Terms & Conditions

Merchant Service Agreement

This Merchant Agreement is to lay down all the rights and obligations of the Merchants [which includes Contractors, Subcontractors, Suppliers and any other users who is offering their products and/or services in Trigariz ("the Site")] operated by Mercu Usaha Jaya LLP ("MUJ") and all services provided in the Site and MUJ. Prior to this Merchant Agreement, registered Merchant must also accept the Terms of Use of the Site. By accepting this Merchant Agreement and the continuing usage of the Site, the Merchant agrees that this Merchant Agreement, Terms of Use and Privacy Policy determined by MUJ will apply and be binding on the Merchant.

Clause 1 - Accounts

1.1 The Merchant is responsible for maintaining the confidentiality of his/her own account and password, and against any unauthorised access to his/her account.

1.2 The Merchant hereby agrees to accept responsibility for all activities that occur under the Merchant's account.

1.3 It is expressly agreed that the Site is not intended for the usage of any persons under the age of 18 and such persons shall not be allowed to use this Site. MUJ reserves the right to refuse service, terminate account, remove or edit the content and/or cancel orders in its sole discretion.

1.4 Without prejudice to other remedies, MUJ reserves its rights to limit, suspend, and/or terminate the Site, its service and users' accounts, prohibits access to the Site and its contents, delay or removed contents and take technical and legal measures to prevent other users to the Site if there are any damaging, criminal, fraudulent activities which may include any infringement of intellectual properties which occurs in the Site due to its users.

1.5 MUJ may suspend or terminate any Merchant accounts who is reported or found to be involved in any criminal and fraudulent activities, infringement of intellectual properties, or engaging in unscrupulous activities in the Site.

1.6 While using the Site, the Merchant hereby agrees that he/she will not:

1.6.1 Post inappropriate content or products in the Site;

1.6.2 Violate any laws/regulations, third party rights and/or policies;

1.6.3 Post false, inaccurate, misleading, defamatory or libelous contents;

1.6.4 Transfer ownership of account without MUJ's consent;

1.6.5 Distribute or post spam, chain letters or pyramid schemes;

1.6.6 Distribute viruses or any other technologies that may harm the Site or the interest or the properties of other users of the Site;

1.6.7 Copy, modify, or distribute the contents of the Site and MUJ's copyrights and trademarks;

1.6.8 Harvest or otherwise gather information of the Site's users without MUJ’s consent;

1.6.9 Using or creating accounts to circumvent the policies set down by MUJ

1.7 Any violation of clause 1.6, MUJ reserves the right to retain or take any further legal action, refuse service, terminate account, remove or edit the content and/or cancel orders in its sole discretion.

Clause 2 - Payment & Charges

2.1 MUJ may impose fees for the advertisement places and usage of the Site. Kindly refer to latest subscription fees and any applicable charges at the Site.

Clause 3 - Intellectual Property Rights

3.1 Merchant shall ensure that all contents, including product and service information, photographs and designs supplied or provided on the Site do not infringe and/or violate any trademark, patents, copyrights, designs, trade secrets, confidentiality information and agreement and all other intellectual property rights in any part of the world belonging to third parties.

3.2 Merchant shall also ensure that prior consent, approval and license are granted by such owners for the usage of such intellectual property rights.

3.3 In the event there is any reports or claims of infringement or violation of intellectual property rights against the Merchant for his/her use of any intellectual property rights on the Site, MUJ may at its sole discretion and without notice to the Merchant, remove such post, listing, information and/or photographs and thereafter suspend and/or terminate the Merchant's account and any sales or orders made will be suspended until such time MUJ at is sole discretion deems fit.

3.4 For marketing purposes, MUJ may disclose the Merchant's postings and information in the Site to MUJ's affiliated third parties or other media which includes but not limited to social media, physical media, advertisement, magazines, newspapers, blogs, forums, etc.

3.5 The Merchant shall indemnify MUJ and shall not hold MUJ responsible for any claims, actions and demands which may be instituted against MUJ due to the abovementioned infringement and violation of intellectual property rights.  

