You should read the Terms and Conditions carefully before using redtomato.com.my. By using redtomato.com.my. or indicating your agreement by clicking the Accept button (or by other applicable means), you agree to be bound by the Terms and Conditions. Please note that this is a legally binding contract with Talent Plus Sdn Bhd (821350-K), the owner of redtomato.com.my. If you do not agree with the Terms and Conditions you should not use redtomato.com.my and please click the Reject button (or terminate the registration process).
A. SCOPE OF SERVICES
A.1 We will make available to you various news and information and related services through redtomato.com.my in accordance with the Terms and Conditions.
A.2 We may, at our sole discretion, vary, amend, add to, or suspend
redtomato.com.my or any part thereof including the removal of the content of
any web pages forming part of redtomato.com.my, and we may do so with or
without giving you prior notice.
A.3 redtomato.com.my may be temporarily unavailable from time to time due to
required maintenance, telecommunications interruptions or other disruptions.
B.1 Currently there is no charge in the use of redtomato.com.my. However, wreserve
the right at any time to charge subscription fees for access to redtomato.com.my
or any part thereof.
B.2 You shall bear any taxes, duties or levies to which the subscription fee is subject.
C. YOUR OBLIGATIONS
C.1 You shall be solely responsible for the set-up or configuration of your computer
system (hardware, equipment and software) to ensure you will have optimal
access to redtomato.com.my at all times. As we may also from time to time
incorporate new technologies in redtomato.com.my, we suggest you seek expert
help in configuring and maintaining your computer system.
C.2 Information transmitted through the Internet is in general not confidential. We
cannot therefore and will not guarantee the privacy or protection of your
personal information including your User ID and Password. You shall therefore take
all necessary measures (such as changing Password regularly) to protect the
secrecy of such information. You shall immediately notify us of any unauthorised
use of your User ID and/or Password or any other breach of security known to you.
C.3 You shall use redtomato.com.my in a manner consistent with any and all
applicable laws, regulations and directives of the applicable jurisdictions.
C.4 redtomato.com.my is made available to you for your own personal use only. In no
event shall you use redtomato.com.my for or in connection with any business or
commercial enterprise, without limitation, any securities, investment, accounting,
banking, legal or media business or enterprise.
C.5 We shall regard all the information provided by you upon registration as true,
accurate and correct, and if there shall be any change to any of the information
thereafter, you shall immediately notify us.
D. NO INVESTMENT ADVICE
D.1 All news, articles and material displayed on redtomato.com.my are for your
information only and are no substitute for independent research and/or
D.2 In particular, you shall not treat redtomato.com.my as a financial or investment
advisory service. Any information that may be given by sun2surf.com is provided
on a general basis and does not take into account your specific investment
objectives, financial status and particular needs. You shall therefore seek specific
advice from your stockbrokers, lawyers, financial advisers, or such other
appropriate professionals before acting or relying on the information obtained
E. "Post Your Comments"
E.1 The "Post Your Comments" feature provides users an opportunity to post and
exchange information, ideas and opinions (the "Postings"). While we may screen,
edit or review any Posting prior to its appearance on redtomato.com.my, we do
not undertake to perform such screening, edit or review nor do we endorse or
approve the "Posting"s content in any way. As such, Postings do not necessarily
reflect our views. To the fullest extent permitted by applicable laws, we exclude
all responsibility and liability for the Postings or for any losses or expenses resulting
from their use and/or appearance on redtomato.com.my.
E.2 Notwithstanding the above, we do reserve the right to monitor all materials
posted via the "Post Your Comments" feature and to remove any of such
material which we consider in our absolute discretion to be offensive or otherwise
in breach of the Terms and Conditions. We therefore cannot guarantee that all
Postings will appear on redtomato.com.my.
E.3You represent and warrant that you have all necessary rights in and to all Postings
you provide and all material they contain and that such Postings shall not infringe
any proprietary or other rights of third parties. By making such Postings on
redtomato.com.my, you automatically grant to us a perpetual, royalty-free,
irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such Postings or
incorporate them into any form, medium or technology now known or later
F. PROHIBITED CONDUCTS
You agree that you shall NOT:
a. use redtomato.com.my for spamming. Spamming includes (i) the bulk-sending
of unsolicited messages, or the sending of unsolicited e-mails which provoke
complaints from recipients, (ii) the sending of junk mail, (iii) the use of distribution
lists that include people who have not given specific permission to be included in
such distribution process, (iv) posting commercial advertisements to newsgroup
that do not permit them, (v) posting articles containing binary encoded data to a
non-binary newsgroup, (vi) excessively and repeatedly posting off-topic
messages to newsgroup, (vii) excessive and repeated cross-posting, (viii) e-mail
harassment of another Internet user, including transmitting any threatening,
libellous or obscene material, or material of any nature which could be regarded
as offensive by the recipient, and (ix) the e-mailing of age-inappropriate
communications or content to anyone under the age of 18;
b. upload to, distribute through, or otherwise publish through redtomato.com.my
any content which is libellous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable
that would constitute or encourage a criminal offence, violate the rights of any
party, or that would otherwise give rise to liability or violate any law;
c. re-sell or re-distribute redtomato.com.my or any part thereof nor to use the
same to conduct index-based trading on any stock exchanges or on securities
quoted on any stock exchanges.
