PRIVACY POLICY AND TERMS OF USE

PRIVACY POLICY

INTRODUCTION

Chmiel Global Advisory Sdn. Bhd. (CGA) is committed to protecting your privacy. Please read this Privacy Policy carefully to learn more about how we collect and use your information. This Privacy Policy when read together with the Terms of Use governs your interactions with the CGA Website and/or the CGA Services, as well as your professional interactions with CGA. By interacting with the CGA Website and/or the CGA Services, submitting information to Us or signing up for any services offered by Us, you agree and consent to CGA, as well as our respective representatives collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to our authorised service providers and relevant third parties in the manner set forth in this Privacy Policy.

DEFINITIONS

The following expressions shall, unless the otherwise expressly stated, bear the following meaning:

CGA, Our, Us, We refers to Chmiel Global Advisory Sdn. Bhd. and its Related Corporation(s).

CGA Services means any services and/or products and/or a combination of both provided by CGA, our Related Corporation(s), authorised agents, authorised affiliated partners or associates and shall include all of our services and activities owned, operated, provided, or made available by CGA or any of its Related Corporations. Any references to “CGA Services” in this Privacy Policy shall mean all of the CGA Services or any of them as the context requires.

CGA Systems means all online platforms and any other platforms maintained and operated by CGA where CGA provides services.

CGA Website means www.chmiel.my and any other websites or other web address(es) as may be used and/or adopted by CGA from time to time.

Non-PII means any information that cannot be used to identify a particular individual.

Personal Data means any data or information which either jointly with other data or on its own can be relating directly or indirectly about you (or any person) from which you (or such person) can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access including any sensitive personal data and expression of opinion about you.

Privacy Policy shall mean this policy and shall include all such further and future amendments.

Process, Processing shall mean any dealings by Us with the Personal Data including but without limitation to the collection, recording, holding, storing, use and disclosure of the Personal Data and shall further include, but not be limited to, the organisation, adaptation, alteration of the Personal Data, the access to, retrieval, consultation or use of the Personal Data, the disclosure of the Personal Data by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or the destruction of the Personal Data.

Related Corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control., which has agreed to comply with the terms of this Privacy Policy.

A reference to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa.

A reference to you or the user is a reference to a user of any of the CGA Website and/or the CGA Services.

HOW MAY WE COLLECT YOUR INFORMATION?

We may collect your information in various ways including but not limited to those described below. If you wish to stop and/or prohibit us from collecting your Personal Data, we will no longer be able to provide the relevant CGA Services to you.

During any signing-up/engagement/registration process – any personal information provided by you if you sign up or register for anything on the CGA Website and/or engage CGA to provide the CGA Services and whether by way of telephone conversation, online submission, or through the CGA Website and/or any other mode of communication.

From your use of the CGA Website and/or the CGA Services – when using the CGA Website and/or receiving the CGA Services we may ask you, among other things, to provide your Personal Data such as your mobile number or other unique identifiers. In addition to this Personal Data and in accordance with applicable law, we and/or our third-party service providers may use a variety of technologies that automatically (or passively) collect certain Personal Data and Non-PII wheneveryou visit or interact with the CGA Websit.. Such information may include the browser that you are using, the IP address of your device, areas of the CGA Website that you visit, time of the day of your visit. In addition, tracking information may be collected as you navigate or use the CGA Website.

Use of “Cookies” – some information will be gathered through the use of “cookies”. “Cookies” are small bits of information that are automatically stored on a person’s web browser. We use cookies to enhance your experience visiting our sites, for example, cookies allow CGA to save preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us to collect anonymous click stream data for tracking user trends and patterns. The use of “cookies” is common in most websites. If you wish, you may reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. Please take note that areas of certain sites will not function properly if you set your browser to not accept cookies.

You should be aware that CGA cannot control the use of cookies (or the resulting information) by third-parties and use of third-party cookies is not covered by this Privacy Policy.

Use of Web Beacons and other Technologies – small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) or other similar technologies may be included in our website and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages. Web beacons or similar technologies help us to better manage content on the CGA Website.

Embedded Scripts – an embedded script is programming code that is designed to collect information about your interactions with the CGA Website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the CGA Website and is deactivated or deleted thereafter.

