Who We Are
BFC Exchange Malaysia Sdn. Bhd, a company duly incorporated and registered pursuant to the laws of Malaysia with Registered Office at 6th Floor, Wisma Maran, 28 Medan Pasar, 50050 Kuala Lumpur, Malaysia.
Use of the Website
YOU UNDERSTAND THAT YOUR USE OF THE BFC APPLICATIONS OR SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING BFC APPLICATIONS) IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH THE BFC APPLICATIONS ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. BFC DOES NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY, IN EACH CASE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE BFC APPLICATIONS OR THEIR CONTENT. IN PARTICULAR, EXCEPT AS PROVIDED IN THESE TOU, BFC HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FREEDOM FROM VIRUSES OR TIMELINESS OR ACCURACY OF THE CONTENT OR SERVICES CONTAINED ON THE BFC APPLICATIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT BFC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE BFC APPLICATIONS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TOU OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE BFC APPLICATIONS OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE BFC APPLICATIONS. THESE WARRANTY DISCLAIMERS WILL NOT APPLY IF AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH WARRANTIES NOT WITHSTANDING THIS EXPRESS DISCLAIMER.
Limitation of Liability
Subject to applicable law, use of this website and its content is at your sole risk. In no event will BFC be liable to any party for any direct, indirect, incidental, special, exemplary, punitive or other consequential damage for any use of this website, any hyper linked web site, whether based on negligence, strict liability or otherwise, that arises out of or is in any way connected with:
- any use of, browsing or downloading of any part of our website or content, or
- any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if BFC has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless BFC, its owners, employees, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BFC, its owners, employees, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the customer pursuant to this agreement.
Privacy and Security
Services and Content
BFC will use reasonable commercial efforts to keep BFC Applications available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. BFC does not promise that access to the BFC Applications will be uninterrupted or available at all times. BFC assumes no liability or responsibility for any delay, interruption or downtime.
Although BFC makes every effort to ensure that the description and content on each page of the BFC Applications is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein.
BFC makes reasonable attempts to exclude viruses from the website, but cannot make any guarantee that the BFC Applications will be at all times free from viruses or other destructive software. For your own protection, you are urged to take appropriate safeguards before downloading information from the BFC Applications. We assume no responsibility for any damages to computer equipment or other property that may result from use of the BFC Applications or downloading anything from the BFC Applications.
This BFC Applications are the sole and exclusive property of BFC. BFC retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the BFC Applications. The BFC Applications are protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of any of the BFC Applications may violate such laws.
BFC and all other marks that appear, are displayed, or used on the website are registered or common law trademarks or service marks of BFC. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from BFC. Nothing contained on the BFC Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the BFC Applications without the written permission of BFC. Your misuse of the trademarks displayed on the Site is strictly prohibited and BFC will enforce its trademark rights to the fullest extent of the law.
Your Comments and Submissions
Any “communications or materials” you transmit to BFC, through the BFC Applications, by electronic mail or otherwise, including any data, question, comments, suggestion, idea, or the like will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the site any communications or materials, you grant BFC, and all users of the BFC Applications, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such communications or materials in any form, media or technology. We assume no responsibility for any communications or materials posted or submitted, or for the return or such communications or materials.
Terms and Conditions
BFC has no obligation to monitor the services. However, BFC reserves the right to review materials posted and to remove any materials in its sole discretion. BFC may cease to operate the BFC Applications and reserves the right to terminate your access and use of any part of the BFC Applications or any Service at any time without notice for any reason, subject to the rights you have under these TOU.
BFC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BFC’s sole discretion.
Restrictions on Use
You are authorized to view, copy and print the materials appearing on BFC Applications, subject to the following:
- You may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content for public or commercial purposes, without the express written consent of BFC authorizing use for such purpose(s).
- Any copy of these materials or any portion thereof must include the copyright notice.
- You agree that you will not use this site to violate any laws, or conduct any other activity that gives rise to some liability or otherwise harm the goodwill associated with our trademarks.
- The materials may be used for internal informational and non-commercial purposes only.
- You may not use this site or any related services for any purpose that is unlawful or prohibited by these TOU.
- You will not use the BFC Applications or related services for chain letters, junk mail, spamming or to engage in illegal activities.
- You may not use any device, software or action, including but not limited to, bots, spiders, viruses, worms or time bombs, designed to damage or otherwise interfere with the site or to intercept or expropriate any system, data or personal information contained at the BFC Applications.
Any use of BFC Applications provided by BFC is subject to these TOU. We may, at any time, with immediate effect, change, suspend or withdraw the BFC Applications, the Service and these TOU without notice and without liability to you. We request you to regularly review these TOU. If we revise these TOU, we will post the revised version on the Website.
Links to Other Sites
Links to third-party websites may be included on the BFC Applications and are provided solely as a convenience to our customers. BFC has no control over the content on such third-party websites. BFC does not endorse, make any representation or take any responsibility for such sites or the content on such sites. You are responsible for complying with the terms of those sites. BFC makes no warranties, either express or implied, relating to the content of such sites and shall have no liability relating to or arising from such sites. The use of any third-party website is completely at your own risk. Under no circumstance will BFC be liable for any loss or damage caused by your reliance on information obtained through a linked website, or your reliance on any product or service obtained from a linked website.
If you have any questions or concerns about these YOU or if you need further assistance with respect to access to or use of the BFC Applications or the services offered by BFC, you may contact our Customer Service department, the information of which is provided in the customer service section of the Website.
Governing Law and Jurisdiction
These TOU, and BFC Policies incorporated herein, are the entire agreement between you and BFC. They supersede any and all prior or contemporaneous agreements between you and BFC relating to your use of the BFC Applications or the Services. BFC may assign these TOU, in whole or in part, at any time. If any part of these TOU is determined to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect. Headings in the TOU are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of BFC to partially or fully exercise any rights or the waiver of BFC of any breach of these TOU by you, shall not prevent a subsequent exercise of such right by BFC or be deemed a waiver by BFC of any subsequent breach by you of the same or any other term of these TOU. The rights and remedies of BFC under these TOU and any other applicable agreement between you and BFC shall be cumulative, and the exercise of any such right or remedy shall not limit BFC’s right to exercise any other right or remedy.