G. INTELLECTUAL PROPERTY
G.1 All intellectual property rights and proprietary rights in all content and material
inclusive of text, photographs, video, audio and graphics, that is part of,
contained in, or accessed through redtomato.com.my and in any enhancements
or modifications to, adaptations or translations of, or derivative works based on
the foregoing shall be and remain our property or that of our licensors, as the
case may be. No intellectual property or other rights shall be transferred to you.
G.2You are authorised to download one copy of the material on redtomato.com.my
on one computer for your personal, non-commercial use only but you may not in
so doing remove or amend any trademark, copyright or other proprietary notice.
G.3 Subject to the above, you may not modify, copy, distribute, republish or upload
any of the material on redtomato.com.my without our prior consent in writing.
G.4 You shall not acquire any rights to any mailbox number, User ID, IP address, circuit
reference and any codes (whether assigned to you or otherwise) and we reserve
the right to change any of them at our sole discretion without being liable to you
for any damages or losses suffered.
G.5 Any creative suggestions, ideas, notes, drawings, concepts or other information
provided by you in respect of redtomato.com.my, shall be deemed and remain
H. NO WARRANTY
H.1 You accept that redtomato.com.my is provided on an "as is, as available" basis.
Any condition or warranty which may be implied or incorporated within the Terms
and Conditions by reason of statute or common law or otherwise (including
warranties as to merchantability, suitability, satisfactory quality and fitness for
purpose) is hereby expressly excluded.
H.2 In particular, we do not give any warranty in respect of the timeliness, accuracy
or completeness of any information provided on redtomato.com.my because the
Internet is, due to unpredictable traffic congestion and other reasons, an
inherently unreliable medium of communication and that such unreliability is
beyond our control.
H.3 Material displayed on redtomato.com.my may include views and opinions of third
parties, which do not necessarily reflect ours. Therefore we cannot and do not
guarantee the accuracy or completeness of, or otherwise endorse, these views
H.4 Where we provide advertisements of third party products or services on
redtomato.com.my (whether or not by way of hypertext links to another website)
we do so for information purposes only, and such advertisements are not
endorsements or approval by us of any such products or services and we accept
no liability nor make any endorsement or approval of the same. We neither
endorse nor approve the contents of the third party websites to which such
advertisements are linked and your access to such websites shall be entirely at
your own risk and subject to such terms and conditions as may be posted
I.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND
ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND
HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA,
LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
Without prejudice to the foregoing, we, our officers, employees, agents, suppliers,
and licensors shall not be liable to you for any cost, claim, liability, expense,
demand or damages whatsoever (including any loss of profits, lost savings, direct,
indirect, special, incidental or punitive losses or consequential damages) arising
a.your use or inability to use redtomato.com.my or any part thereof;
b.any error, omission or inaccuracy with respect to any advice or information
obtained by virtue of redtomato.com.my;
c.the inaccuracies, delays, omissions, non-deliveries, misdeliveries of information
caused by any human/mechanical/electrical fault, omission, breach of contract,
negligence or otherwise
J.1 Without prejudice to any of the other provisions of the Terms and Conditions and
to any other rights and remedies which we may have at law, you shall indemnify
and hold us, our officers, employees, agents, suppliers, and licensors harmless at
all times against all actions, proceedings, costs, claims, expenses (including legal
costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect
or consequential) and damages (whether in tort, contract or otherwise)
whatsoever (including claims made by third parties and claims for defamation,
infringement of intellectual property rights, death, bodily injury, wrongful use of
computers, unauthorised or illegal access to computers (including hacking),
property damage or pecuniary losses howsoever arising, which we, our officers,
employees, agents, suppliers and licensors may sustain, incur, suffer or pay arising
out of, in connection with or pursuant to the Terms and Conditions or the use of
redtomato.com.my whether authorised or not or any act or omission on your part.
K.1 Any notice required or permitted may be made by e-mail properly addressed to
the intended recipient, and in the case of notice to us at the e-mail address
L.1 We may assign, delegate and/or otherwise transfer our rights and obligations
hereunder to any person or entity. You may however not assign, delegate or
otherwise transfer any of your rights or obligations hereunder without our prior
written consent. The contract formed hereunder shall be binding upon and inure
to the benefit of the parties and their respective successors and permitted
M. NO WAIVER
M.1 No waiver on our part to exercise, and no delay in exercising, any right, power or
provision of the Terms and Conditions shall operate as a waiver thereof, nor shall
any single or partial exercise of any right, power or provision hereunder preclude
the exercise of that or any other right, power or provision. The rights and remedies
provided in the Terms and Conditions are cumulative and are not exclusive of any
rights or remedies provide by law.
