Definitions and Interpretations

"Customer" means the party who has agreed to subscribe to or utilize the Services stated herein and/or any person or individual accessing or utilizing this Website.

"Law" means and includes all regulations and any other relevant laws, regulations, statutes, acts or by-laws currently in force in Malaysia which is subject to change from time to time.

"Services" means any functions, features, facilities or services made available by Buss Consulting (M) Sdn. Bhd. (formerly known as Buss Malaysia Sdn. Bhd.) (BMSB) from time to time subscribed or to be subscribed by the Customer in connection with the Services.

"BMSB" means Buss Consulting (M) Sdn. Bhd. (formerly known as Buss Malaysia Sdn. Bhd.) a company incorporated in Malaysia under the Companies Act, 1965 having its registered address at 50, Jalan Metro Pudu 2, Fraser Business Park, Off Jalan Yew, 55100, Kuala Lumpur and/or its subsidiaries licensed to provide the Services.

"Website" means the Internet address www.bussmalaysia.com including all the information and services made available there by BMSB which is subject to change from time to time.

Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words denoting natural person shall include corporations and partnerships.

Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.

Modifications of Terms and Conditions

BMSB reserves the right to amend, modify or vary at any time without any prior notice to the Customer, the terms and conditions herein contained and the Customer shall be bound to observe and comply with any such variation, addition or amendment. Notice of such changes may be given to the Customer and/or up-dated in this Website but the changes shall take effect from the date the changes were made. The Customer is responsible for reviewing regularly information posted online to obtain timely notice of such changes. The Customer shall be deemed to be apprised of and be bound by any modification by BMSB to these Terms and Conditions. The Customer's continued use of the Website following the postings of any amendments, modifications or verifications to these Terms and Conditions constitutes acceptance of those changes.

Links

This Website may contain links to other websites including third party websites. The Customer acknowledge and agree that each of those websites are governed by their respective Terms and Conditions which the Customer agreed to abide by when using or accessing those websites. The terms and conditions therein contained are enforceable directly against you on its own behalf by the respective owners of those websites. BMSB and/or its Related Corporations is not responsible for the condition or content of those websites as they are not under the control of BMSB and/or its Related Corporations. The link(s) from or to websites outside this Website are meant solely for the Customer's convenience only and shall not be construed, expressly or impliedly, as authorization, endorsement, sponsorship nor any partnership by BMSB and/or its Related Corporations for those websites or the products or services provided there. The Customer shall bear all risk in accessing these websites and in the using of the products and services contained therein. BMSB and/or its Related Corporations is not responsible for any transactions the Customer may perform on those websites.

Disclaimer

THIS WEBSITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO BMSB AND/OR ITS RELATED CORPORATIONS, ITS PRODUCTS AND SERVICES OR TO THIRD PARTY'S PRODUCTS AND SERVICES (IF ANY), IS PROVIDED ON AN "AS IS" AND 'AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW.

BMSB AND/OR ITS RELATED CORPORATIONS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS INCLUDED ON THIS WEBSITE INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY. IN NO EVENT SHALL BMSB AND/OR ITS RELATED CORPORATIONS, THEIR RESPECTIVE AGENTS AND REPRESENTATIVES; SUPPLIERS, VENDORS OR MERCHANTS WHO HAVE A PRESENCE ON THIS WEBSITE Partner LIABLE TO THE CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF OR YOUR INABILITY TO ACCESS OR USE THIS WEBSITE.

BMSB AND/OR ITS RELATED CORPORATIONS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS WEBSITE OR ANY OTHER THIRD PARTY WEBSITES WILL Partner UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL Partner CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.

ACCESS TO THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BMSB AND/OR ITS RELATED CORPORATIONS SHALL NOT Partner LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED TO:

• AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE WEBSITE;
• SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE WEBSITE;
• SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO YOU.

In compiling the information contain on and accessed through this Website ("Information"), BMSB has used its best endeavors to ensure that the information is correct and at the time of publication but takes no responsibility for any error, omission or defect therein. BMSB , its Related Corporations and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission.

