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Terms and Conditions

Terms of Service

Terms of Service

  1. General
    These Terms of Service (“Terms”) are agreed between Metro Glide SDN BHD, registered business 276045-A in Sarawak, Malaysia (“We” or “Us” or “The Company”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.Use of the services provided by Metro Glide SDN BHD and our affiliated trading names and brands tools constitutes an express acknowledgement and agreement to be bound by the Terms which appear on The Company’s website (“The Website”) and which govern,​ but are not limited to,​ matters relating to Warranties,​ Interpretation and Jurisdiction,​ Uploading,​ Limitation of Liability,​ Payment,​ Privacy,​ Data Processing,​ Customer Care and Cookies. The Company reserves the right to change the Provisions at any time by posting such changes online. You are responsible for referring to, familiarizing yourself with, and comply with the Terms as agreed upon between the parties. When You continue to use of The Website after changes are posted, this constitutes an express acceptance of the Terms,​ as amended.
  2. Website Terms of Use
    Information presented through the domains (metroglide.com.my and metroglide.my), all subdomains and hierarchically organised or attached information, files and media are known as “The Website”. The Website is operated by The Company is provided on an as-is information resource basis with no warranty of suitability for any particular purpose. Whilst every effort is made to ensure accuracy (including pricing), all errors and omissions are accepted and some may remain.Whilst The Company endeavours to provide access to The Website at any time to any person, availability cannot be guaranteed due to the possibility of third party downtime, upgrades, maintenance or other disruptions. The Company reserves the right to block access to the website to any individuals, organisations or countries as it deems appropriate or necessary.The Website may contain links to third party websites, some of which are not affiliated with, or operated by, The Company. As such The Company does not accept any responsibly whatsoever for the content on these websites or service availability.Copying of any content published on The Website is strictly PROHIBITED without prior written consent from The Company. All content is subject to copyright.You must not use The Website in any way that disrupts service provision, causes damage (physical or virtual) to any third party, including The Company. This includes but is not limited to viruses, illegal or malicious activity.
  3. Definitions
    In the Terms the following terminologies have the meanings ascribed to them below:
    1. “Service” means any one of the facilities offered by The Company, ​including ​but not limited to contracting, construction, project management, electrical servicing and installation, and associated administration and management. Services has a concomitant meaning.
    2. “Service User” means any person,​whether a natural or juristic person,​corporate or unincorporated,​who uses the Services, including You.
    3. “Project” means any particular job of work required by the Service User to be performed by The Company as part of the Services.
    4. “Specifications” are the parameters of the Project agreed upon between the Service User and The Company.
    5. “The Fee” means the value which The Company and the Service User agree as being the amount of money payable by the Service User to The Company in respect of a Project.
    6. “Recordings and Transcription Source” means any correspondence,​ documentation,​ literary,​ artistic or musical work,​ sound or other audio/video recording or broadcast,​ program carrying signal,​ computer program,​ or any other work,​ program or recording whether protected by copyright or not.
    7. “Service Provider/s” refers to any/all directors,​officials,​employees,​and independent contractors,​associated with or engaged by The Company in terms of an agreement.
    8. “Protected Information” means any confidential or private material,​ correspondence,​ documentation,​ advice,​ information,​ know-how,​ record or other sensitive knowledge or information arising from sources of information provided to The Company for the purpose of rendering Services with them, including but not limited to audio and video recordings and text based and multimedia sources obtained,​ accessed or received by The Company,​ and Service Providers, which,​ but for the association between the Service User and The Company,​ would not ordinarily be available to the Service Providers.
  4. Warranties
    1. In the event that,​in contracting with the Company,​ a Service User acts on behalf of any other person,​whether a natural or a juristic person,​corporate or unincorporated,​the Service User warrants that it has the necessary authority to so act and that such person,​whether a natural or a juristic person,​corporate or unincorporated,​also agrees to be bound by the Provisions.
    2. Use of Services provided by The Company constitutes a warranty by the Service User that it holds the necessary right,​title and interest,​whether in copyright or arising from any other area of law,​contract or arrangement,​for the source materials supplied to The Company (including but not limited to audio and video recordings and text based and multimedia sources, and all Protected Information), in respect of which the Services have been sought from The Company.
