StockManager - Terms and Conditions of Access To Mobile Equities Trading Service.     

NOTICE : THE TERMS AND CONDITIONS PROVIDED HEREIN BY EXCELFORCE MSC BERHAD ('EFORCE') SHALL GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE. YOUR ACCESS AND USE OF THE WEBSITE SHALL BE READ AS YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND/OR USE OF ANY PART OF THE SERVICES.

1.        GENERAL.

1.1         The Terms and Conditions of the applicable agreements including but not limited to the Application Form and or the agreement(s) executed between the Client and EFORCE relating to the products and services of EFORCE and the terms and conditions herein and all supplements, amendments and variations thereto shall collectively constitute the agreement between the Client and EFORCE ("the Agreement"), and shall apply to the Mobile Equities Trading Service herein.

1.2         These Terms and Conditions operate in conjunction with the respective terms and conditions and rules and regulations applicable to EFORCE Internet Trading Account(s) which the Client represents that he has read, understood and agreed to be bound by without qualification or limitation by use of this website or any of its pages.

1.3         In the event of any conflict or inconsistency between the Terms and Conditions herein and the terms and conditions and rules and regulations governing the relevant EFORCE Internet Trading Account(s), the latter shall prevail for purposes of interpretation and enforcement to the extent of such conflict or inconsistency.

1.4         Time wherever mentioned shall be of the essence of this Terms and Conditions.

2.        DISCLAIMERS.

The Terms and Conditions of the applicable agreements including but not limited to the Application Form and or the agreement(s) executed between the Client and EFORCE relating to the products and services of EFORCE and the terms and conditions herein and all supplements, amendments and variations thereto shall collectively constitute the agreement between the Client and EFORCE ("the Agreement"), and shall apply to the Mobile Equities Trading Service herein.

2.1         EFORCE has taken reasonable care to ensure the accuracy of information, materials and content given directly and exclusively by EFORCE. Notwithstanding the same, the information, materials and contents provided by EFORCE on this website are provided on an "as is" basis and are of a general nature and shall be subject to the Client's obligations to take independent legal, financial or other advise as the Client shall deem necessary.

2.2         EFORCE, its directors, officers, employees or agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the services or products transacted through this website.

2.3         Neither EFORCE nor any other parties involved in the creation, production or delivery of the Mobile Equities Trading Service assume any responsibilities with respect to the Client's use thereof. No oral or written information or advice given by EFORCE, its agents or EFORCE's employees shall create a warranty or in any way increase the scope of this warranty, and the Clients shall not rely on any such information or advice. The materials, information and functions provided in this website shall not under any circumstances be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of derivatives, credit or deposits in any jurisdiction.

2.4         EFORCE shall not be responsible or liable for any loss caused or damage incurred or suffered by the Client or any other person as consequences of using the Mobile Equities Trading Service on the Internet.

2.5         EFORCE does not warrant or represent that access to the whole or part(s) of this website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delays, failures, errors or loss of transmitted information, that no viruses contaminating or destructive properties shall be transmitted or that no damage shall occur to the Client's computer system.

2.6         The Client shall be responsible to evaluate the quality, adequacy, completeness, current and usefulness of all services, content, advice, opinions and other information obtained or accessible through the website; further the Client should seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.

3.        COPYRIGHT AND TRADEMARK.

3.1         Unless otherwise indicated, all copyrights, trademarks/service marks, patents, logos and other intellectual property rights of EFORCE or others in this website and contents whereof and in the Mobile Equities Trading Service (including, but not limited to, all information, details, graphics, data, files, text, sound recordings and the sequence and arrangement of the same) shall at all times vest and remain vested in EFORCE, or the relevant third party proprietor, as the case may be. No part or parts of this website may be reproduced, copied, modified, distributed, published, transmitted, stored, performed, licensed, sold or altered without the prior written consent of an authorized person of EFORCE or the relevant third party proprietor, as the case may be. The insertion of a link to this website on any other website, frame or "mirror" any content of this website on another website or server is prohibited unless with the prior express written consent of an authorized person of EFORCE or the relevant third party proprietor, as the case may be.