Social Media and Widgets – the CGA Website may include social media features, such as the Facebook Like button, Twitter, Pinterest, Google+, and widgets such as a “Share This” button, or interactive mini-programs. These features may collect your IP address, which page you are visiting on our CGA Website and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or may be hosted directly on the CGA Website. We have no control over such linked sites, applications and widgets and we cannot accept responsibility for the conduct of such company(ies). Your interactions with these features and widgets are governed by the privacy policy of the company(ies) providing them. Before disclosing your Personal Data on any other website or using these applications or widgets we advise you to examine the terms and conditions of using that website and the relevant third-party’s data collection practices and control in their respective privacy policies.

Marketing Communications & Postings – We may collect your Personal Data through direct communications with you (including by way of SMS, MMS, any form of text, e-mails, telephone conversations and any other mode of telecommunications) and when you respond to requests from us (such as contests, questionnaires or surveys). We may also collect and process any postings/views/comments/opinions from you which you may post on the CGA Website. The Personal Data will be collected with your knowledge and consent and is provided by you voluntarily. If you do not agree to this information being collected and used by us then you should not provide or post it, which in turn means that you may not be able to participate in or receive the full benefit of such communications, contest, polls, questionnaires or surveys.

Non-PII –Specific or aggregate information may be collected to help maintain accurate accounts, assist in marketing of our products and services and to help make our websites more useful to you. CGA may provide aggregated statistical information about user behaviour to reputable third parties. For avoidance of doubt, such information collected or collated as part of a statistic, is not Personal Data.

HOW WE MAY PROCESS PERSONAL DATA

Your Personal Data may be processed for various purposes, including but not limited to the following purposes:

to provide the CGA Website and CGA Services to you;

to contact you, manage any account you may have with us and to promote and market to you (including but not limited to by way of direct mail, SMS, MMS, any form of text, e-mail and/or any other mode of telecommunications) other services or products provided by us or our Related Corporation(s) and/or strategic partners, products, services, promotion, special offers of third parties whose products and services we think may be of interest to you;

to locate you;

to help us to monitor and improve the performance of our services;

to maintain and develop our services, business systems and infrastructure, including testing and upgrading of the system;

to gain an understanding of you in order for us to enhance our services or to improve your overall experience in using the CGA Website and/or the CGA Services;

to conduct research and development and statistical analysis in connection with the CGA Website and/or the CGA Services and to identify your needs, preferences and market trends;

to investigate and resolve any service issues, complaints or other enquiries regarding the CGA Website and/or the CGA Services;

to detect and prevent fraudulent or criminal activity;

to comply with any law, rule or regulation to which we are subject;

to verify your identity and to conduct background checks and/or credit worthiness checks on you (if required);

any other uses to which you have explicitly consented; and

such other uses as we may deem reasonably necessary to provide the CGA Website and/or the CGA Services.

We may also use certain de-identified and aggregated data about our clients for our internal data analytics purposes. CGA has a legitimate business interest to use the Personal Data we collect from you to provide such requested services and in order to be able to service our clients better. With your consent, we may send you information or services or a promotional nature that we consider may be relevant to you.

TRANSFER AND STORAGE OF PERSONAL DATA OVERSEAS

Please note that all of your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country. When you provide us with your Personal Data, you also consent to your Personal Data being transferred overseas.

We may also share your Personal Data with our service providers and other third parties located outside of the country in which you reside so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services. As these entities are located outside of the country in which you reside, the legal framework in relation to personal data protection or privacy protection may vary in degree in different countries/jurisdictions.

DISCLOSURE TO THIRD PARTIES AS DATA CONTROLLER

Your Personal Data or non-PII may be disclosed to third parties, including but without limitation to the following persons:

any of our Related Corporation(s);

any person engaged/contracted/appointed by us (including, but not limited to, our employees, workers, staff, shareholders, directors, agents, contractors, business or strategic partners or associates) to facilitate the performance and provision of the CGA Services and/or any other purpose which is necessary or related to the provision of the CGA Services to you which may include but not be limited to:

any advertising partners to help us market our services and provide you with other offers that may be of interest to you;

any analytics partners to provide analytics on web traffic or usage of the CGA Services;

any service providers which may include hosting, technology and communication providers, support and customer service vendors

