or any payment due or owing by the User
16Miscellaneous
16.1 These Terms of Use shall be governed and construed by the laws of Malaysia. Any dispute, controversy, difference or claim arising out of or relating to this agreement/Terms of Use, including the existence, validity, interpretation, performance, breach or termination or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (AIAC). This clause will survive termination of this agreement/Terms of Use.
16.2 Any term, condition, stipulation, provision, covenant or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, stipulation, provision, covenant or undertaking herein contained.
16.3 Failure by DJCAI to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
16.4 Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and DJCAI.
- These Terms of Use read together with the Privacy Notice shall constitute the entire agreement between you and us in connection with the use of this Website and/or DJC System Software. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced. You may not assign your rights or liabilities under this agreement without our prior written consent.
- Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and agents treat as strictly confidential all information received or obtained as a result of using this Website and/or DJC System Software which are confidential in nature.
Last updated on 7th March 2025.