Clause 4 - Confidentiality

4.1 Both MUJ and Merchant understand that all documents, information or materials produced or acquired under this Agreement are confidential information and trade secrets. Neither party is entitled to disclose nor cause to be known by any way of such confidential information and trade secrets to any third party and agrees to properly keep them at any time either during and after the period hereof, except for the disclosure required by a court order or provisions of law.

Clause 5 - Product, Service, Design and Advice

5.1 The Merchant hereby warrant that his/her products, services, design and advice given, provided, posted and listed on the Site are genuine, authorised and does not violate any existing applicable prevailing bylaws.

5.2 The Merchant further warrants that his/her products comply with the specification requirements laid down by the local authority and possess the required licenses to provide such service, product, design and advice.

5.3 In the event, the Merchant violates any of the warranties as provided under Clause 4 herein, or other policies as set down by MUJ, MUJ reserves its rights to terminate this Merchant Agreement immediately without notice to the Merchant and thereafter proceed to terminate the Merchant's account and remove any or all postings made by the Merchant. MUJ also reserves its right to claim from the Merchant any losses or costs incurred by MUJ due to such termination.

Clause 6 - Dispute

6.1 Any dispute arises between the Users and the Merchants must be resolved between the parties and MUJ shall be excluded from any involvement of any disputes that arises.

6.2 In the event that there is a dispute, claims and/or actions between the Users and the Merchant, the User and the Merchant hereby agree to release MUJ, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, agents or assigns to the fullest extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Clause 7 - Governing Laws

7.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia and shall be subjected to the non-exclusive jurisdiction of the Malaysian Courts.

7.2 The Malaysian relevant courts shall be the competent court of first instance for any litigation arising from disputes between MUJ and Merchants in relation of the service provided.

Clause 8 - Merchant Management & Review System

8.1 Merchant may receive reviews and/or ratings from other users.

8.2 The review and/or ratings received are independent from MUJ and shall only be used as reference materials. MUJ shall not be held responsible for the reviews and/or ratings received by the Merchants. MUJ do not intervene in ascertaining the truthfulness of the reviews and/or ratings.

8.3 The review and/or rating may be deleted by the users or the Merchant may submit a report to MUJ to ascertain on whether the review and/or rating are appropriate for public disclosure and/or for any other objections which may arise.

8.4 MUJ is entitled to impose sanctions, such as deleting the review and/or rating if so required (which includes reviews and/or ratings which are false, slanderous, insulting and damaging credit of third party).

8.5 MUJ will evaluate, investigate and Merchant shall give full cooperation to MUJ to ensure users' complaints are handled carefully, efforts shall be paid to make sure satisfaction level of users can be maximised.

Clause 9 - Indemnity

9.1 Merchant hereby indemnify and hold MUJ, and its officers, directors, agents, subsidiaries, employees, harmless from any claims, actions, proceedings, demands and other costs incurred due to or arising out of the Merchant's breach of this Merchant Agreement or the Merchant violation of any laws or rights of any third party.

Clause 10 – Representation and Warranties

10.1 The Merchant represents and warrants that

• Any information delivered to the MUJ under this Agreement is correct;
• The Merchant is engaged in a lawful business and duly licenses to conduct such business under laws of all jurisdictions in which Merchant conducts business. Merchant shall comply with all laws, policies, guidelines, regulations ordinances or rules applicable to Merchant’s business and this Agreement;
• All goods and/or services, which MUJ to receive the payments hereunder are not arising from goods and/or services prohibited by laws and good morals or that would expose the Company’s image to risk;

10.2 Failing of the above representations and warranties, the Merchant agrees that MUJ is entitled to terminate this Agreement immediately and the Merchant shall be responsible for all damages incurred to MUJ, including any loss occurred from the Merchant as the result of its non-performance of this clause.

10.2 The Merchant shall not hold MUJ responsible for other users' content, actions or inactions, or for any products, designs, services or contents listed by other Users or Merchants.