if you have subscribed to a service through the operating system on your mobile device (including, but not limited to Google’s “Google Assistant” service), we may disclose information such as your search history to Google. You can opt out of us providing such information to Google through the operating system on your mobile device;

payment channels including but not limited to financial institutions;

any advertising partners to help us market our services and provide you with other offers that may be of interest to you;

any analytics partners to provide analytics on web traffic or usage of CGA Services;

any person for the performance of a contract to which you are a party;

any person as required by law, rule or regulation to which we are subject;

any person for the assessment or collection of any tax or duty or any other imposition of a similar nature;

any person for the purpose of responding to services or technical issues;

our professional advisors on a need to know basis for the purpose of those advisors providing advice to us;

any person which acquires all or part of the assets or business of CGA or its Related Corporations;

any person when there is a complaint, dispute or conflict, including an accident;

any person in order to enforce the Terms of Use governing your use of the CGA Website and/or the CGA Services;

any person if it is necessary, in our sole discretion, to protect the safety, rights, property or security of CGA or its Related Corporations, the CGA Website and/or the CGA Services or any third party;

any person in order to detect, prevent or otherwise address fraud, security or technical issues and/or to prevent or stop any activity which in our sole discretion is deemed to be illegal, unethical, unlawful, or poses a serious risk to the society in general; and

otherwise as permitted under the applicable law.

YOUR OBLIGATIONS

You are responsible for updating your Personal Data with us and you hereby confirm that all Personal Data furnished to us is true, accurate, complete, not misleading and kept up-to-date at all times. You shall immediately report and notify us in the event of any error or necessary update in the Personal Data which you have submitted and/or provided to us and/or otherwise collected by us whether through your usage of the CGA Website and/or the CGA Services or otherwise.

If you do not wish to receive certain information from us whether via SMS, MMS, or any form of text, e-mail or otherwise you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.

We shall not be responsible for any Personal Data made available by you on any third-party sites which may have a link on the CGA Website or the CGA Services.

SECURITY

We take reasonable precautionary measures to safeguard your Personal Data against loss, theft, unauthorised access, or use. However, please note that we cannot guarantee the security of your Personal Data and we do not assume or accept any liability for any improper access or use of it or any theft or loss of it.

YOUR DECLARATION

BY AGREEING TO THIS PRIVACY POLICY AND/OR BY REGISTERING FOR OR CONTINUING TO USE THE CGA WEBSITE AND/OR THE CGA SERVICES, YOU ACCEPT AND AGREE TO YOUR PERSONAL DATA BEING COLLECTED, PROCESSED AND DISCLOSED BY US AS SET OUT IN THIS PRIVACY POLICY.

PLEASE TAKE NOTE THAT YOU MAY REFUSE TO PROVIDE US WITH ANY PERSONAL DATA AND TO TERMINATE YOUR RELATIONSHIP WITH CGA AT ANY TIME.

YOUR RIGHTS

Right to be informed & right to access: You are entitled to make a written request to us for information of the Personal Data that is being processed by or on behalf of CGA upon payment of a prescribed fee. You may also request for a copy of the Personal Data upon payment of a prescribed fee.

Right to correct your Personal Data: You may also request for correction and/or modification in relation to any of your Personal Data. If you are concerned with the confidentiality of any information given or you wish to correct any Personal Data provided by you to us, kindly contact us at info@chmiel.my.

Right to prevent processing for direct marketing purpose: If you do not wish to receive certain information from us whether via SMS, MMS, or any form of text, e-mail or otherwise you shall notify us at info@chmiel.my and request to be excluded from such services or click the “unsubscribe” link at the bottom of any marketing email, failing which you shall deemed to have accepted the services.

Right to prevent processing of data likely to cause distress & right to withdraw consent: You are entitled to inform us in writing should you wish us to stop processing your data but we may not be able to provide the CGA Services to you.

AMENDMENTS TO THIS PRIVACY POLICY

CGA reserves all rights to amend, modify, vary, terminate, delete and/or add any part or all of this Privacy Policy at any time and from time to time and any notice in relation to any such amendment, modification, variation, termination, deletion and/or addition shall be posted on the CGA Website. Your continued usage of any CGA Website and/or the CGA Services after being notified of any changes to this Privacy Policy shall be deemed to be an agreement by you to such changes. If you do not agree to any such changes, you may terminate any agreement between you and CGA in relation to your use of the CGA Website and/or the CGA Services.