Unlawful or Restricted Use

In accessing or utilizing this Website, the Customer shall comply with and not to contravene with all applicable laws of Malaysia relating to the Services and not to infringe any intellectual property right of any other sites. The Customer shall not use this Website for any purpose that is unlawful or prohibited or in a manner which could damage, disable, overburden or impair this Website or interfere with the enjoyment or use by any other party of this Website.

License and Website Access

BMSB grants you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with prior express written consent of BMSB. This license does not include any resale or commercial use of this Website or its contents. This license does not include any collection and use of any product listings, descriptions or prices, data mining, robots or similar data gathering or extraction tools. This Website or any portion of this Website including without limitation the materials used and displayed on this Website may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, transmitted or otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written permission of BMSB and/or its Related Corporations. The Customer agrees not to adapt, alter or create a derivative work from this Website or any portion of this Website including with out limitation the materials used and displayed on this Website or any portion of this Website or use them for any other purpose other than for the purpose stated in this paragraph.

The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of BMSB and/or its Related Corporations without express consent. The Customer may not use any meta tags or any other "hidden text" utilizing names, logos or trademarks belonging to BMSB and/or Related Corporations without express consent of BMSB and/or its Related Corporations. Any unauthorized use terminates the permission or license granted by BMSB herein.

Nothing contained in this Website shall be construed as conferring by implication, or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in the Terms and Conditions) or any proprietary rights of BMSB, its Related Corporations or its licensors.

Access and Use of this Website and Use of Information

BMSB , its Related Corporations and their respective agents and representatives shall not be responsible for material submitted to BMSB or other user created pages which allow you and other users to post information, provide feedback about BMSB, and interact in real time. Any information, suggestions, ideas, drawings, concepts, know-how or techniques provided by, or obtained from you or your use of this Website shall be deemed to be non-confidential and non-proprietary. By communicating with BMSB, you grant BMSB and/or its Related Corporations permission to use any information, suggestions, ideas, drawings, concepts, know-how or techniques communicated, for any purpose BMSB and/or its Related Corporations chooses, commercial, public or otherwise without cost or compensation whatsoever to you. You acknowledge that BMSB and/or its Related Corporations and their respective agents and representatives do not control the information available on the user generated pages on this Website and that any opinion, advice, statements, services, offers or other information or content presented or disseminated therein are those of their respective authors who are solely responsible and liable for their content.

System Integrity

The Customer may not use any mechanism, device, software or routine to interfere or attempt to interfere with the proper working of this Website. The Customer may not take action that places an unreasonable burden or excessive load on BMSB's system(s). The Customer agrees not to infect this Website with any computer programming routine that may damage, interfere with, delay intercept or expropriate any system, data or personal information. The Customer may not disclose to any third party or share his/her password, if any, or use his/her password for any unauthorized purpose. BMSB and/or its Related Corporations will not be liable or responsible for any charges incurred as a result of the usage of this service through your BMSB number.

Rules of Acceptable Use

The Customer further undertakes NOT to use the Website in a manner that may infringe the rights or restrict the use and enjoyment of this Website by any third party, and this includes:

• conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation;
• use of material in a manner which infringes any copyright, trademark or any intellectual property right;
• use of material protected by trade secret without due authorization;
• impersonating any person or entity including but not limited to a BMSB official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
• monitoring without authority data or traffic on any network or system;
• using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any User, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on BMSB's system(s);
• circumventing any user authentication or security of any host, network or account (cracking or hacking); and
• reselling or providing this dealernet website or any part thereof to another person or entity for profit or otherwise.

BMSB reserves the right to investigate potential abuses of the Rules of Acceptable Use and BMSB will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. BMSB further reserves the right to suspend or terminate the Customer's right to access this Website if is discovered that you have provided us with false or misleading registration or other information or violated or attempted to violate any term of the Rules of Acceptable Use.

BMSB reserves the right to make modifications to the Rules of Acceptable Use at any time by posting changes online without prior notice. Please check these BMSB Rules of Acceptable Use periodically for changes. The Customer's continued use of this Website following the posting of any changes to the Rules of Acceptable Use constitutes acceptance of those changes.