3.2         The Client is advised that EFORCE may from time to time include links from or to websites that are owned or operated by third parties not under the control of EFORCE. EFORCE shall not be held responsible or liable for the contents of the websites of such third parties or any consequences of accessing the said websites. EFORCE does not endorse or verify the contents of such linked sites.

3.3         Any person who links to this website without the express written consent of the authorized person of EFORCE shall be liable for any claim arising out of unauthorized linking.

3.4         The Client shall not tamper with or do anything that will infringe EFORCE's intellectual property rights and shall safeguard and protect EFORCE's intellectual property rights at all times.

4.        EXCLUSION OF LIABILITY.

In addition to and not in derogation of express provisions in the Terms and Conditions herein, EFORCE shall not be responsible or liable for any damage (whether special or consequential), loss, embarrassment, goodwill expenses or loss of profit incurred or suffered by the Client by reason of or in connection with the following :-

4.1         the Mobile Equities Trading Service Service ;

4.2         any access, use or inability to access or use this website and/or any other website linked to this website ;

4.3         any failure, delays in transmission or non transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of EFORCE or its agents ;

4.4         any failure or delay attributable to services provided by any Network Service Provider;

4.5         failure or delay in the execution of any of EFORCE's obligations due to any cause beyond the control of EFORCE including but not limited to causes  such  as  strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical system failures of any nature whatsoever, malfunction or breakdown or failure in supply of electricity or  power for any length of time ;

4.6         any inaccuracies, errors, defects of any content of this website or other websites linked to this website ;

4.7         any operation malfunction or defect of the Client's computer terminal, systems or software used in accessing the Internet Share Trading  Service ;

4.8         any omission, delay in performance or non-performance of the Client's obligations under the provisions of these Terms and Conditions, the terms and conditions in the Letter(s) of Offer and/or in any agreement(s) executed between the Client and EFORCE and the requirement of regulatory authorities.

4.9         EFORCE acting on instruction transmitted with the use of the Client's User ID and  Password ;

4.10       EFORCE acting on instruction of any one authorized signatory of the Client; and

4.11       the access of any site linked to this website.

5.        INDEMNITY.

5.1         The Client hereby agrees to fully indemnify and hold harmless EFORCE its nominees, subsidiaries and agents from and  against  all  losses, actions, claims, expenses, demands and liabilities whether in contract, tort or otherwise and in respect of  margin calls or any payments  required  under  any agreement(s) or terms and conditions  pursuant  to  the  Internet  Share Trading  Services and which has been incurred by EFORCE now or  hereafter  by  its officer, agent or employee for whose liabilities, acts or omission it may be answerable and to indemnify EFORCE for anything done or omitted to be done in the exercise or the purported exercise of the powers herein contained or occasioned by any breach by the Client of his covenants or other obligations to EFORCE.  The Client shall indemnify EFORCE on demand.

5.2         EFORCE shall also be entitled to be indemnified by the Client against all costs, charges, expenses and liabilities incurred by EFORCE in relation thereto including any liability incurred in defending any proceedings which relate to anything done or omitted to be done or alleged to have been done or omitted to be done by EFORCE.

5.3         The Client agrees to indemnify and keep EFORCE fully indemnified against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred against EFORCE in respect of any statement, representation, communication, act and/or omission in any way relating to or arising out of the negligence of or willful misconduct of or breach of or any omission, delay, default or failure of the Client's obligations under the Terms and Conditions as provided herein and requirements of regulatory authorities or howsoever caused by the Client and/or any of its officers or employees in the performance of its obligations under the Terms and Conditions.

5.4         The Client further agrees that EFORCE shall not be liable to the Client for and with respect to any third party claim and the Client shall indemnify and hold EFORCE harmless from and against any liability, claim, loss, damage or expense of any kind (including strict liability in tort) relating to or arising out of third party rights and the infringement thereof.

5.5         The Client undertakes to indemnify EFORCE for any breach of secrecy and any consequences arising therefrom, which shall include any authorized or unlawful access to the information by any third party employing any means whatsoever.

5.6         EFORCE shall not be responsible for fraudulent or unauthorized instructions, or any loss (including consequential loss), damage or liability whatsoever suffered and/or incurred by the Client unless arising through the negligence or willful default of that respective company of EFORCE.

5.7         The Client's obligations herein shall survive the termination of any of the Mobile Equities Trading Service to the Customer by either party.