Clause 11 - Limitation of Liability

11.1 It is expressly agreed that MUJ shall not be held responsible for any unauthorised access to OR alteration of the data, information, postings OR any transactions entered into through the Site.

11.2 It is also expressly agreed that MUJ shall not be held liable nor responsible for any threats, defamatory, obscene, offensive and/or illegal content or conduct of any party or user which includes (but not limited to) infringement of intellectual property rights.

11.3 It is also expressly agreed that MUJ shall not be held responsible nor liable for any damages caused whether directly, indirectly, incidental or consequential or any damages whatsoever whether in contract, tort or from any reliance on the material, products, designs, advised, contents presented on the Site, delays, loss of use, data or profits, and any other liabilities arising in connection with the use or and the inability of use of the Site.

Clause 12 - Amendment

12.1 Unless otherwise specified herein, any amendment, addition or alteration of the terms and conditions under this Agreement shall be made in writing and executed by the duly authorised representatives of both parties.

Clause 13 - Termination

13.1 This Merchant Agreement shall be terminated forthwith by either party by written notice in any the following events:-

13.1.1 If the Merchant's account is terminated; or

13.1.2 If the other party is in breach of any of the terms and conditions of this Merchant Agreement, Terms of Use and/or Privacy Policy and fails to remedy the breach within 30 days from the date of notification by the other party; or

13.1.3 If either party is facing any bankruptcy and/or winding up proceedings and/or is being wound-up; or

13.1.4 If either party cannot comply with, obtain or maintain any necessary authorisation, license or permission required for the performance of its duties stipulated herein.

13.2 In the event that this Merchant Agreement is terminated by reason of the above clause 11.1, there will no refund of the advertising fees and other charges paid to MUJ.

Clause 14 - Leads Generation

14.1 By signing up as a membership, The Merchant shall have the access to leads posted on Project Wall and Job Marketplace respectively. The Leads posted on the Project Wall and/or Job Marketplace does not carry any guaranteed levels of success of any kind.

Terms of Use

Terms & Conditions

Your use of this website (“Website”) and our services as provided in this platform (“Services”) is expressly conditioned upon your acceptance of the following terms and conditions. By accessing this Website and/or using the services provided in this platform herein, you are deemed to have agreed to the terms and conditions and be bound by it.

We reserve all rights to modify the terms and conditions at any time. By you continue accessing to this website and/or using the services provided herein subsequent to the changes deemed your acceptance to the changes of the terms and conditions.

Interpretation

“You” or “Your”	Shall mean Consumers (whether a casual users registering an account or otherwise) and Third Party Service Provider.
“Mercu” or “our”	Shall mean Mercu Usaha Jaya LLP who owns and operates this Website.
“Terms of Use”	Shall mean this Terms of Use.
“Third Party Service Provider”	Shall mean vendors, service providers, business owners, product owners that is licensed by Mercu to use this platform to provide its Services and Products to Consumers.
“Consumers”	Shall mean users (individual / company) who uses this Website to obtain Services and/or Products offered in this platform
“Website”	Shall mean the websites and / or platform bearing the domain www.trigariz.com.
“Service”	Shall mean any such service or professional services as provided by Mercu or Third Party Service Provider and approved by Mercu on this platform.
“Products”	Shall mean any such products or goods as made available by Mercu or Third Party Service Provider and approved by Mercu on this platform.

Terms of Use of Website

You may view pages from our Website in a web browser and print pages from our Website solely for your personal use subject to these terms and conditions herein.

You are not to alter, modify, copy, distribute, or make derivative works of the Website in any medium or any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes or such purpose as permissible in this terms and conditions contained herein.

You shall not collect any personal data, including but not limited to any, names or other account related information, from this Website for any commercial solicitation purposes save and except for the express consent of Mercu. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," or any other such form to access the Website. You are not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the Website.