CONFLICT

If there is any conflict in any different language versions of this Privacy Policy, this English version shall prevail.

LAW AND JURISDICTION

These Privacy Policy, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Privacy Policy (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Privacy Policy will be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (the SIAC Rules) and the SIAC Rules are deemed incorporated into these Privacy Policy by reference.

TERMS OF USE

1. INTRODUCTION

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the CGA Website and/or the CGA Services. These Terms of Use and our Privacy Policy form the basis on which you may access and use the CGA Services including the CGA Website. By using the CGA Website and/or the CGA Services you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the CGA Website and/or the CGA Services immediately.

2. DEFINITIONS

The following expressions shall, unless the otherwise expressly stated, have the following meaning:

Agreement means these Terms of Use.

Confidential Information means any information, whether oral or written, relating to the business of CGA or any of its Related Corporations.

Related Corporations means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.

CGA, Our, Us, We refers to Chmiel Global Advisory Sdn. Bhd. and its Related Corporation(s).

CGA Systems means all online platforms and any other platforms maintained and operated by CGA where CGA provides services.

CGA Website means www.chmiel.my and any other websites or other web address(es) as may be used and/or adopted by CGA from time to time.

A reference to you or the user is a reference to a user of any of the CGA Website and/or the CGA Services.

3. AGREEMENT

By using the CGA Website and/or the CGA Services, you accept these Terms of Use and the the Privacy Policy and these Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and CGA.

We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms of Use on the CGA Website and/or the CGA Services (as relevant). All changes are effective immediately and your continued use of the CGA Website and/or CGA Services after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. We reserve the right to refuse to provide our products and services to anyone at any time.

4. USER WARRANTIES, ACKNOLWEDGEMENTS AND UNDERTAKINGS

By using the CGA Website and/or the CGA Services, you hereby acknowledge, represent and warrant that you: are at least eighteen (18) years of age; and have read and fully understood all the terms and conditions contained herein and the Privacy Policy.

You undertake to fully comply with the Terms of Use.

You undertake to ensure that the mobile phone/device and/or computer used by you to access the CGA Website and/or the CGA Services is legally owned, possessed or used by you at all times and you undertake not to allow any person other than you to access or manipulate the CGA Website and/or the CGA Services using your mobile phone, device and/or computer.

You undertake to only use the CGA Website and/or the CGA Services for lawful purposes and the purpose for which it is intended.

You acknowledge that all software programming contained in the CGA Website (the Software) is owned by or licensed to CGA and that any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software would infringe the intellectual property rights of CGA or a third party licensor.

You acknowledge that content which is displayed or performed or available on or through the CGA Website and the CGA Services, including, but not limited to, videos, text, graphics, data, articles, photos, images, illustrations and so forth (“Content”) is protected by copyright and/or other intellectual property laws and you agree not to copy, distribute, modify or store such Content.

You undertake not to: (i) modify, translate, create or attempt to create derivative copies of or copy of the Software; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the CGA Website; (iii) use the CGA Website in any way that violates these Terms of Use; (iv) disable, bypass, circumvent, or interfere with any digital rights management, security or access control mechanisms; and (iv) use the CGA Website and/or the CGA Services in any manner which would infringe the intellectual property rights of CGA, any of its Related Corporations or any third party.

You agree that you will not when using the CGA Website and/or the CGA Services: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information available through the CGA Website and/or the CGA Services; or (c) attempt to gain unauthorised access to other computer systems through the CGA Website. You agree that you will not use the CGA Website in any manner that could damage, disable, overburden or impair the CGA Website or interfere with any other party’s use and enjoyment of the CGA Website.

You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid (the Marks) contained on or in the CGA Website and/or the CGA Services (save and except for any marks of advertisers) are owned by CGA. You undertake not to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks without the prior written consent of CGA. You further undertake never to claim ownership or rights to the Marks.

You acknowledge that the CGA Website and/or the CGA Services may contain links to websites operated by third parties (Third Party Websites). You further acknowledge that CGA does not have any influence or control over the Third Party Websites and is not responsible for such Third Party Websites. You are advised to check the terms of use and privacy policies of such Third Party Websites.

