TERMS OF USE

Please read & understand the following terms & conditions which govern your access of this website (“this website”) and use of the services as provided herein (“the services”). By accessing this website and/or using the services, you agree to be bound by these terms & conditions. If at any time you do not accept any or all of these terms & conditions, please discontinue your access and use of this website and the services.

GENERAL

1. Your access of this Website and use of the Services are governed by and subject to the following Terms of Access (“TOA”) including any amendments made thereto which we, at our sole discretion, may impose from time to time, with or without notice to you. At any time, you may view the most current version of our TOA by clicking on the “Terms of Access” hyperlink located on this Website.

COPYRIGHT AND USE OF WEBSITE

2. The copyright of this Website belongs to us, Diverge Retail Marketing Solutions (“Diverge”).


3. You may download any of the contents or materials from this Website for your personal and non-commercial use only. You shall make no other use of the contents or materials on this Website without the express written permission from us. You will also not make any changes to the contents or materials that you download and you agree that you do not acquire any ownership rights in any downloaded contents or materials. You will not reproduce, modify, publish, distribute, transmit, transfer, sell, create derivative works, or in any way exploit any of the contents or materials, in whole or in part, found on this Website.


4. Where copyright of a third party is indicated, you shall request for the necessary permissions of use from the third party concerned. We will not be held liable for use of third party copyright on this Website by you or any third parties. Where hyperlinks to third party websites are included in this Website, you should separately check and abide by the terms and conditions of use of those websites.


5. We make no representation or warranty whatsoever with respect to the contents of this Website and/or any third party websites that are hyperlinked. The contents of this Website may be changed at any time without express notice to you or other users. Whilst best efforts have been undertaken by us to ensure the accuracy of information contained on this Website, we shall not be held liable for any use by you of the information contain herein. If any inaccuracy or error is found, you are encouraged to provide us with your feedback or comments at


6. You will use this Website and any contents or materials therein solely for lawful purposes and purposes that are not prohibited by these terms, conditions, and notices. You may not use this Website in any manner that could damage, impair or cause damage to us in any way, or interfere with any other party’s use of this Website or Services. Any attempt to gain unauthorised access to a restricted section of this Website or the Services, other accounts, computer systems or networks connected to or managed by us or our agents in any way, including but not limited to, through hacking, password mining or any other means, is strictly prohibited. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or Services to you.

USE OF LOGOS OR TRADE MARKS

7. Use of any name, logos, trade marks or signs purporting to indicate Region Management as the source of any information, product, service, or otherwise is strictly prohibited unless expressly authorised in writing by the Director of Diverge.

PROTECTION OF PERSONAL INFORMATION

8. If any of the Services requires you to open or maintain an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be asked to choose a password and a user name. Our Privacy Policy explains how we will use and process the information you have furnished to us.


9. You are entirely responsible for maintaining the confidentiality of your password and account. All activities under the account will be attributed to you and you are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.


10. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or third parties due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.


11. We reserve the right at all times to use, disclose, remove or edit any information or materials provided by you in order to satisfy any applicable law, regulation, legal process or governmental request, in its sole discretion and without further notice to, or prior permission from, you.

DISCLAIMER

12. We expressly disclaim all liability, to you or any person, entity, body or organisation, for all loss or damage, claim or expenses of any kind whatsoever, whether special, direct, indirect or consequential, whether in an action of contract, negligence or other tortious actions, in respect of anything done or omitted to be done, whether wholly or partly, in reliance upon the whole or any part of the contents and/or materials within this Website.


13. Further, we accept no responsibility for, and hereby exclude all forms of liability, to the maximum permitted extent under applicable laws, for loss or damage, caused by or resulting from interferences with or damage to your computer systems which occurs in connection with or use of this Website or any sites linked to it, whether through a computer virus or otherwise howsoever.

WAIVER

14. In the event that we fail or neglect to enforce any provision or remedy under this TOA for whatever reason, we shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this TOA.

GOVERNING LAW

15. These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein you agree that Malaysia law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Malaysia courts.

PRIVACY POLICY

ABOUT THIS PRIVACY POLICY

1. This Privacy Policy applies to www.diverge.com.my (“this Website”). We therefore ask that you read this Privacy Policy carefully as it contains important information about how we will use your personal data. When using this Website or any of our services on this Website (“the Services”), you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your personal data as described in this Privacy Policy.