You are to use and/or access to this Website in accordance with these Terms of Use herein and with all applicable laws. You must not use this Website in any means that is illegal or unlawful, infringes any third-party legal rights or in anyway that will be libellous or maliciously false, inappropriate, obscene or indecent, immoral, infringes any privacy data, negligent, misstatement, fraudulent, untrue, scam, sexually explicit, lewd, suggestive, violence, offensive, abusive, threatening, harassing or violence or any such nature that breach any of the Terms of Use, applicable law or regulations of Malaysia.

Use of Service

You are not to solicit a Service via this Website with no genuine intention to make any payment for the Services or to use the quotations for your own business or survey or marketing purposes which are not intended for personal use.

Your Personal Information will be disclosed to the extent that as may be required to do so by law or in connection with any legal proceedings, in any merger or acquisition of businesses and/or to any person with competent authority or with a court order.

You are encouraged to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with Third Party Service Provider or engaging with a Consumer through this Website, please further refer to Disclaimer Clause below.

You shall not leave any untrue or inappropriate feedback about a Services, Website and Third Party Service Provider, slander or defame any Users, Mercu and/or any Third Party Service Provider. You are to exercise good judgment in providing such feedbacks or comments to Mercu and/or in the Website.

Your Contents and Information

You hereby agree and acknowledge that all contents and information including but not limited to images, text, graphics, audio, files, scripts or software, you disclosed via this Website or in the course of using and/or providing Services herein, will be store by us and you further acknowledge and agree to allow us to disclose, publish, distribute or transmit your contents and information to our Third Party Service Provider, in any media or database. You have the right to access and modify your contents and information at any time.

Registration and accounts

You may register for an account by completing and submitting the required information. You are to refer to Mercu Privacy Policy. You must not use any other person’s account to access the Website at all times. You are not to provide any false or inaccurate biographical information or create any false identity or use other identity in accessing the Website.

User IDs and passwords

You must keep your password confidential at all times and must notify us in writing immediately if you become aware and/or have any reason to believe that your account has been abused or accessed by third party without your consent.

Please take note that you are responsible for any activity on this Website including any activities that may arise from your failure to keep your password confidential. You shall agree not to hold Mercu liable for any losses, damage or harm arises from your failure to comply with the clause herein and you shall be held liable for any losses arising out of such failure.

Cancellation and suspension of account

Mercu shall at any time, suspend, cancel or terminate your account without any prior notice to you if you are found to have breach any Terms of Use herein, any applicable laws and regulations of Malaysia. Upon any suspension, all licenses (if any) granted shall automatically be suspended likewise where your account is cancelled and terminated, all licenses (if any) granted to you shall be forthwith be terminated.

Mercu shall not be liable to you or any third party for any suspension, cancellation and/ termination of your account.

Copyright And Trademark

Except expressly stated herein, the copyright and all other intellectual property in the contents of this Website (including but not limited to all designs, text, images or links) are the property of Mercu and/or our licensor (if any).

As the contents of this Website are copyrighted and proprietary in nature, any unauthorized use of any materials on the Website will be a violation of copyright issue. Materials on the Website may not be copied, transmitted, broadcast, modified, reproduced, publicly displayed, performed, licensed, altered, distributed or used for any public or commercial purposes in whole or in part in any manner without explicit written permission of Mercu (including third-party links) unless it so expressly permitted in this terms and conditions contained herein.

Mercu and/or Trigariz logos are registered trademarks of Mercu. Use of these marks requires express permission from, and a license agreement with Mercu. No license or right is granted and your access to this Website should not be construed as granting, by implication, estoppels or otherwise any license or right to use the trademarks and logos. Unauthorized use of these and any other of Mercu portfolio of trademarks will be persecuted to the fullest extent of the law. To request this written approval, contact Mercu directly.

The following web link activities are explicitly prohibited by Mercu and may present as trademark and copyright infringement issues:-

• Links that involve unauthorized use of Mercu and/or Trigariz logo;
• A form of link that disguises the URL and/or bypasses the homepage or pages containing the entity copyright and legal disclaimers.

