Terms of Use (Website)
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE -http://www.linergypowertech.com/(HEREINAFTER “WEBSITE'”). THESE WEBSITE TERMS OF USE (HEREINAFTER “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS TERMS OF USE.
USER ELIGIBILITY
The Website is provided by LINERGY and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law.
SCOPE OF TERMS OF USE
These Terms of Use govern Your use of the Website and all applications, software and services if applicable (collectively known as "Services") available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Website ("Service Agreement(s)"). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith where applicable.
MODIFICATIONS
LINERGY may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of LINERGY. LINERGY may also change or impose fees for products and services provided through the Website at any time, at its sole discretion. LINERGY may establish or change, at any time, general practices and restrictions concerning other LINERGY products and services at its sole discretion.
LINERGY PRIVACY NOTICE
By entering the Website, You acknowledge that You fully understand the contents, agree unconditionally with all the terms and conditions and hereby grant all such consents stipulated in the Linergy Personal Data Protection Policy.
LICENCE AND OWNERSHIP
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of LINERGY, its affiliates or third parties. The Content is protected by Intellectual Property and other laws in Malaysia. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name ("Marks") of LINERGY, its affiliates or other entities that have granted LINERGY the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of LINERGY. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without LINERGY's prior written permission or that of an appropriate third party. Except as expressly provided herein, LINERGY does not grant to You any express or implied rights to the Intellectual Property of LINERGY or that of any third party.
LINERGY hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Website, Content and Services only in the manner presented by LINERGY, and (b) access and use the LINERGY computer and network services offered within the Website (the "LINERGY Systems") only in the manner expressly permitted by LINERGY. Except for this limited license, LINERGY does not convey any interest in or to the LINERGY Systems, information or data available via the LINERGY Systems (the "Information"), Content, Services, Website or any other LINERGY property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of LINERGY. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by LINERGY.
RESTRICTIONS ON USE OF THE WEBSITE
In addition to other restrictions set forth in these Terms of Use, You agree that:
· You shall not disguise the origin of information transmitted through the Website.
· You will not place false or misleading information on the Website.
· You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by LINERGY.
· You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
· Certain areas of the Website are restricted to customers of LINERGY.
· You may not use or access the Website or the LINERGY Systems or Services in any way that, in LINERGY's judgment, adversely affects the performance or function of the LINERGY Systems, Services or the Website or interferes with the ability of authorised parties to access the LINERGY Systems, Services or the Website.
· You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of LINERGY.
LINKS
Outbound Links. The Website may contain links to third-party websites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by LINERGY of the content of such Linked Sites. LINERGY makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. LINERGY shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
Inbound Links. Linking to any page of the Website other than to https://Linergy.com.my/ through a plain text link is strictly prohibited in the absence of a separate linkage agreement with LINERGY. Any website or other devices that link to https://Linergy.com.my/ or any page available therein is prohibited from
· replicating Content,
· using a browser or border environment around the Content,
· implying in any fashion that LINERGY or any of its affiliates endorse it or its products,
· misrepresenting any state of facts, including its relationship with LINERGY or any of the LINERGY affiliates,
· presenting false information about LINERGY products or services, and
· using any logo or mark of LINERGY or any of its affiliates, without express written permission from LINERGY
TERMINATION
You agree that LINERGY, at its sole discretion, may terminate or suspend Your use of the Website, the LINERGY Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately
· discontinue Your use of the Website, and
· destroy any copies You may have made of any portion of the Content. Accessing the Website, the LINERGY Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that LINERGY shall not be liable to You or to any third party for any termination or suspension of Your access to the Website, the LINERGY Systems, Information and/or the Services.
WARRANTY
LINERGY MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE LINERGY SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEBSITE, THE LINERGY SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. LINERGY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. LINERGY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE LINERGY SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY LINERGY IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT LINERGY IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, LINERGY SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LINERGY, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE LINERGY SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT LINERGY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole discretion of LINERGY, negatively reflect on the goodwill or reputation of LINERGY and You shall take no action which might cause LINERGY to be in breach of any laws, rulings or regulations applicable to LINERGY.
You agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under Malaysia or other applicable export control laws or regulations. If You access and download the Content or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
GOVERNING LAW AND JURISDICTION
To the fullest extent permitted by law, these Terms of Use are governed by the laws of Malaysia and courts in Malaysia will have exclusive jurisdiction.
GENERAL
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.
Other Disclaimers
I. All the contents and materials in the LINERGY Website (“www.Linergy.com.my”) are protected by copyright, trademark, patent, industrial design and other applicable intellectual property and proprietary right laws and owned, controlled by and/or licensed to the LINERGY and/or its related companies (hereinafter collectively referred to as "LINERGY").
II. You may download any of the contents or materials from the LINERGY Website for your personal use but will make no other use of the contents or materials without the express written permission of LINERGY or its authorised officers. You will not make any changes to the contents or materials that you download, and you agree that you do not acquire any ownership rights in any downloaded contents or materials. You will not reproduce, dissipate, modify, publish, distribute, transmit, transfer, sell, create derivative works, or in any way exploit any of the contents or materials, in whole or in part, found on the LINERGY Website. You will use the LINERGY Website and any contents or materials therein solely for lawful purposes.
III. Whilst LINERGY endeavours to ensure that the contents and materials included in the Linergy Website are accurate, reliable and complete, neither Linergy nor its directors, officers, employees and agents warrant, represent or guarantee the accuracy, reliability and completeness of the contents and materials included in the Linergy Website. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement and no reliance upon any parts or omission thereof by you shall give rise to any claim, action, proceedings, damages, cost and expenses whatsoever against Linergy, its directors, officers, employees and agents. To the fullest extent permitted by applicable law, in no event will LINERGY, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages.
IV. To the extent permitted by applicable law, you will defend, indemnify and hold LINERGY, its directors, officers, employees and agents harmless from and against all claims, liabilities and expenses arising out of your use of the LINERGY Website or your breach of any provisions herein.
V. If you do not agree to or are not satisfied with the provisions herein, the LINERGY Website or the contents or the materials therein, your sole and exclusive remedy is to discontinue your use of the LINERGY Website. LINERGY reserves the right to forthwith modify, add, remove, or amend any or all of the provisions herein or any or all of the contents or materials in the LINERGY Website at any time at its absolute discretion without prior notice.