TRADING TERMS AND CONDITIONS

1. These terms and conditions shall apply to all contracts including for advertisements, listing services, publication services, directory services, internet based publishing services, and any other services made available in the future (hereinafter referred to as “the Service”) by Trinity42 Digital Sdn. Bhd. which has a principal office at A-03-01, Sunway Geo Avenue, Jalan Lagoon Selatan, Bandar Sunway, 47500, Subang Jaya, Selangor Darul Ehsan (hereinafter referred to as ‘the Company’) to the Advertiser (which its details stated overleaf) in addition to any other terms found in the Company’s trading documents and business. If the Advertiser fails to make any payment on the due date for the Service, without prejudice to any of the Company’s rights, the Company may suspend or terminate this agreement with a notice and demand for immediate payment of the outstanding amount from the Advertiser. The Advertiser shall pay the Company interest at the rate of 18% per annum on overdue invoices for the outstanding payments after the due date until the date of full payment of the outstanding sum.
2. All offers from the Company such as rebates, promotional pricing, discounts, gifts, or incentives for the Service shall be null and void automatically in the event the Advertiser fails to pay for the Service in accordance with the payment term stated overleaf for within the credit term
3. All other understandings, representations, verbal / written agreements, warranty, or assurances from any of the sales/marketing personnel of the Company are expressly excluded unless the same are given/made by a Director of the Company in writing. The Advertiser shall secure a written notice from the Company’s Director on any variation of the terms and conditions herein contained in order to be binding on the Company.
4. It shall be the duty of the Advertiser to pay for the Service at the Company’s principal place.
5. The Advertiser acknowledges the Company may at any time decline or terminate the Service without assigning any reasons whatsoever. In such event, the Advertiser agrees that both parties shall be mutually discharged from their obligations for the Service provided that the Company makes a refund (without interest) of the monies paid by the Advertiser on pro rata basis against the extent of the Service rendered by the Company at the time of termination. Thereafter neither party shall have any claims against each other for whatsoever losses (if any). 
6. The parties agree the Company need not produce any proof of listing or publication for the purpose of payment for the Service. In the event a proof is requested, the Company shall only furnish a weblink where the Advertiser’s info is listed or certified true copy of the relevant page(s) in the directory listing or publication that contained the Service or advertisement of the Advertiser. The certification shall be done by a manager of the Company and shall be conclusive proof of the Service that has been rendered to the Advertiser.
7. The parties hereby agree whilst reasonable effort is taken by the Company to ensure accuracy of the Service, it shall not guarantee the Service shall be free from any error or omission. The Company shall not be liable for any error or omission howsoever caused. The parties agree it is impossible to reproduce any images, logos, designs or other materials given by the Advertiser to be incorporated into the Service to the exact colour, texture and other features of such images, logos, design or other materials and the Advertiser hereby agrees to variations of colour, texture and general appearance of images, logos, design or other materials. 
8. The Advertiser hereby expressly represents all images, logos, design and other materials given to the Company for the Service belongs to the Advertiser or the Advertiser has properly secured a license from the lawful owner of such material for the Advertiser’s use. In the event of a possible claim, demand or legal suit from a third party against the Company for infringement of intellectual property, the Advertiser shall indemnify the Company to the fullest extent. The Advertiser agrees the Company need not enquire with the Advertiser as to the ownership of the materials submitted to the Company by the Advertiser.
9. Prior to the publication of any advertisement, website or listing, the Company shall forward to the Advertiser a draft copy of the advertisement, web content or listing (hereinafter referred to as “the Artwork”) via fax or email or ordinary postage to the last known address of the Advertiser, for an approval. In the event the Company did not receive any response or any proposed amendments or correction to the Artwork from the Advertiser within the stipulated time stated in the Artwork, the Advertiser shall be deemed to have verified and approved the content and the form of the Artwork. Thereafter, the Company shall proceed for publication or listing. The Company shall allow any amendments to the Artwork after expiration of the stipulated time for the Advertiser’s approval subject to payment of any charges as the Company may impose against the Advertiser.
10. The parties hereby agree the Company shall at its own discretion determine the position and location of the Advertiser’s information within the directory or the advertisement or listing. In addition, the Company may at its own cost and expenses publish or list the Advertiser’s information, data and the Service with another medium or web portal of which not agreed by the parties and the Advertiser hereby consents to such act.