N.1 Should any part of the Terms and Conditions be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not affect the
validity of any remaining portion and such remaining portion shall remain in full
force and effect as if the invalid portion of the Terms and Conditions had been
O. ENTIRE AGREEMENT
O.1 The Terms and Conditions contain the entire understanding between us with
respect of sun2surf.com and no representation, statement, inducement oral or
written, not contained herein shall bind either of us.
P. AMENDMENT OF TERMS AND CONDITIONS
P.1 We reserve the right, at our sole discretion, to change, modify, add or remove
any of the provisions of the Terms and Conditions at any time. You shall therefore
check this page periodically for changes to the Terms and Conditions. Your
continued use of redtomato.com.my following the posting of changes to the
Terms and Conditions shall mean that you accept those changes.
Q. GOVERNING LAW & JURISDICTION
Q.1 The Terms and Conditions shall be governed by and construed in accordance
with the laws of Malaysia and all disputes arising in any way out of or affecting the
Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of
Malaysia, to which the parties agree to submit.
R. OTHER JURISDICTIONS
R.1 redtomato.com.my is intended for use only in Malaysia. Therefore those who
choose to access redtomato.com.my from locations outside Malaysia do so on
their own initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable.
S.1 Section headings in the Terms and Conditions are for convenience only and shall
not affect the meaning or interpretation of the Terms and Conditions or any
S.2 Words in the singular include the plural, and vice versa.
S.3 A reference to a person includes a reference to a firm, a body corporate, an
unincorporated association or authority.
S.4 A reference to writing includes any method of reproducing words in a legible and
non-transitory form, including e-mail.
T.1 We do not collect personally identifiable information about you except when
provided voluntarily. Such personally identifiable information may be obtained
from a contest registration, when you register to use redtomato.com.my and in
connection with content submissions, Postings, suggestions, voting/polling
activities and transactional areas.
T.2 We may disclose your personal information to third parties if we believe in good
faith that such disclosure is necessary: (a) to comply with the law or in response to
a subpoena, court order, government request, or other legal process; (b) to
protect our interests, rights, safety, or property; (c) to enforce any of the provisions
of the Terms and Conditions; (d) to provide you with the services or products
requested by you and to perform other activities related to such services and
products, including billing and collection; or (e) to operate our systems properly.
We may also share your personal information with a sponsor or other third party
who is interested in serving you ("Third-Party Providers"). You may inform us at any
time not to share your personal information with such Third-Party Providers by
sending us an e-mail message at our email address specified below.
T.3 We reserve the right to change this statement at any time by posting revisions on
any contractual or other legal rights in or on behalf of any party.
U. LINKING AND FRAMING
U.1 By linking to redtomato.com.my, you represent that you have read and agree to
be bound by the terms and conditions of this Section V. You further represent that
you have read and agree to be bound by the Terms and Conditions of
U.2 You acknowledge that redtomato.com.my, including but not limited to the text,
contents, photographs, video, audio and graphics thereon, has been specially
designed by us for presentation in a unique format and appearance, with our
look and feel (collectively "Look and Feel"), and that such Look and Feel is
protected by copyrights, trademarks, service marks, international treaties and/or
other proprietary rights and laws of Malaysia and other countries. Upon linking to
redtomato.com.my pursuant to the terms and conditions of this Section U, you will
be granted a non-exclusive, non-transferable, royalty-free license to use
RedTomato mark solely for providing an underlined, textual link from your website
to www.redtomato.com.my. No other use of RedTomato's marks or name is
permitted without our prior written consent.
U.3 Without limiting the provisions contained in this Section V, you may include a link
on your website to www.redtomato.com.my.my homepage, currently located at
http://www.redtomato.com.my (the "Home Page"). Please notify us at our email
address specified below when you link to the Home Page pursuant to this Section
V3. You may not however link to www.redtomato.com.my any site containing
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topics, names, material or information, or material or information that violates any
applicable intellectual property, proprietary, privacy or publicity rights.
U.4 We are concerned about the integrity of redtomato.com.my when it is accessed
in a manner solely determined by third parties or viewed in a setting solely
created by third parties. Specifically, We are concerned with activities such as
linking to an internal or subsidiary page of redtomato.com.my that is located one
or several levels down from the Home Page ("deep linking"), or bringing up or
presenting content of redtomato.com.my within another website ("framing"). In
this regard, without limiting the provisions contained in this Section V, you must
make a specific request for, and secure permission from, us prior to deep linking
to, or framing, redtomato.com.my or any of its content, or engaging in similar
activities. If you would like to deep link to or frame redtomato.com.my, or any of
its content, you must request permission from us by completing our downloadable
deep linking / framing request form (PDF) and send it back to us via email.
U.5 We may by notice to you and without assigning any reasons thereof revoke any
prior permission granted to you under this Section V to link or deep link to or frame
the Home Page or any part thereof and you shall forthwith upon receipt of the
notice cease such linking or deep linking or framing.
Last updated on: 02 June 2004
Talent Plus Sdn Bhd (821350-K)
Desa Business Park,
Taman Desa 58100 Kuala Lumpur.