Limitation of Liability

BMSB and/or its Related Corporations take no responsibility for the accuracy or validity of any claims, or statements contained in the information, documents and related graphics on this Website. Further BMSB and/or its Related Corporations makes no representations about the suitability of any of the information contained in the document and related graphics on this Website for any purpose. All such documents and related graphics are provided without warranty of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

BMSB and/or its Related Corporations shall not be liable for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the Customer's account particulars. Neither shall BMSB and/or its Related Corporations be liable for any error, omission or inaccuracy with respect to any information disclosed.

The Customer shall be solely responsible for ensuring that in using this Website, all applicable laws, rules and regulations for the use of any communications systems, service or equipment shall be at all times be complied with. BMSB and/or its Related Corporations makes no representations about the suitability of any of the information contained in the document and related links.

Confidential Information

BMSB and/or its Related Corporations shall not be responsible in assuring confidentiality of information and materials transmitted via this Website. It is recommended that the Services shall not be used for the transmission of confidential information. Any transmission of confidential information via this Website shall be at the Customer's own risk and BMSB and/or its Related Corporations shall not be held liable in connection therewith. However, BMSB and/or its Related Corporations reserves the right at all times to disclose any information as may be deemed necessary at any time without the Customer's prior consent, 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.

Password Confidentiality

If the Customer uses this Website, the Customer will be required to enter his/her password every time he/she accesses this Website. The Customer is responsible for maintaining the confidentiality of the Customer's password and/or user authentication and for restricting access to the Customer's computer, and the Customer agrees to accept responsibility and liabilities for all activities that occur under the Customer's password and/or user authentication. The Customer undertakes to observe all security measures prescribed by BMSB concerning his/her password or generally in respect of the use of this Website. Should the Customer have any reason to believe that his/her password has been misused and/or compromised whether by theft, fraud or otherwise, the Customer shall inform BMSB immediately after he/she becoming aware of the same.

BMSB shall not be liable for any loss or damage which the Customer and/or any third party may suffer as a result of instructions or transactions transmitted via this Website after successful usage of the Customer's password whether or not such usage was authorized by the Customer.

The Customer shall keep BMSB and/or its Related Corporations fully indemnified against all loss or damage which BMSB and/or its Related Corporations suffer(s) or may suffer in connection whether directly or indirectly to usage of his/her password whether by himself/herself or any third party, authorized or otherwise.

BMSB and/or its Related Corporations reserves the right to invalidate or suspend the Customer's password at any time without being obliged to offer the Customer any explanation or prior notice. BMSB and/or its Related Corporations shall not be liable for any loss or damage which the Customer may suffer as a result of such invalidation and/or suspension.

BMSB and/or its Related Corporations reserve the right to discontinue the password accessing system with respect to this Website at any time, without prior notice. BMSB and/or its Related Corporations shall not be liable for any loss or damage which the Customer may suffer as a result of such discontinuation.

Termination and Suspension

BMSB and/or its Related Corporations reserves the right to modify for legal, technical or any reason whatsoever or discontinue (temporarily or permanently) this Website at any time and from time to time with or without notice. Where reasonable and practical, advance notice would be given. The Customer agrees that BMSB and/or its Related Corporations shall not be liable to the Customer or to any other party for such modification, suspension or discontinuance of this Website.

BMSB and/or its Related Corporations reserves the right with notice, to terminate the Customer's access to or use of this Website for any reason including but not limited to violation of any terms of these Terms and Conditions and/or lack of use of this Website. The Customer agrees that BMSB and/or its Related Corporations shall not be liable to the Customer or any other party for any termination of the Customer's access to or use of this Website.

BMSB and/or its Related Corporations shall not be liable for any failure to perform its obligations herein cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom BMSB and/or the Related Corporations has no control over or any cause outside BMSB's and/or the Related Corporations' reasonable control.