5.8         The Client shall fully indemnify EFORCE and hold EFORCE harmless against any and all claims, losses, liabilities, cost and expenses (including but not limited to solicitors fees on a solicitor and client basis) arising or which may arise out of the Client's breach or violation of the terms and conditions herein or any third party rights, including but not limited to any infringement of EFORCE's intellectual property rights.

5.9         The Client's obligations to indemnify EFORCE, and the Client's obligations relating to Intellectual property and Confidentiality shall survive the termination of services herein.

6.        DISCLOSURE.

6.1         In order to provide the Client with the wide range of financial products and services offered by EFORCE on the Internet, it is necessary for information about the Client to be made known or available through the Internet to each company in EFORCE and to EFORCE's agent, suppliers, vendors and service companies that provide support or service for EFORCE's products and services. Client's information will not be provided to third parties for purposes other than the above and only such information as is required will be provided.

6.2         If the Client does not agree to EFORCE revealing or divulging the information provided by the Client within EFORCE and EFORCE's agents, suppliers, vendors and service companies, the Client shall write in to EFORCE at the addresses below:-

33-3A, Block C, Jaya One,

No. 72 A, Jalan Universiti,

46200 Petaling Jaya,

Selangor Darul Ehsan,

Malaysia.

e-mail: support@excelforce.com.my

6.3         The Client is agreeable to the disclosure of the Client's personal information to such persons stated therein and as permitted by law.

6.4         Whilst EFORCE is committed to take reasonable care and use its best endeavors to ensure that information transmitted and received is secure the Client acknowledges the risks involved in using the Internet and that EFORCE cannot guarantee the security of the said information and that it may not be accessed by unauthorized third parties. The Client agrees not to hold EFORCE responsible for any loss or damage suffered arising from the disclosures as specified herein.

6.5         Notwithstanding any other provision herein contained, the Client agrees that EFORCE may transfer or disclose any information relating to the Client or the Client's account for the purpose of risk management and compliance or in furtherance of any act contemplated herein:-

6.5.1         to Excel Force MSC Berhad;

6.5.2         to Bank Negara Malaysia, Bursa Malaysia Securities Berhad, Bursa Malaysia Depository Sdn Bhd, Bursa Malaysia Securities Clearing Sdn Bhd and/ or the Securities Commission or any other statutory or regulatory authority to whom EFORCE may be required to make such disclosure;

6.5.3         to EFORCE's auditors, legal counsels and their professional advisers;

6.5.4         to any assignee or potential assignee or other person purporting to enter into contractual arrangements with EFORCE in relation to the services herein or this agreement;

6.5.5         to such other person authorized by you for confidential use in connection with the provision of the services herein (including for data processing, statistical and risk analysis purposes);

6.5.6         pursuant to any written law or order of any court of competent jurisdiction.

7.        CLIENT'S DUTY OF CONFIDENTIALITY.

7.1         In the event the Client receives any material or data containing information where the Client is not the intended recipient, the Client is hereby put on notice that any use, dissemination, distribution or copying of the material or data is prohibited and subject to legal privilege. The Client agrees to delete such material or data and further agrees to notify EFORCE by telephone immediately.

8.        LAW AND JURISDICTION.

8.1         The use of the Mobile Equities Trading Service on this website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia including but not limited to the rules, regulations, directives, guidelines and circulars of Bursa Malaysia Securities Berhad, Bursa Malaysia Depository and the Securities Commission as the same may be amended from time to time and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the Mobile Equities Trading Service on this website may be accessed in other jurisdictions and not restricted to Malaysia.

8.2         The use of the Mobile Equities Trading Service outside of Malaysia is subject to the Exchange Control Act 1953 and the Exchange Control Regulations of the Central Bank of Malaysia, any fiscal or Exchange Control requirements or regulations operating in the country where the transaction is effected or requested.

8.3         The maximum amount of a transaction and the purpose for which it is effected may be determined by Central Bank of Malaysia, Bursa Malaysia Securities Berhad and the laws and regulations of the country in which the transaction is effected or requested.

8.4         The Client hereby agrees that the Client shall be solely responsible for the compliance with all laws applicable to the Client in the Client's jurisdiction in respect of the use of the Mobile Share Trading Service.

