Terms Of Use

Disclaimer / Indemnity

By entering and using the services provided by Koridor Utiliti Sabah (KUS) , you agree to the following:

In consideration of the provision of the Koridor Utiliti Sabah (KUS) (including any new services provided from time to time) and notwithstanding any other agreement of Koridor Utiliti Sabah (KUS) and you or an owner of underground assets (Member/Participant) to the contrary or any representation of Koridor Utiliti Sabah (KUS) to the contrary, you acknowledge that, to the maximum extent permitted by law, Koridor Utiliti Sabah (KUS), its employees, agents, contractors and consultants are not responsible for any actions, liabilities, losses, damages, costs, claims or expenses arising in respect of personal injury, death or any damage to or loss of any property (including a users or Member’s/Participant’s assets) or otherwise, including without limitation any special, incidental, consequential, indirect or punitive damages, costs, expenses or losses of any kind, loss of profit (whether direct or indirect), loss of revenue, loss of management time, opportunity costs, failure to realise anticipated savings or financial loss in any way arising out of or in relation to the service. The provisions of this disclaimer shall apply regardless of the cause of action whether in contract, tort (including negligence) or otherwise. Without limiting the above, Koridor Utiliti Sabah (KUS), its employees, agents, contractors or consultants are not responsible to any person for:

1. the currency, accuracy or completeness of information supplied by any Member/Participant to Koridor Utiliti Sabah (KUS) which may include information indicating the general location of its “fields of interests”, being locations where the Member/Participant has underground assets;
2. the currency, accuracy or completeness of information received by Koridor Utiliti Sabah (KUS) from any user of the Services as to proposed excavation activity;
3. any delays in respect of the delivery or supply by Koridor Utiliti Sabah (KUS) of information sought, as Koridor Utiliti Sabah (KUS) is reliant on the user and/or the Member/Participant to provide such information requested in a timely manner.

To the maximum extent permitted by law, Koridor Utiliti Sabah (KUS) specifically excludes any conditions, terms or warranties that may be implied to, or in respect of, the provision of these Services, and to the extent that any such condition, term or warranty or liability cannot be excluded, Koridor Utiliti Sabah (KUS) liability for breach of such implied term, condition or warranty is limited to the resupply of the Services provided by Koridor Utiliti Sabah (KUS), or the payment of the reasonable cost of having the Services supplied again.

You expressly acknowledge and agree that Koridor Utiliti Sabah (KUS) does not maintain information regarding underground or above the ground assets and that there are owners of underground assets which do not participate in the referral service operated by Koridor Utiliti Sabah (KUS). Therefore you agree that Koridor Utiliti Sabah (KUS) cannot, and does not, make any representations or warranties as to the accuracy, reliability or completeness of the information provided in response to an enquiry and that Koridor Utiliti Sabah (KUS) will only inform the Member/Participant of enquiries in accordance with these terms.

You agree to indemnify Koridor Utiliti Sabah (KUS), its employees, agents, contractors and consultants against all liabilities, costs, claims, expenses or loss (including without limitation any special, incidental, consequential, indirect or punitive damages, costs, expenses or losses of any kind, loss of profit (whether direct or indirect), loss of revenue, loss of management time, opportunity costs, failure to realise anticipated savings or financial loss) suffered by Koridor Utiliti Sabah (KUS), its employees, agents, contractors or consultants arising from:

1. any incorrect or incomplete information provided to Koridor Utiliti Sabah (KUS) or the failure to provide information to Koridor Utiliti Sabah (KUS); and
2. the failure to use or correctly or accurately interpret information supplied to you by the Member/Participant.
3. Your may only use this Service for the purposes for which Koridor Utiliti Sabah (KUS) intended. Koridor Utiliti Sabah (KUS) reserves the right to deny your access to the Service for any reason, including for misuse of the Service