Terms and Conditions

This E-services Portal (Residential & Commercial) (including any and all features and related services) (the “Portal”) is owned by Gas Malaysia Retail Services Sdn Bhd, a company registered in Malaysia, and includes its successors-in-title and assigns (“GMRS”).

Please read and understand these Terms and Conditions as they apply to the Customer’s access and use of the Portal whether as a guest or a registered user and to any information, documents, text, graphics, photos and/or other materials uploaded, downloaded or appearing on the Portal.

YOUR ACCESS TO AND USE OF THE PORTAL SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR, ACCESS OR USE THE PORTAL. If you have any questions on these Terms and Conditions, please contact gmrspdpa@gasmalaysia.com.

1.0 DEFINITIONS

1.1 Except where the context otherwise requires or unless these Terms and Conditions otherwise provide, all defined words and expressions used or referred to herein shall bear the same meaning as defined in the Liquefied Petroleum Gas Service Agreement, Gas Supply Agreement and/or Metered Services Agreement.

2.0 USE OF THE PORTAL

2.1 The Portal is provided to you for your access and use subject to these Terms and Conditions. By accessing and using the Portal and the services herein, you agree to be bound by these Terms and Conditions. You are also responsible for ensuring that all persons who access or use the Portal on your behalf or as authorised by yourself are aware of these Terms and Conditions, and that they are required to comply with them.

2.2 Your use of the Portal is limited to its contemplated functionality. In no event may the Portal be used in a manner that: harasses, abuses, threatens, defames or otherwise infringes upon the rights of any other party, including, but not limited to intellectual property rights; is unlawful, fraudulent or deceptive; uses technology or any other means to gain unauthorised access to any part of the Portal or GMRS’s (and/or its group of companies) computer networks or user accounts; or uses, attempts to use or otherwise introduces automated processes bots, spiders, screen scrapers, viruses, malware, adware or any other software or computer code that interrupts, destroys, limits, or surreptitiously monitors software, hardware or electronic communications.

2.3 GMRS has the right (but not the obligation) to monitor the Portal for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to the Customer, and GMRS may at any time revoke the Customer’s right to use all or any part of the Portal. GMRS may investigate any complaint regarding or suspected violation of these Terms and Conditions and may report any activity relating to this Portal to regulators, law enforcement officials or other persons or entities that it deems appropriate.

2.4 We do not guarantee that the Portal will be compatible with all hardware and software which you may use. We shall not be liable for any damage to, viruses or other codes that may affect, any computer or communication devices, software, data or other property as a result of your access to or use of the Portal.

3.0 EXECUTION BY ELECTRONIC SIGNATURE AND DIGITAL SIGNATURE

3.1 All documents, whether the Liquefied Petroleum Gas Service Agreement, Gas Supply Agreement or Metered Services Agreement, which are required to be made by the Customers to GMRS, shall be signed by the Customer’s authorised representative(s) either by using electronic signature(s) or digital signature(s) issued or certified by a certification authority recognised by GMRS, unless GMRS otherwise agrees for such document(s) to be signed via wet-ink signatures.

3.2 Any references to certification required for any particular documents as herein stipulated shall mean the certification of documents by use of digital signatures under the Digital Signature Act 1997 as may be amended from time to time.

3.3 Such documents or communications (including copies thereof) that are electronically or digitally signed under the provisions of the Electronic Commerce Act 2006, the Digital Signature Act 1997 and/or any other applicable laws of Malaysia in force at the time of execution and continuing therefrom, shall be deemed to be written original documents with all attending rights and liabilities under the law attaching to written original documents.

3.4 The Customer consents to receiving documents or communications from GMRS electronically and the Customer agrees to GMRS's use of electronic documents or communications to enter into agreements and communicate with the Customer in accordance with the Electronic Commerce Act 2006 and/or the Digital Signatures Act 1997.

4.0 COMPLIANCE

4.1 The Customer shall and shall procure that its directors and employees (if applicable) for purposes of the usage of this Portal, observe, comply with and be bound by these Terms and Conditions and all laws, rules and regulations applicable directly or indirectly in relation to the usage of this Portal.

4.0 COMPLIANCE

5.0 CONTINGENCY USE OF PHYSICAL DOCUMENTS

5.1 In the event of any failure or glitches in the Portal, GMRS shall prescribe such contingency measures for the use of physical documents (whether Liquefied Petroleum Gas Service Agreement, Gas Supply Agreement or Metered Services Agreement), with other necessary procedures including communications and handling of the physical documents, which shall be fully complied with by the Customer until such time as GMRS may declare that the use of the Portal has been restored and upon which the communication and handling of documents shall revert to the use of the Portal.

6.0 INFORMATION AND DATA

6.1 GMRS processes information and data about the Customer in accordance with the Privacy Policy accessible at the Portal By using the Portal, the Customer consents to such processing and warrant that all information submitted to GMRS, whether via the Portal or otherwise, is true accurate, complete and is not misleading by omission or otherwise. In the event of any change to the information provided to GMRS, the Customer must inform GMRS immediately of such change in order for GMRS to communicate with the Customer effectively.

