Introduction

1. This website, portal or digital platform (including such services as may be made available on and/or through this website, portal or digital platform, www.dgmnetwork.com) (“Website/Digital Platform”) is owned and operated by Digital Global Markets Network Sdn. Bhd. (“DGMnetwork”) and its approved third-party vendors. Your access and/or use of this Website/Digital Platform are governed by these Terms and Conditions including any amendments thereto which DGMnetwork, at its sole discretion, may make from time to time (collectively referred to as the “Terms and Conditions”). DGMnetwork has the right at any time, to change or discontinue any aspect or feature of this Website/Digital Platform, including but not limited to the content and availability. Information, data and materials relating to Global Market dealings and businesses contributed by Registered Users are referred to as “Content”. You are advised to refer to the Terms and Conditions each time you access and/or use this Website/Digital Platform to ascertain and understand any deletion, modifications, variations and/or additions that may be made to the Terms and Conditions from time to time and you shall be deemed to have agreed to and accepted the Terms and Conditions, including such deletions, modifications, variations and/or additions each time you access and/or use this Website/Digital Platform.

Disclaimer

2. Some of the services of DGMnetwork are subject to other applicable terms and conditions governing the provision of such services. These Terms and Conditions are meant to govern your access and/or use of this Website/Digital Platform and are to be read together with the applicable terms and conditions governing any transactions, products and/or services provided by DGMnetwork. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transactions, products and/or services, the latter shall prevail.

  • accuracy, suitability, completeness or timeliness of use for any purpose whatsoever of such Content;
  • accuracy or reliability of any of the sources from which such Content are derived (whether credited or otherwise);
  • title, merchantability or fitness for particular purpose of any product or service listed on or directed to by this Website/Digital Platform;
  • non-infringement of intellectual property rights of any third party; or
  • confidentiality of any information disclosed to any party, person or entity listed on or directed to by this Website/Digital Platform.

3. For the avoidance of doubt, DGMnetwork hereby expressly disclaims any and all liability of any nature and does not provide any warranties, express or implied for any loss or damage howsoever caused in connection with or arising from the browsing, downloading, uploading or the use of, reliance on or inability to use any of the Content of this Website/Digital Platform, or from any action or decision taken as a result the browsing, downloading, uploading or the use of or reliance on any of the Content of this Website/Digital Platform.

4. You acknowledge and agree that DGMnetwork, its officers, directors, employees, affiliates and agents, or any of them, shall in no event or in any manner be liable to any user of this Website/Digital Platform for any damages or losses of any kind or nature, including, but not limited to, direct, incidental or consequential damages, loss of income, loss of profit or anticipated profit, loss of goodwill or reputation, arising out of the use of, access to or any manner connected with this Website/Digital Platform, it’s Content, material or services even if DGMnetwork, its officers, directors, employees, affiliates and agents, as the case may be, has been advised of the possibility of such damages resulting from use of, access to or any manner connected with this Website/Digital Platform, its Content, material or services. Nothing in this Terms and Conditions shall limit our liability or the liability of our officers, directors, employees, affiliates and agents as the case may be for death or personal injury resulting from our or their negligence.

Cookie/Tracking Technology

5. This Website/Digital Platform may use cookie and other tracking technologies depending on the features offered. Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. The cookies used in this Website/Digital Platform will not identify the IP address and individual user.

Privacy Policy

6. DGMnetwork’s Privacy Policy sets out the general terms regarding the manner in which personal data is processed by DGMnetwork. If you provide personal data to DGMnetwork by accessing and/or using this Website/Digital Platform, you are deemed to have consented to the processing of the personal data by DGMnetwork in the manner set out in the Privacy Policy.

Indemnity

7. By using and/or accessing this Website/Digital Platform, you agree to indemnify, defend and hold DGMnetwork, its officers, directors, employees, vendors, affiliates and agents harmless of and from any claims, suits, proceedings, demands, damages, costs or expenses (including, but not limited to, reasonable attorney’s fees and costs (including expert witness costs and other costs of any such suit or proceeding), and liabilities of any kind or nature, arising out of or related to a violation of these Terms and Conditions, any Content that you use, post or transmit through this Website/Digital Platform, your conduct on the Website/Digital Platform or violation of any rights of any third party (including, but not limited to, any assertions of infringement of intellectual property rights.)

User Conduct

8. You shall use this Website/Digital Platform for lawful purposes only. In this regard, you further acknowledge and agree not to:

  • upload, post, publish, e-mail, reproduce, link directly or indirectly, distribute or otherwise transmit any Content that is inaccurate or unlawful;
  • impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that is not yours or which you do not have any right, whether legally, contractually or through a fiduciary relationship or otherwise, to the said content;
  • upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
  • act in any manner that negatively affects other users’ ability to engage in this Website/Digital Platform or use any of the services herein
  • engage in any activity that is contrary to or which would adversely affect the purpose or intention of this Website/Digital Platform;
  • engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies or regulations of any of the servers or networks connected to this Website/Digital Platform;
  • intentionally, in a negligent manner or innocently violate any applicable local, state, national or international law currently in force (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or otherwise create any liability for DGMnetwork or its affiliates; and
  • shall not undertake any scheme to undermine the integrity of the computer systems or networks used by DGMnetwork and/or any other user and you shall not attempt to gain unauthorized access to such computer systems or networks.