TYPES OF PERSONAL DATA WE MAY COLLECT ABOUT YOU

2. In order to enable us to operate effectively and provide you with the Services, we may require you to furnish to us your personal data such as your name, address, email and telephone number when you call us, email us, visit this Website or use any of the Services. We may also obtain data about you by observing how you interact with this Website such as the browser you are using, your IP address, location, cookies or other unique IDs, the pages you visit and features you use. Sometimes we also obtain data from other sources that we may combine with the data we collect directly from you such as demographic data that we purchase from other companies.


3. When you are asked to provide personal data to us, you may decline. However, if you choose not to provide the information, you may not be able to use all of the Services.

HOW WE COLLECT PERSONAL DATA ABOUT YOU

4. We use a number of methods and technologies to gather personal data about you and how you use this Website and the Services, such as through:


(a) Web forms, whenever you fill up an online registration form or type a search query into a search box;

(b) Cookies, which are small files on your computer’s hard disk to help us recognise you whenever you visit this Website, speed up your access to this Website, store your personal preferences and settings, help with sign-in, build a profile about you, provide targeted ads, combat fraud, and analyse site operations;

(c) Web logging, which enables us to collect the standard information your browser sends to every website you visit such as your IP address, browser type and language, and the site you came from, as well as the pages you visit and the links you click while using this Website and the Services.

WHY WE COLLECT PERSONAL DATA ABOUT YOU

5. The personal data you have provided to us together with other information that we may obtain about you, will be collected, used or otherwise processed for the following purposes, amongst others:-


(a) to provide you with the Services;

(b) to assess and process your inquiries and/or complaints;

(c) to facilitate communication with you (for example, answering any queries and dealing with any complaints and/or feedback);

(d) to manage and improve this Website and the Services;

(e) to maintain records required for internal investigation, audit and/or security purposes;

(f) to notify you about changes to the features of the Services;

(g) to comply with any of our legal and/or regulatory obligations; and

(h) for all other purposes incidental or associated with any of the above.

HOW WE SHARE YOUR PERSONAL DATA

6. We take the privacy of our Website users very seriously. We will share your personal data with your consent.


7. We may share or disclose personal data with our affiliates, subsidiaries, vendors or agents working on our behalf. For instance, companies we have hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data in order to provide those functions. We will impose our data privacy requirements to those entities


8. We may also access, disclose and preserve your personal data, including your private content such as the content of your emails or other private communications, when we believe that doing so is necessary to:

(a) comply with applicable law or respond to valid legal process from competent authorities, including from law enforcement or other government agencies;

(b) protect our customers, for example to prevent spam or attempts to defraud users of the services, or to help prevent the loss of life or serious injury of anyone;

(c) operate and maintain the security of this Website and the Services; or

(d) protect our rights or property, including enforcing the terms governing the use of this Website and the Services.


9. This Website and the Services may include links to sites or services of third parties that have privacy practices different from ours. When you submit personal data to any of those sites or services, your personal data is governed by the privacy policy of those third parties.


10. Your personal information provided to us will be kept confidential but you agree that the Company may disclose and transfer (whether in Malaysia or abroad) to third parties as may be necessary or appropriate for the purpose as stated in (C).

HOW LONG WE KEEP PERSONAL DATA ABOUT YOU

11. We will retain any personal data supplied by you to us for as long as necessary for the fulfilment of the purposes stated in paragraph above or is required to satisfy any legal, regulatory and/or other requirements or to protect our interest.

UPDATING YOUR PERSONAL DATA

12. You have the right to request that we correct any of your personal data that is inaccurate, incomplete or out-of-date, subject to any applicable legal restrictions and contractual conditions.


13. Any enquiry or written request for correction and/or deletion of personal data, or to limit the processing of your personal data should be directed to:

Email: adrian@diverge.com.my

CHANGES TO THE PRIVACY POLICY

14. We reserve the right to amend this Privacy Policy from time to time without prior notice to you.

GOVERNING LAW

15. Our Privacy Policy is governed by and is to be construed in accordance with the laws of Malaysia. You also agree to submit to the exclusive jurisdiction of the Malaysia courts in resolving any dispute.