Cookies and RSS Feed

Mercu wish to notify that Mercu and third-party advertisements may use technologies such as cookies to collect information from your browser to deliver relevant advertising on this Website, in emails and across internet, personalize content and perform site analysis. Should you disagree to the Cookies, you may not be able to access the Website. There may be instances where your Personal Information may be linked to the information stored in and obtained from cookies. Please refer to our Privacy Policy.

By accessing the Website, Mercu may have RSS Feed and in the event of such, Mercu shall hereby grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display such content from Mercu RSS Feed without any modification on any non-commercial website owned and operated by you subject to the terms and conditions contained herein.

Where the RSS Feed appears and/or published in your website, you shall hereby agree to include a link to the Website in each web page where the RSS Feed appears.

Disclaimer

Mercu, through its Website, provides an online platform to connect Consumers with the Third Party Service Providers. Third Party Service Providers shall liaise directly and undertake all projects to be provided to Consumer. As such, by using this Service, Consumer and Third Party Service Provider hereby acknowledge that Mercu shall not be liable nor be responsible for any misleading, false statement or misrepresentation made by any Third Party Service Provider, any default, negligence, breach of terms caused by any Consumer and Third Party Service Provider and/or for any loss, expenses or liability which you may incur from using or relying on the contents and/or services by any Consumer and Third Party Service Provider.

The information and materials contained in or accessed through this Website including but not limited to the services, text, data, graphics, links and any information or services are provided on an “as is” and are of general nature only without any warranties of any kind, express or implied or any representation including but not limited to the operations, satisfactory quality, reliability and services by any Third Party Service Provider and information provided by Consumer.

Due to the nature of the electronic communication processes, Mercu does not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free or free of viruses. Under no circumstances Mercu be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your assessing this Website.

In no event shall Mercu, its directors, principals, agents or employees be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of use, data or profits) without regards to any form of action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Website, any content on or accessed by use of the Website, or any copying, display or other use hereof. Any dispute between Consumer and Third Party Service Provider is to be settled with each other. Mercu shall not be held responsible or be liable or be obligated in anyway hereof. You shall hereby acknowledge and agree not to involve Mercu and /or hold Mercu responsible or accountable for any dispute matters between Consumer and Third Party Service Providers.

Limitation of Liability

You shall hereby acknowledge and agree to the fullest extent that Mercu, its directors, principals, agents or employees shall not be held responsible for any losses, damage including but not limiting to any direct, indirect, consequential loss or damage, loss of business, contracts, commercial opportunities or goodwill, loss or corruption of any data, database or software arising or in connection of the use of this Website and/or Services herein.

You shall hereby agree to hold Mercu, its directors, principals, agents or employees harmless against any damage, loss or claims arising or in connection of your breach of this Terms of Use.

Third Party Links

Third party links including any advertisement which are operated by third parties are provided for your convenience. Mercu does not control or endorsed on the contents of the third party links and is not responsible nor assumes any responsibility for any of these sites or its contents. Mercu shall not be held liable for any loss or damage caused directly or indirectly by your reliance on the third-party links.

Messaging Services

The Application allows users to send messages to each other available on the website. However, the use of the private messaging service is not “Private” in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the users, we can view and monitor them.

Fees, Charges and Taxes

Mercu reserves the right at its sole discretion to charge fees, subscription fees and any applicable taxes to the Users of this Website. Where such fees are applicable, it shall be notified to Users in this Website from time to time. You are advised to log into the Website from time to time for any updates. For Third Party Service Provider please refer to our Merchant Agreement

Indemnity

You hereby agree to fully indemnify and hold Mercu, its directors, principals, agents or employees harmless, from and against all demands, claims, action, proceedings, damages, liabilities, losses, costs and expenses of whatsoever nature (including legal expenses), third party claims and all other claims arising from or in connection with any breach of the terms and conditions contained herein.

Governing Law and Jurisdiction

This Terms and Conditions shall be governed and construed in accordance to the Malaysian law and you shall hereby agree to submit to the exclusive jurisdiction of the Malaysian courts.

© Copyright 2021 Policy

Socimo copyright of use were last updated on December 10, 2021

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