    3. The Service User shall indemnify to keep The Company fully and effectively indemnified on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) suffered by The Company as a result of any breach by the Service User of the warranties set out in the Terms.
    4. The Company and/or Service Provider/s warrants that it has sufficient rights (including Intellectual Property Rights) in and relating to the Project to grant to the Service User the rights set out in this Agreement and has obtained and will maintain and renew, as appropriate, all necessary licences, authorisations and consents which are necessary for the Service User to make commercial use of the Project, except where The Company and Service User sign a contract or agreement which states that the service user is liable for ongoing renewal or maintenance costs, or legally makes a contract or agreement with a third party through facilitation by The Company or Service Provider/s.
  5. Intellectual Property Rights
    1. The copyright in any methodologies and technologies provided by The Company for the Project shall remain with The Company. All Intellectual Property rights created, whether alone or jointly, by The Company in connection with the Project shall also remain with The Company.
    2. The Company grants the Service User royalty-free, worldwide, non-exclusive license to use and modify any methodologies and technologies provided by The Company.
    3. Nothing in this Agreement shall be taken to prevent The Company from using any expertise acquired or developed during the Project in the provision of Services for other entities or on its own behalf.
  6. Services and Acceptance
    1. Subject to the payment of The Fees and the provision of Protected Information by the Service User, The Company agrees to design and implement the Project using reasonable endeavours and in accordance with the Specifications, the other provisions of this Agreement.
    2. The Company shall notify the Service User when the Project reaches agreed upon target statuses of completion. The Company shall also notify the Service Users of any errors and barriers to completion of the project with reasonably practicable expedience.
    3. If the Service User notifies The Company of any errors or inaccuracies based on the Specifications of the Project, The Company shall endeavour to correct these issues with reasonably practicable expedience.
    4. If the Service User does not notify The Company of any errors as provided in clause 6.3, or if the Service Users notifies The Company that there are no errors in Service provision of the Project, then the Project or the relevant part shall be Accepted.
  7. Amendments to the Project Specification
    1. The Company and Service User agree that amendments to the Specifications can only be made and agreed in writing. If at any time the Service User wishes to amend the Specifications, or any aspect of the implementation of the Project Service, the Service User shall provide The Company with written details together with such further information as The Company may require in order to assess the proposed amendments.
    2. The Company shall, within a reasonable time of receipt of all of the information specified in clause 7.1, submit to the Service User a revised Specification and revised quotation for The Fees required in order to provide the amendments proposed by the Service User (the “Response”).
    3. If the Service User wishes to accept the Response, then it shall do so with reasonably practicable expedience, in which case this Agreement (including the Specification and The Fees) shall be amended in accordance with the Response otherwise work shall continue by The Company without amendment.
  8. Service User Obligations
    1. The Service User agrees to provide necessary equipment, telecommunications or other third party services necessary to host, operate, or maintain the Project Services, except where such services are otherwise agreed upon as the responsibility of The Company.
    2. The Service User agrees to adequately protect and keep secret information pertaining to the Services, the Project, and The Company, not limited to passwords, personal information, financial records, and the Project Specifications, except where the Service User has otherwise legal responsibilities not to do so.
    3. The Service User agrees to comply with all other obligations agreed upon between The Company and the Service User related to the fulfillment of the Project.
  9. Limitations of Liability
    1. A Project requested by a Service User is completed and returned according to the agreement between the Service User and The Company. While The Company makes every effort to identify and resolve any and all technical errors or resultant problems, and/or Protected Information,​ The Company does not accept responsibility for any work incorrectly requested, designed or valued by the Service User,​ or any work which the Service User requests The Company to undertake via any third party which provides incorrect information,​ and The Company does not accept liability for any resultant loss or damage suffered by the Service User whether direct or consequential.
    2. Although The Company will use reasonable endeavours to deliver a Project on time,​ delays concomitant with high volumes of work may be experienced and delivery dates may be moved accordingly.
    3. In the event of any Service User suffering damage or loss as a result of the publication or dissemination of any Protected Information by The Company or any Service Provider, then the maximum extent of The Company’s liability,​ if any,​ will be limited to an amount equal to twice The Fee.