Control And Monitoring

9. You acknowledge and agree that, where any material in any form or manner is created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by any third-party user, DGMnetwork will not pre-screen, control, monitor, guarantee, review or edit any such material. However, DGMnetwork has the discretion, for any reason whatsoever and without providing any reason, to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if DGMnetwork is of the opinion that such material is in breach of the spirit of any of the Terms and Conditions or is undesirable, inaccurate or untrue.

Copyright

10. Unless otherwise stated, all content other than the Content contributed by Registered Users within this Website/Digital Platform including but not limited to, the rights to the look and feel of this Website/Digital Platform, any headers and titles, text, graphics, images, audio and video clips, software, title, logo, trademark, marks, patents and legend or any other proprietary rights are either owned by DGMnetwork or have been licensed to DGMnetwork by the respective owners of those rights for use in the Website/Digital Platform and are protected in accordance with the applicable intellectual property laws. You hereby acknowledge and agree that DGMnetwork shall have the exclusive rights conferred to it under law and shall be entitled to institute any legal action or proceedings for any infringement, breach or default of its rights. 11. You hereby agree that DGMnetwork shall be indemnified for any damages, costs of solicitors and any interest charged for the defense of DGMnetwork, its affiliates, directors, officers, employees, agents, successors or assignees, against any other individual or entity arising from your violation of any of the Terms and Conditions.

Linked Sites

12. This Website/Digital Platform may contain links to third party websites. You acknowledge and agree that DGMnetwork will not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites you access to since DGMnetwork does not review, control or examine the content of the third party websites. Further, DGMnetwork’s linking to such third party websites or posting of materials or advertising of such third party websites is not an endorsement of or representation concerning these third party websites, materials, products or services. All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties. You are hereby advised to read the terms and conditions and any policy that governs the particular third party website. DGMnetwork has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from this Website/Digital Platform. You may only link another website to this Website/Digital Platform with DGMnetwork’s prior permission. DGMnetwork’s agreement to link with any other website should not be interpreted or represented to be an endorsement by DGMnetwork of any product, position, entity or organization.

Registered Users

13. Usage of certain services in this Website/Digital Platform may require registration. In such case where registration is required, you are identified as a “Registered User” upon the completion of the applicable registration process and you shall agree as follows:

  • You shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account.
  • You shall be responsible for all uses and the content of your user account.
  • DGMnetwork reserves its right to suspend or terminate a Registered User’s account at any time.
  • DGMnetwork reserves the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason.

14. You hereby represent, warrant and agree to:

  • provide DGMnetwork with true, accurate, current and complete information to be displayed on this Website/Digital Platform; and
  • maintain and promptly amend all information to keep it true, accurate, current and complete.

15. You hereby represent, warrant and agree that you have obtained all necessary permissions for any material or information you posts on this Website/Digital Platform or provide to DGMnetwork or authorize DGMnetwork to display.

16. You hereby represent, warrant and agree that information which you have submitted to DGMnetwork for display on this Website/Digital Platform shall be in accordance with the User Conduct stated in this Terms and Conditions.

17. DGMnetwork reserves the right in its sole discretion to remove any material displayed on this Website/Digital Platform which it reasonably believes is inaccurate or unlawful, could subject DGMnetwork to liability, violates this Terms and Conditions or is otherwise found inappropriate in DGMnetwork’s sole and absolute discretion. DGMnetwork reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. You agree that DGMnetwork shall have no liability to you, including no liability for consequential or any other damages, in the event DGMnetwork takes any of the actions mentioned in this section, and that you agree to bear the risk that DGMnetwork may take in connection with any such actions.

Miscellaneous

18. DGMnetwork retains the right, at any time and without any notice or cause, to discontinue this Website/Digital Platform and any services made available on and/or through this Website/Digital Platform.

19. You acknowledge and agree that the laws of Malaysia shall govern the Terms and Conditions, and the courts of Malaysia shall have jurisdiction in connection to any claim and dispute involving DGMnetwork, its affiliates, directors, officers, employees, agents, successors or assignees. Users who choose to access this Website/Digital Platform from other locations other than Malaysia shall do so on their own initiative and are personally responsible to comply with all applicable local laws affecting or being applicable to the particular user.

20. If any of the provisions of these Terms and Conditions are deemed to be illegal, void or unenforceable for any reason, then such offending provision shall be deemed to be severed from these Terms and Conditions and the remaining unaffected Terms and Conditions shall remain in full force and effect. Any failure by DGMnetwork to enforce any Terms and Condition shall not be deemed to be a waiver of any right to enforce such Term and Condition in the future.