Terms and Conditions Notice - Gamuda Australia

Website Terms and Conditions

Introduction

Welcome to the terms and conditions page for this website.

This website www.gamuda.com.au is operated by Gamuda (Australia) Branch (ABN 27 632 738 768).

By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms and conditions, please don’t use or access this Website. Gamuda Australia may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

Intellectual property rights

Gamuda Australia and its licensors own the intellectual property rights (including copyright and trade marks) in respect of this Website and its contents. You must not copy, modify, transmit or adapt this Website or its contents or otherwise infringe the intellectual property rights of Gamuda Australia or its licensors without Gamuda Australia’s prior written consent.

If you post any content on this Website, you grant Gamuda Australia a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on this Website and that it does not infringe any third party’s intellectual property rights.

Your use of this Website

Prohibited Uses

In addition to other prohibitions in these Website terms and conditions, you are prohibited from using the Website or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or cause harm, distress or loss to any person;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Website or any software or hardware used in connection with this Website, any related website, other websites, or the internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.

Links

This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of Gamuda Australia and Gamuda Australia is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

During your use of this Website, Gamuda Australia may issue and request cookies to and from your computer or mobile device. By using this Website you authorise Gamuda Australia to issue and request such cookies.

Privacy

All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by Gamuda Australia according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to Gamuda Australia dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies we publish on this Website from time to time.

Warranties and limitations

To the extent permitted by law:

all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. Gamuda Australia does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;
Gamuda Australia does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
Gamuda Australia does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;
Gamuda Australia does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and
this Website and its contents are provided on an “as is” basis without any warranties of any kind. Gamuda Australia may change this Website or limit or terminate your access to this Website at any time without notice.

Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If Gamuda Australia breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if Gamuda Australia is allowed to limit its liability for that breach under the relevant law, Gamuda Australia’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Gamuda Australia’s option).

Gamuda Australia makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Limitation of liability

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Gamuda Australia will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold Gamuda Australia and its affiliated companies harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by Gamuda Australia in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

Applicable law

By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

These terms and conditions were last updated in September 2020.

Terms And Conditions Of Use

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and to be bound by the terms and conditions as set out below. In addition to this terms and conditions, you hereby agree to comply with any other terms, conditions, policies, dos and don'ts of the website as may be determined by the Company from time to time.

The term "Company" or "us" or "we" or "our" refers to Gamuda Berhad, its subsidiaries, associates, jointly controlled entities and affiliates (including but not limited to Gamuda Group of Companies and Gamuda Group of Companies’ associates, jointly controlled entities, affiliates (collectively, "Group").

To ensure the smooth flow of services, we would like to remind you that our products and services are strictly enforced by prevailing terms, conditions, rules or regulations of the necessary agreement governing their use and applications. Please be reminded to read this terms and conditions together with such prevailing terms, conditions, rules or regulations which may affect the usage and/or eventual outcome of events/actions. Should there be any conflict whatsoever, the prevailing terms, conditions, rules or regulations applicable to the specific products or services shall prevail.

Disclaimer/Limitation Of Liability

The Company shall not be liable or responsible to keep the website virus/bug/ransomware/trojan/work/malware/spyware free or safe and you agree and confirm to use the website solely at your own risk and expense.

You agree and confirm that the Company:-

does not provide any express or implied warranties such as implied warranties terms or representations of merchantability, fitness for a particular purpose and non-infringement. The Company does not provide any guarantee that this website will always be available, uninterrupted, complete, accurate, reliable, timely, safe, secure or error-free, or that this website will always function without disruptions, delays or imperfections, or are free of all defects, errors, viruses or bugs; and/or
is not liable for any failure or delay to perform the Company’s obligations under this terms and conditions where the failure is due to anything beyond the Company’s control (for example, acts of God, natural disasters, fires, floods, acts of terror, malicious damage, compliance with any law or governmental order or mechanical, electronic or communications failures or degradations).

Without limiting the generality of any disclaimer in this terms and conditions, you agree that this website is provided “as is” and “as available” and the Company is not obligated in any way whatsoever to correct errors, correct the effects of errors or provide any technical support.

Any use of any information or materials on this website is entirely at your own risk, for which the Company shall not be liable. It shall be your own responsibility to ensure that any materials or information available through this website meets your specific requirements. Please make it your personal responsibility to verify any information available herein. We suggest that you seek independent professional advice before making any form of decision based on information obtained from this website.

You hereby irrevocably and unconditionally release the Company, the Company’s directors, employees, agents and servants from any claims and damages, known and unknown, arising out of or in any way connected with any claim that you may have under this terms and conditions including but not limited to any claim against any third parties.

The Company shall not be liable to you for any loss of profits or other consequential, special, indirect or incidental damages howsoever arising in any way whatsoever out of or in connection with this terms and conditions and/or this website.

The Company reserves the right to seek all remedies available legally and in equity for violations of this terms and conditions.