    4. The Company cannot guarantee the efficacy,​security and/or privacy of using email for the conveyance of any Protected Information,​correspondence or other communication and consequently does not accept liability for any loss or damage,​whether direct or consequential,​suffered by the Service User as a result of any non-delivery and/or breach of confidentiality or privacy resulting from such use.
    5. The Company shall not be held liable for failure to perform obligations of any agreement between the Company and the Service User due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond the reasonable control of the Company.
  10. Payment
    1. Payment must be made by the Service User to The Company on presentation of an invoice.
    2. A partial deposit of funds or full payment may be required to be paid by the Service User to the Company in advance, and any set minimum charge which applies is payable by the Service User to The Company in advance.
    3. Prices include VAT/ SST / any other service tax where applicable.
    4. Any invoice dispute must be submitted by the Service User to The Company in writing within seven (7) days of receipt by the Service User of an invoice.
    5. Payment for the Services for the Project, and other costs for which the Service User is obligated by any agreement between The Company and the Service User must be made through the methods detailed in the invoice or the work contract. The Service User must ensure they are able to make payment under the agreed terms in the specified manner before signing any works contract.
    6. If payment is not received within thirty (60) days of the invoice date,​ The Company reserves the option to charge interest on the outstanding balance at a rate not exceeding 5% per annum over the relevant base rate,​ up to the date when payment is received by The Company. The Company also reserves the right to claim compensation from the Service User for any costs incurred by the Company for third party services that any agreement between The Company and the Service User obligates responsibility for to the Service User, or where in good faith The Company incurred costs for third party services in order to provide the Services for the Project.
  11. Termination/Cancellation
    1. In accordance with The Consumer Protection Act 1999 (CPA) the Service User has the right to cancel within a period of 14 days from placing Your order, provided The Company has not commenced the Services for the Project. Once The Company has commenced the Services for the Project the right to cancel is no longer applicable, in accordance with regulation 17 of The CPA.
    2. The Company may cancel this agreement at any time prior to the delivery of the Services for the Project. The Company may do so without giving any reason. In such a situation The Company will refund to the Service User The Fee if already paid.
    3. The Company declares the right to terminate this agreement on written notice in the event that
      1. The Service User commits any material breach of the Terms or other agreement with The Company pertaining to the Project Services, where this is not remedied within 14 days, or to the satisfaction of both the Service User and The Company.
      2. The Service User holds any meeting with or proposes to enter into or has proposed to it any arrangement or composition with its creditors
      3. The Service User has a receiver, administrator, or other encumbrancer take possession of, or appointed over, or has any distress, execution or other process levied or enforced (and not discharged within 7 days) upon the whole or substantially all of its assets.
      4. The Service User ceases or threatens to cease to carry on business or becomes unable to pay its debts.
    4. Upon the termination or expiry of the Terms or other agreement pertaining to the Services for the Project, The Service User shall return to The Company all licensed materials and Services for the Project, and all copies in whole or part, of The Company; or if requested by The Company, the Service User shall destroy them and certifying in writing to The Company that they have been destroyed. Likewise The Company agrees upon the termination or expiry of the Terms or other agreement pertaining to the Services for the Project, to destroy or return all Protected Information to the Service User, with certification of this process.
  12. Confidentiality and Data Protection
    1. The Company and all Service Providers providing Services for the Project sign a confidentiality and non-disclosure agreement. The Company will, on occasions, sign a Service User’s confidentiality agreement, if required.
    2. The Company and the Service User will promptly notify the other party of any actual or suspected misuse or unauthorised disclosure of the other party’s confidential Information or Protected Information.
    3. The Company and the Service User will comply with its obligations pursuant to the General Data Protection Regulation (2018).
  13. Governing Law
    1. This Agreement shall be construed in accordance with the law of Malaysia and the exclusive jurisdiction of the Malaysian courts.
Metro Glide SDN BHD
AJ201, Batu Kawa New Township,
Jalan Batu Kawah, 93250,
Kuching, Sarawak, Malaysia
Tel:  +60 (082) 460 935
Fax: +60 (082) 459 816