6.2 Save and except for information or data which personally identifies the Customer, including its directors, employees, contractors and agents, all information or data submitted to GMRS via the Portal shall be deemed and remain the property of GMRS.

7.0 DISCLAIMER

7.1 Save to the extent otherwise provided under applicable law, the Portal and its contents are provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranties for uptime or uninterrupted access, merchantable quality, fitness for a particular purpose, non-infringement of third-party rights, security and freedom from viruses or malware.

8.0 LIABILITY AND INDEMNITY

8.1 The Customer hereby irrevocably agrees to fully indemnify, keep indemnified, defend and hold GMRS (including directors, employees, contractors and agents, and any other representatives) harmless against all damages, losses, liabilities, claims, expenses and costs, including any legal costs and disbursements that may be incurred by GMRS, whether directly or indirectly, in connection with or arising from:

(a) the Customer’s use or misuse of the Portal and the services provided herein;

(b) as a result of the Customer’s breach of any of the Terms and Conditions howsoever occasioned;

(d) any intellectual property right or proprietary right infringement, breach of confidentiality or personal data infringement claim made by a third party against GMRS in connection with your use of this Portal.

8.2 GMRS shall not be liable to the Customer or any other persons for any damage or loss suffered howsoever arising whether in contract tort, negligence, strict liability or any other basis, including without limitation to all direct, indirect, special, punitive or consequential damages, economic loss, loss of profits or savings, or loss of opportunity) arising from any interruption or unavailability of this Portal, the services herein and/or the content herein and/or the Customer’s access or use of the Portal, to the fullest extent permitted by law.

9.0 INTELLECTUAL PROPERTY

9.1 Unless otherwise indicated, the trademarks and copyright in this Portal and its contents, including but not limited to, the text, images, graphics, sound files, animation files, video files, and their arrangement belong to GMRS or the respective third-party proprietor as identified in the Portal and are protected by applicable Malaysian copyright laws.

9.2 The content of the Portal may be retrieved for the purpose of display on a computer screen or communication device screen (or equivalent thereof), for storage of such content in electronic form, download or print copies of such content, provided all and any copyright and proprietary notices are kept intact.

9.3 The Customer may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Portal without written permission from GMRS.

10.0 CONFIDENTIALITY

10.1 All communications, information, materials and documents published by GMRS on the Portal shall constitute as confidential information and the Customer shall not at any time without the prior written consent of GMRS utilise, copy, employ, use or disclose to any third party the confidential information published by GMRS on the Portal.

11.0 AMENDMENTS

11.1 We reserve the right and discretion to make amendments or update these Terms and Conditions, information, material, functions and content provided within this Portal from time to time.

11.2 Any changes will be notified to you via the contact information provided by you on registration or via an announcement on the Portal. The changes will apply to the use of the Portal after we have given you the notice.

12.0 TERMINATION

12.1 We reserve the right to terminate and/or suspend your access to the Portal and/or your registered account at any time, for any reason. In particular, and without limitation, we may terminate and/or suspend your account should you violate any of these Terms and Conditions, or violate the rights of GMRS, other users of the Portal, or third parties.

13.0 DISPUTE RESOLUTION AND APPLICABLE LAW

13.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malaysia.

13.2 All issues or complaints arising out of, or in connection with these Terms and Conditions shall be first settled amicably in good faith by negotiations of the parties.

13.3 If such issues or complaints between the Customer and GMRS remain unresolved within forty-five (45) days from the issuance of a notice of dispute by any party to the other, the parties irrevocably submit the said dispute to the exclusive jurisdiction of the Courts of Malaysia to settle such dispute.

14.0 POSTINGS BY THIRD PARTY AND HYPERLINKS TO THIRD PARTY WEBSITE

14.1 The Portal may contain third party content, promotion, product and/or service supplied by third party, or hyperlinks to other websites which are neither maintained nor controlled by us (“Third Party Property”). Third Party Property is provided to you as a matter of convenience only.

14.2 Any dealings with such third party via the Third Party Property are solely between you and such third party. Before you transact with such third party via the Third Party Property, we encourage you to read the third party’s terms and conditions carefully including their privacy policy.

14.3 Where any part of the service herein includes provision of third party services and/or software, you agree that the use of such third party services and/or software is subject to such third party terms and conditions. You must ensure you comply strictly with the terms and conditions of the third party and does not diminish our rights in any circumstances. In addition to any of other rights we mentioned in these Terms and Conditions, you agree to indemnify, defend and hold us harmless from any losses and threatened losses arising from and in connection with, or based on any allegation of (a) any claim from third party resulting from any of your act, omission and/or negligence, or (b) any other claim arising out of or related to your breach of such third party terms and conditions, whether directly or indirectly.

15.0 MISCELLANEOUS

15.1 The Customer may not transfer any of its rights or obligations under these Terms and Conditions to any other person. GMRS may transfer its rights under these Terms and Conditions to another entity where GMRS reasonably believes the Customer’s rights will not be affected or where otherwise permitted by law.

15.2 If the Customer breaches any of these Terms and Conditions, no failure or delay by GMRS to exercise any right or remedy provided under these Terms and Conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

I have read and agreed to the Terms and Conditions governing the web portal.