a)Welcome to Haier Electrical Appliances (Malaysia) Sdn Bhd website (the “Site”). These Terms of Use (the “Terms”) govern your access and use of the Site and any information, functions and services made available at the Site (“Services”). Please read carefully the Terms and the Privacy Notice before using this Site and/or the Services. By accessing the Site and/or using the Services, you give your irrevocable acceptance of and consent to these Terms and any amendments to the foregoing issued by us from time to timeand the processing of your personal data as described in the Privacy Policy. If you do not agree to the Terms and the Privacy Policy, please discontinue your access and/or use of this Site and/or the Services.
b)If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to access the Site and/or using the Services.
c)The Terms stated herein constitute a legal agreement between you and Haier Electrical Appliances (Malaysia) Sdn Bhd [Company No.: 200201027039 (594702-A)] (“Haier”).
d)Haier reserves the right, to change, modify, add, suspend or remove all or portions of these Terms at any time or upon notice by local laws. These changes shall be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
2. USER SUBMISSIONS
a)To the extent permitted by law, any material, information or idea that you submit to the Site and/or provide to us (except those covered under our Privacy Policy) shall be considered that you have granted us a non-exclusive license to use, copy, disclose, distribute, incorporate and otherwise use them for any purposes whatsoever,including but not limited to, broadcast, publication, reproduction, transmission, developing, manufacturing and marketing products.
b)You are prohibited from submitting any defamatory, libellous, obscene, pornographic, threatening, unlawful, and/or other materials that would violate any law to the Site.
3. DISCLAIMERS
a)The Services made available at the Site are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Haier of any kind either expressed, implied or statutory with respect to the Site and/or the Services, including but not limited to, warranties of merchantability, satisfactory quality or fitness for a particular purpose or non-infringement of third-party rights.
4. LIMITATION OF LIABILITY
a)For the best user experience, Haier shall with best endeavours but not obliged to keep the Site and/or the Services available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, shall be corrected, or that this Site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
b)In no event Haier or any of its respective directors, employees, officers, agents, contractors and assigns shall be liable to you for any losses whatsoever or howsoever caused arising directly or indirectly in connection with:
i.any access, use and/or inability to access, use the Site or the Services by any party;
ii.reliance and act on the Services made available through the Site without first independently verifying its contents; and
iii.any failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros of the system or server of the Site.
c)You acknowledge and accept that the entire risk arising out of the use or performance of the Site and/or the Services remains with you to the maximum extent permitted by applicable law and we shall not be liable therefore.
5. LINKS TO THIRD PARTY SITES
a)Our Haier website may contain links to other sites. Haier will not be held responsible for the contents, actions, accuracy, privacy, policies, opinions expressed, services provided, or other links provided by such third-party sites. Please refer to the Terms of Use of the others linked website for your further information.
6. TERMINATION
a)Haier reserves the right, in its sole discretion, to terminate your access and use of the Site and the Services in whole or in part without notice if Haier found that you have breached any of the Terms herein. If you are dissatisfied with the Site and/or Services, your sole and exclusive remedy is to discontinue your access and/or use of this Site and/or the Services.
7. INTELLECTUAL PROPERTY
a)All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. All rights are reserved.
b)Except with our prior written permission, no part or parts of the Site may be reproduced, copied, downloaded, displayed, posted or transmitted used in whole or part in any form or by any means for any purposes.
8. APPLICABLE LAW AND JURISDICTION
a)These Terms shall be interpreted and governed by the laws in Malaysia. Should there be any inconsistency between the terms and conditions and the laws of Malaysia, the laws of Malaysia shall prevail, without prejudice to the rights of both parties.
b)Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts in Kuala Lumpur, Malaysia.
c)Notwithstanding the foregoing, Haier reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