9.        SCOPE OF SERVICES.

For the duration of this Agreement, the Company shall provide any or all of the following Services to the Client:-

9.1         Access to real-time price quotes

9.2         Purchase or sale of securities or to cancel or amend orders

9.3         Access to Client's account information

9.4         Access to key Bursa Malaysia Securities Berhad market indicators

9.5         Access to Bursa Malaysia Securities Berhad general news and all public listed company announcement

9.6         Access to Company's information.

Notwithstanding the service mentioned above, the Company may at any time, vary or change the list of services mentioned by adding, withdrawing or suspending any of the services without giving any notice to the Client. Any variation or change imposed by the Company pursuant to this permission shall not in any manner affect the other terms and conditions stated herein.

10.     FEES.

As consideration for the Client's access and utilization of the Mobile Share Trading Service, the Client agrees to pay service and usage fees to EFORCE /Bursa Malaysia Securities Berhad at the sum as notified by the Company to the Client from time to time.

11.     TAXES.

Client shall pay all taxes payable for the use of the Mobile Share Trading Service.

12.     TERMINATION OF RIGHT OF ACCESS.

12.1       Notwithstanding anything herein to the contrary, EFORCE may at any time forthwith terminate this Terms and Conditions without notice to the Client for any reason whatsoever and EFORCE shall not be liable to the Client for any claims, demands, penalties, losses, liabilities, costs, actions, and/ or expenses suffered and/or incurred by the Client out of such termination, save and except that EFORCE shall refund on a probated basis any monthly service fee which had been paid to the Company by the Client in respect of the unexpired period.

12.2       The Client may terminate the Mobile Equities Trading Service by giving notice to the Company whereupon the Company shall, within five (5) market days from the date of receipt of the said notice, do all that is necessary to effect the said termination.

13.     CLIENT'S UNDERTAKINGS, COVENANTS AND OBLIGATIONS.

The Client hereby :-

15.1       undertakes and agrees to abide by :-

15.1.1      the rules and regulations of Bursa Malaysia Securities Berhad (hereinafter referred to as "Bursa Securities"), Bursa Malaysia Depository Sdn Bhd and Bursa Malaysia Securities Clearing Sdn Bhd, the principal statutes namely the Securities Industry Act, 1983, the Securities Industry (Central Depositories) Act 1991 and the Securities Commission Act 1993 and their respective regulations currently in force and as amended from time to time (any one or all of them hereinafter called "the securities laws"); and

15.1.2      any other acts, rules and regulations applicable to the Client; and

15.1.3      all rules, regulations, by-laws, directives, custom, usage and practice of the Bursa Securities, Bursa Malaysia Depository Sdn Bhd and Bursa Malaysia Securities Clearing Sdn Bhd and any other relevant authority and any subsequent new rules or regulations, amendments or revisions that may from time to time be brought into force or imposed;

15.2       declare that information given in the Application for Mobile Trading and herein are true and correct and that the Client has not withheld any material fact or information from EFORCE. The Client authorizes EFORCE to verify in any manner with any third party, the information furnished from time to time as EFORCE deems fit and the Client further undertakes to furnish EFORCE promptly with any such further additional information as EFORCE may require at any time or from time to time;

15.3       declares that the Client is not a bankrupt and no bankruptcy proceedings have been commenced against the Client as at the date hereof and has not defaulted nor is the Client a defaulter on the Bursa Securities list;

15.4       agrees and confirms that EFORCE may in its sole and absolute discretion release or disclose any information given by the Client or with respect to the usage of the services herein to any party to the extent required by law or the relevant authorities or by an order of court of competent jurisdiction; 

15.5       undertake to safeguard any and all user names, passwords or other access codes ("Security Features") provided by EFORCE and EFORCE may rightfully assume that any person using its website ("the Site") with the Client's user name and password is either the Client or authorized to act for the Client. In this regard, the Client agrees that no claims shall be made by the Client or on behalf of the Client in respect of any losses, liabilities, cost and/or expenses incurred as a result of any usage of the Security Features;

15.6       acknowledge that the Client's use of some Links (as defined below) may be governed by additional terms and conditions. In the event the Client chooses to visit or view any other website established by these Links, those additional terms and conditions;

15.6.1      will apply to the Client's use of such Links in addition to these terms and conditions; and

15.6.2      will prevail over these terms and conditions to the extent of any inconsistency but only to the extent of those other websites.