You agree that BMSB and/or its Related Corporation has no responsibility or liability for the deletion or failure to store any messages, pictures and/or other communications or other content maintained or transmitted. You acknowledge that BMSB reserves the right to log off accounts that are inactive for a period exceeding 6 months.

Indemnity

By accessing and using this Website, the Customer undertakes and agrees to indemnify, save and hold harmless BMSB and/or its Related Corporations at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement or copyright or other intellectual property rights or death, bodily injury or property damage and howsoever arising which BMSB and/or its Related Corporations may sustain, incur or pay or as the case may be, which may be brought or established against BMSB and/or its Related Corporations by any person whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Services, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, its servants or agents.

Severability

In the event any terms or conditions in this Website is found to be unlawful or illegal, such term or condition shall be excluded and such exclusion shall not affect the enforceability, legality and lawfulness of this Website in any way.

Governing Law

This Website is governed by the laws of Malaysia. The Customer hereby consents to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and including without limitation this paragraph. If any part of this Website is determined to be invalid pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

BMSB and/or its Related Corporation make no representations that the content of this Website complies with any laws abroad. BMSB and/or its Related Corporation bear no responsibility for the access of this Website from abroad.

Copyright

This Website and its contents including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by BMSB, its Related Corporations or its content suppliers and are protected by copyright, grade marks and other laws of Malaysia. You may view this Website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Website solely for your own information. Except as provided in the foregoing, BMSB and/or its Related Corporations does not grant the Customer or any person any right to use, reproduce, copy, modify, transmit (including broadcast), display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content of this Website on or transmitted through this Website, including without limitation by transferring, downloading or otherwise copying any content onto any disk drive or other storage medium. Any use of the content of this Website, except as specifically permitted in these terms and conditions or as otherwise expressly permitted in the content or in writing signed by BMSB, is strictly prohibited.

The compilation (including but not limited to the collection, arrangement, and assembly) of all content on this Website is the exclusive property of BMSB, its Related Corporation and/or content suppliers and are protected by copyright. All software used on this Website is the property of BMSB, its Related Corporations or its software suppliers and protected by copyright.

Trademarks

All rights reserved. This Website includes registered trademarks which are the subject of pending applications or which otherwise protected by law including without limitation images and text such as "Buss", "Optimize Your Potential", "BSA" and "BMW". Unless otherwise indicated, they are owned and controlled by BMSB and/or its Related Corporations for these purposes and are protected by intellectual property rights.

Such trademarks and service marks may not be used except as permitted in these Terms and Condition or with specific written permission from BMSB and/or its Related Corporations, as the case may be. This Website may also contain the trademarks of content suppliers and electronic commerce merchants which are protected by law, and you may not use these trademarks and service marks, at all times.

Miscellaneous

The Customer agrees that this Website shall only be used for lawful purposes.

If the Customer is dissatisfied with this Website or the Terms and Conditions, rules, policies, guidelines or practices of BMSB in operating this Website, the Customer's sole and exclusive remedy is to discontinue using this Website.

In the event of any conflict between the Terms and Conditions herein contained and the rules and/or specific terms appearing on this Website relating to the specific material, the latter shall prevail.

These Terms and Conditions shall have effect only to the extent not forbidden by law. For avoidance of doubt, it hereby agreed and declared in particular, but without limitation, if and where the said Act is applicable.

No delay or indulgence by BMSB and/or its Related Corporations in enforcing any term or condition of these Terms and Conditions nor the granting of time by BMSB and/or its Related Corporations to you shall prejudice the rights or powers of BMSB nor shall any waiver by BMSB and/or its Related Corporations of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Website shall be exclusively subject to the jurisdiction of the courts of Malaysia.

The Customer must also:

• cease to utilize the Services and/or Website or any part thereof for such period as may be required by BMSB.
• not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
• comply with all notices or directions relating to the Customer's use of the Service and Website as BMSB may see fit to issue from time to time or if BMSB has reason or cause to suspect that you are not complying with your responsibilities and obligations under these terms and conditions.
• at all times keep the personal identification and password created confidential and not release the password to any person.