Intellectual Property

This website belongs to the Company. The copyright to the contents of this website is owned by or licensed to the Company excluding those intellectual property rights of vendors or alliances who have authorized the Company with the necessary usage and reproductions of the content of this website. This website is intended for personal use, quick reference, illustration and information purposes only and may not be copied, redistributed or published in any manner without the written permission of the Company.

Any unauthorised use of any part of this website is strictly prohibited. You may not copy, modify, publish, or transmit any of the content herein in whole or in part for commercial purposes without the express written permission of the Company - which if granted, would only be extended to our own materials.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belongs to the Company excluding those intellectual property rights of vendors or alliances who have authorized the Company with the necessary usage and reproductions of the content of this website. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Any use/misuse of the Trademarks displayed on this website, or any other content on this website, except as provided in these terms and conditions, is strictly prohibited. The Company reserves the rights to bring any action arising from the improper or unauthorised use of this website, including any action for infringement of its trademarks and other intellectual property rights.

Use

In this terms and conditions, "Your Content" means the content, materials and information, including, without limitation, information, audio recordings, photographs, videos, documents or other materials that the you create, send, submit, upload, publish, display, link or customise, store or transmit in connection with this website.

In using our website, you agree and confirm:-

that you have all necessary rights (including intellectual property rights) to share, distribute, publish and make available Your Content and Your Content will not infringe upon the rights of any third party (including the Company);
not to post content that is illegal, seditious, racist or harmful in nature;
the Company shall not be liable or responsible in any way whatsoever in respect of Your Content or information that you may transmit or share including but not limited that the Company is not liable or responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that you may encounter. The Company is not responsible for the conduct, whether online or offline, of any users of our website;
the Company may deploy automated technologies to detect anything that may harm our website or users or others and the Company reserves the right disclaim any obligation to edit, suspend access to, limit distribution of or remove any of Your Content that the Company determines to be in violation of this terms and conditions; and
that you shall not upload, post, host or transmit unsolicited email, spam messages, worms or viruses or any code of a destructive nature.

You may print, copy and download any content from this website solely for your personal use. You shall not in any way whatsoever alter, copy, distribute, transmit, display, perform, reproduce, publish and/or use for commercial purposes in whole or any part of this website's content without the Company’s prior written consent.

The contents in this website shall not be construed as any inducement, offer and/or confirmation by the Company for you to proceed with any transaction. You shall conduct your own prior checks and due diligence. The specific contents of this website shall only be deemed correct if confirmed in writing by the Company to you.

Indemnity

You shall indemnify and keep the Company indemnified against all claims, damages, actions and proceedings made or brought against the Company arising from your use of this website and/or any breach of terms in relation thereto by you.

Third-Party Websites Etc

This website may contain link(s) to third-party websites/portal/gateway. This does not imply the Company’s endorsement of any website/portal/gateway, and the Company is not responsible for the actions, content, information or data of third-party websites/portal/gateway or actions or any link(s) contained in them, or any changes or updates to them. Third-party websites/portal/gateway will likely provide their own terms and conditions of use and privacy policies that may apply to you.

Any link(s) to any other websites/portal/gateway are provided as a convenience to you and shall not be construed in any way whatsoever as an endorsement or verification of such websites/portal/gateway and shall be accessed at your own risk.

Third-party websites/portal/gateway are not under the Company's control, and as such the Company shall not be held responsible nor liable for any damage or injury howsoever arising therefrom.

Link(s) to other companies within the Group are subjected to similar degree of disclaimer.

Variation/Changes

The Company reserves the right to change, vary or modify any of the information and terms contained herein and on this website at any time without notice.

Termination Or Suspension

The Company reserves the right to bar any individual, company or group from the use or access to this website.

Termination of access can be executed permanently or over a period of time, in part or in whole, depending on the Company's discretion, at any time without any prior notice or reason. You agree to accept the Company's decision as final and binding.

Feedback

You hereby irrevocably and unconditionally assign to the Company all rights, titles and interests in and to any feedback, suggestions, questions, proposals, ideas, inventions, concepts, techniques and/or know-how that you may give the Company regarding the website or any of the Company's businesses without any right to compensation from the Company.

Waiver

No failure on the part of the Company to exercise any power, right or remedy under this terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any power, right or remedy preclude any other or further exercise thereof or the exercise of any power, right or remedy. The remedies provided in this terms and conditions are cumulative and are not exclusive of any remedy provided by law.

Severability

If any term covenant or condition of this terms and conditions or application thereof to you or the Company shall be or become invalid or unenforceable, the remaining terms, covenants or conditions shall not be affected thereby and each remaining term, covenant or condition of this terms and conditions shall be valid and enforceable to the fullest extent permitted by law.

Privacy Notice

You have fully read and understood the privacy notice set out in this website and you hereby agree and consent to the Company to use your personal data in accordance with the terms and conditions set out in the privacy notice.

Governing Law And Jurisdiction

The parties agree that the laws of Malaysia for the time being in force shall be the governing laws in respect of any disputes pertaining to this terms and conditionsand the parties further agree to submit to the non-exclusive jurisdiction of the courts in Malaysia.