11. The parties hereby agree this contract shall be subjected to a cooling off period of seven (7) days from the date of this contract. Within the cooling off period, the Advertiser shall be entitled to terminate the contract and the Company shall make a full refund provided the Advertiser has notified the Company via a written notice specifying the details of the contract to be terminated. In the event the Advertiser terminates the contract after the cooling off period, the Advertiser shall pay the Company fifty per cent (50%) of the contract sum as agreed liquidated damages. 
12. The parties agree the Company may delay the Service for any reason whatsoever and the Advertiser shall not be entitled to a claim against the Company for such delay.
13. The Company shall be under no liability whatsoever to the Advertiser for any direct or indirect loss and/or expense (including loss of profit) suffered by the Advertiser howsoever. 
14. The terms and conditions herein contained and any other terms and conditions of the Company shall be the whole terms and conditions and the parties agree this agreement shall be governed by the laws of Malaysia and the parties agree to submit to the jurisdiction of the Malaysian Courts.
15. These terms and conditions between the Company and the Advertiser shall be deemed to have been made and executed at the Company’s office stated in Clause 1 above (or at any other address where the Company’s principal office is situated at the commencement of a legal suit) and legal proceedings shall be commenced within the local jurisdiction of the court where the Company’s principal office is located, irrespective of where the Advertiser may reside or where the transaction may have taken place.
16. The Company shall from time to time at its own discretion waive, alter, vary or add further terms and conditions as it thinks fit by issuing a written notice to the Advertiser. In such event, such terms and conditions shall be deemed to be part of these terms and conditions herein contained and the Advertiser hereby agrees to be bound by the same.
17. If any terms or provisions herein shall be declared illegal, invalid or unenforceable under any applicable law, it will not affect the legality, validity or enforceability of the remainder of these terms and conditions.
18. In the event of the Advertiser failing to perform or being in breach of any of the terms herein contained or any other Company’s terms governing the Service to the Advertiser or insolvent or committing of any act of bankruptcy, the amount payable to the Company shall immediately become due and payable forthwith whether such sum have been demanded or not. 
19. Time wherever stated shall be the essence of these terms and conditions and no failure to exercise and delay in exercising on the part of the Company of any right, power or privilege under these terms and conditions shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative of any rights or remedies provided by law.
20. The Advertiser agrees not to withhold payment or other amount due to the Company by reason of any right of set-off, claims or counterclaim which the Advertiser may have or alleged to have or for any other reasons whatever and the Advertiser hereby agree to waive and forebear such claims or defences against the Company’s claim in any legal proceeding. 
21. The Advertiser hereby agrees any amount certified by an employee of the Company as the sum outstanding from the Advertiser shall be conclusive proof as the sum owed by the Advertiser to the Company.
22. If any legal proceeding arising out of or connected with the Service is instituted by the Company that the process by which such proceedings are begun and other court documents which require service shall be deemed to have been sufficiently served if it is served on the Advertiser at the address stated in this document or at the last known address of the Advertiser via A.R. Registered Post. Any such documents so sent shall be conclusively deemed to have been received by the Advertiser 5 days after the date of such posting despite evidence to the contrary. Any other documents sent by the Company to the Advertiser shall be deemed to have been sufficiently sent if the same is sent via ordinary postage addressed to the Advertiser’s address stated in this form.
23. The Advertiser shall indemnify the Company on a ‘solicitor-client’ basis and on full indemnity basis for any legal action the Company may bring against the Advertiser.
24. The Advertise hereby agrees and acknowledges all information given to the company is true, accurate and verified information. The Advertiser hereby acknowledge to have waived any privacy protection accorded to the Advertiser’s personal data including credit information under the Personal Data Protection Act 2010 and Credit Reporting Agencies Act 2010 or similar laws. The Advertiser hereby grants explicit consent and authorisation to the Company to have unrestricted access to the Advertiser’s personal data and share such data with its related companies, business partners, service providers, credit reporting agencies and/or any third parties which the Company may deem fit. The Advertiser also hereby agrees the Company and its representative and lawyer to forward the Advertiser’s personal data of whatsoever nature including credit worthy, payment defaults and legal suits commenced by the Company to any third party upon a written request from such third party. 
25. The Advertiser hereby agrees to indemnify the Company against any actions brought by a third party in connection with the Advertiser’s personal data kept, used or shared by the Company with others.
26. The Advertiser hereby agreed to authorise the vendor to conduct all relevant credit assessment and checking.