You acknowledge that some of the CGA Services may be provided in conjunction with third parties (the Joint Services) and that Content is made accessible by such third parties. You acknowledge that these third parties will have their own terms of use and policies in relation to data privacy. CGA has no control over or shall not be responsible for any terms of use or policies of such third parties. CGA accepts no liability for any breaches of the terms of use or privacy policy you may have entered into with such third parties in respect of the Joint Services.

You acknowledge that the CGA Website and/or the CGA Services are provided on a reasonable efforts basis only and that CGA shall not be liable for any unavailability or malfunction of the CGA Website for any reason.

5. INDEMNITY

You agree to fully indemnify, release, defend and hold CGA and its Related Corporations and its or their officers, directors, employees, affiliates, agents, licensors and representatives harmless from and against all claims, demands, lawsuits, liability, loss, judgments or other expenses (including, but not limited to, legal fees) suffered or incurred by CGA arising, directly or indirectly, from: (i) your use of (or failure to use) the CGA Website and/or the CGA Services; (ii) any reliance on the contents of the CGA Website or the CGA Services; (ii) your breach of the Terms of Use; (iii) your unauthorised use of the Software or the Marks; and (iv) any improper, unauthorised or illegal uses of your mobile phone/device and/or computer used by you to access the CGA Website and/or the CGA Services.

6. CGA’s RIGHTS

CGA may modify, suspend, discontinue or restrict the use of any portion of the CGA Website without notice or liability to you.

CGA has the absolute discretion and right to reject any person from using the CGA Website and/or the CGA Services or any part thereof.

CGA reserves the right not to permit you access to the CGA Website or the CGA Services should your device not be compatible or authorised.

7. CGA DISCLAIMERS

We do not warrant that the CGA Website will be available and accessible to you at all times.

We make no warranty as to accuracy or reliability of any information, advice, opinion, statement on the CGA Website and/or during the provision of the CGA Services.

CGA accepts no liability for any third party content which may be available on the CGA Website or provided by a third party as part of the CGA Services. CGA also accepts no liability for any feedback, comments, suggestions, sharing, distribution and republication of any information available on the CGA Website and/or the CGA Services.

Nothing contained in the CGA Website and/or the CGA Services shall be construed as an inducement to enter into any contractual arrangement with CGA or any of its Related Corporations or any third parties.

CGA and its Related Corporations and each of our directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from the CGA Website and/or the CGA Services.

You expressly agree that use of the CGA Website and/or the CGA Services and reliance on its content is at your own risk. CGA does not make any representations or warranties of any kind regarding the CGA Website and/or the CGA Services, the Software, the content, or the results that may be obtained from use of any of the foregoing. The CGA website and/or the CGA Services are provided on an “as is, as available” basis, and CGA specifically disclaims any and all express or implied warranties.

You release and hold us harmless from any and all liability arising from your use of any Third-Party Website or Joint Service.

All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.

8. LIMITATION OF LIABILITY

CGA and its Related Corporations and its respective directors, employees, agents, affiliates and licensors shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, or any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any loss resulting from or caused by the CGA Website and/or the CGA Services (and the content therein), the Software, the Marks or these Terms of Use (including, without limitation, damages resulting from negligence) and/or any suspension, cancellation or termination or refusal of your use of the CGA Website, and/or the CGA Services or any content or material thereof. CGA will not be responsible for any losses arising out of the unauthorised use of your mobile phone/device and/or computer to access the CGA Website and/or CGA Services.

9. CONFIDENTIALITY

You agree to keep the Confidential Information confidential and not to disclose it to any third parties without the prior written consent of CGA.

CGA shall keep the Confidential Information confidential but it may disclose such Confidential Information to its Related Corporations and its directors, agents, employees, advisors, shareholders, banks, investors or any third party who acquires the business or assets of CGA in whole or in part.

10. MISCELLANEOUS

These Terms of Use, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms of Use (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Terms of Use will be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (the SIAC Rules) and the SIAC Rules are deemed incorporated into these Terms of Use by reference.

Any term, condition, provision or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, provision or undertaking herein contained.

Failure by CGA to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and CGA.

CGA may assign or novate all or part of our rights under these Terms of Use provided we ensure that your rights under these Terms of Use are not prejudiced. You may not assign or novate your rights or liabilities under these Terms of Use without our prior written consent.