The Client further agrees that :-

15.6.2.1          EFORCE may (in its sole discretion) establish a Link(s) for the Client to access into the Third Party Content (as defined below), which shall be on another website;

15.6.2.2          EFORCE shall at no time be obliged to edit or manage the Third Party Content nor verify the accuracy thereof;

15.6.2.3          EFORCE shall be entitled to exclude any liability in respect of the Third Party Consent by the automatic appearance of any disclaimer to that effect on EFORCE's website;

"Links" means any and all means by which one web page may permit its users/ Visitors to connect to or view another web page, including by creating hypertext, logo or other graphical links or by "framing" the content of the other web page within the window or frame of a browser or other application;

"Visitors" means any visitor, user, subscriber or viewer of EFORCE's website;

"Third Party Content" means any other information or content provided by any other party other than EFORCE on its website;

15.7       agrees that EFORCE shall have the absolute discretion at any time to close or suspend the Client's account without giving any reasons whatsoever.

15.8       acknowledge and agree that the Client will abide by all terms and conditions as may be imposed by EFORCE at any time and from time to time relating to the services herein and EFORCE may in its absolute and sole discretion at any time and from time to time impose or vary such other terms and conditions in its sole and absolute discretion. Upon imposition or amendment being posted by EFORCE on its website, notice of the same shall have been deemed to have been effected to the Client whereupon the Client shall have been deemed to have agreed to and accepted the new or amended terms and conditions imposed by EFORCE which shall be binding upon the Client from the date of posting. The relevant provisions of these Terms and Conditions shall thereafter be deemed to have been amended, modified, supplemented and/ or varied accordingly and shall be read and construed as if such amendments, modification, supplements and/ or variations had been incorporated in and had formed part of these Terms and Conditions at the time of execution hereof.

15.9       represent and undertake that the Client has good title to such securities that the Client may sell through EFORCE and undertake to promptly deliver to EFORCE documents of title (if applicable) in respect of securities sold by the Client or on the Client's behalf;

15.10    undertake to make immediate payment to EFORCE in respect of securities purchased by the Client or on the Client's behalf and to pay an amount in advance or security deposit (if required) for such purchases or in connection with the Client's account;

15.11    authorise EFORCE to carry out such "selling-out" or buying in of securities to clear the Client's account position and indemnify EFORCE in full against all losses, costs and expenses incurred resulting (whether directly or indirectly) from the above transactions executed by EFORCE on behalf of the Client;

15.12    agree and undertake to settle immediately all sums of money due on contra losses or other monies howsoever owing under the Client's account and authorise EFORCE to utilize and set-off any contra profit/ gain or proceeds from any sales or monies due to the Client towards payment or settlement of the Client's liabilities. In this regard EFORCE shall be entitled but not obliged to make any set-off from the Client's account prior to actual payment by the Client to EFORCE of sums owing to EFORCE;

15.13    agree and undertake to pay  to EFORCE promptly interest costs and all charges including late payment charges at such rate(s) determined by EFORCE in its absolute discretion on the outstanding debit balance of the Client's account. The Client shall pay all fees, service fees, commission and other charges relating to the transactions which EFORCE may determine and impose from time to time, including legal fees incurred by EFORCE on a solicitor client basis in the enforcement of any of the Client's obligations and liabilities;

15.14    agree that the Client shall not hold EFORCE or any of its officers, employees or agents responsible or liable for whatever losses incurred as a result of the acts, representations, and or omission of EFORCE dealer's representative in carrying out his/ her duties in connection with the Client's account;

15.15    agree that all orders made through the telephone or the Internet shall be deemed to be confirmed and binding on the Client without any requirement to furnish proof. In this regard, EFORCE may operate the account and execute trades upon receipt of either the Client's oral or written instructions believed  by EFORCE to be authentic of genuine and EFORCE shall not be made responsible or liable for any loss that may result from unauthorised instructions. EFORCE is entitled but not obliged to seek further evidence to confirm or verify the authenticity of any instructions given or purported to be given by the Client, without incurring any liability in that respect;

15.16    agree that EFORCE shall have the right at any time to refuse to act on behalf of the Client, refrain from executing the Client's orders or limit the purchases or sales ordered by the Client without having to disclose any reason whatsoever for EFORCE refusal to act;

15.17    authorise EFORCE to sell or dispose the whole or part of the securities pledged by the Client as collateral at any time without notice to the Client and utilize the proceeds to set off and discharge any or all of the Client's liabilities and obligations due and owing to EFORCE;

15.18    undertake to confirm the accuracy of all personal details and other particulars     within 14 days of notice by EFORCE that the client's account has been opened and in all other cases, promptly as and when requested by EFORCE;

15.19    declare and agree that subject to sub-paragraph (h) above, all communications notices, demands or other documents required to be given or supplied may be given to the Client or the dealer representative by EFORCE's officer, dealer representative or solicitor and all such communications, notices and demands shall be deemed to be validly served if left by hand, or sent by email, telex, facsimile, courier or by post to the Client's address as stated in the application form or the last known address;

15.20    agree that any failure by EFORCE to insist on compliance with any of these undertakings, terms and conditions or any continued course of such conduct by EFORCE shall not be construed as or constitute a waiver or relinquishment generally or specifically by EFORCE of any rights, power, privileges or remedies accruing to EFORCE;

15.21    declare that if any undertakings, terms and conditions herein contained shall be held to be invalid, unenforceable, illegal or otherwise the invalidity, unenforceability and illegality shall not affect or impair the remaining terms and conditions herein;

15.22    acknowledge that all provisions herein together with any liabilities incurred by the Client shall be binding upon the Client's heirs, personal representatives and successors-in-tile;

15.23    confirm that the Client shall not assign any rights, title or interest herein or in relation to the services herein to any party with prior written consent of EFORCE in its absolute discretion;

15.24    agree that at all times to protect the contractual and statutory rights in or to the information furnished under, in relation to or by the services herein and/or EFORCE's website and the Client shall comply with each and every request from EFORCE as EFORCE shall deem necessary, in order to protect such rights.

15.24.1    will apply to the Client's use of such Links in addition to these terms and conditions; and

15.25    agree that Client shall not :-

15.25.1    modify, reproduce or create in any manner any derivative works of any of the content EFORCE's website for use transmission or display on any websites without the prior written consent of EFORCE;

15.25.2    retransmit disseminate sell distribute publish broadcast circulate or commercially exploit the information contained in on or under EFORCE's website in any manner whatsoever without the prior written consent of EFORCE;

15.25.3    use the Client's account or the information contained on EFORCE's website for any illegal purposes or in such manner as to encourage illegal activities.

14.     INTERPRETATION AND CONSTRUCTION

16.1       In these Terms and Conditions of Access, unless it is otherwise provided or unless the context otherwise requires words applicable to natural persons shall include any body, persons, company, corporation, firm or partnership, corporate or otherwise and vice versa;

16.2       If the Client(s) is either a firm or a limited company or other corporation or any committee or association or other unincorporated body, any of the provisions herein contained which are primarily and literally applicable to the case of a single and individual Client(s) or natural person only shall be construed and take effect so as to give EFORCE all rights, remedies, security and powers against the firm and every member thereof, limited company or other corporation or committee or association or other unincorporated body as identical or analogue as may be with or to that which the Client(s) would have had against a single individual person if the Client(s) had been a single individual person and all such rights, remedies, security and powers shall be deemed to be valid, binding and enforceable notwithstanding any defect informality or insufficiency in the powers of the Client(s) or in the exercise thereof which might be a defense as between the Client(s) and EFORCE. In the case of a limited company or other corporation, any reference to bankruptcy or death shall be deemed to be a reference to liquidation, winding-up or other analogous proceedings.

IMPORTANT

"THE ABOVE COMPRISES NOTICE OF LEGAL TERMS OF ACCESS, DISCLAIMERS AND RESERVATION OF INTELLECTUAL PROPERTY RIGHTS AND OTHER TERMS AND CONDITIONS WHICH APPLY TO THE CLIENT'S ACCESS TO EFORCE'S WEBSITE AND USING THE SERVICES, THE CLIENT AGREES TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION."