|
Welcome! You have entered the website owned and operated by Zicomatics
(“Zicomatics.com.my ”), identified by the URL Zicomatics.com.my
(the "Site"), but before proceeding further please read carefully the
following Terms and Conditions of Use which will govern your use of the Site
(”Terms and Conditions” which expression shall include any modification that
may from time to time be made thereto by Zicomatics.com.my ). By using the
Site or by placing an order through the Site you agree to and accept all these
Terms and Conditions and therefore have entered into an agreement with Zicomatics.com.my
governing your use of the Site. In addition, when you use any current or future Zicomatics.com.my
service(s), you also will be subject to the guidelines and conditions applicable
to such service or business.
USE OF SITE ACCESS
Zicomatics.com.my grants you a limited non-exclusive license to access and
make personal and non-commercial home use of this Site. As such, you cannot
download the Site (other than page caching) or modify the Site or its contents
or any portion of the Site or any of its contents, except with the prior written
consent of Zicomatics.com.my . This license does not include any rZicomatics
or commercial use of this Site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this Site or
its contents; any downloading or copying of account information for the benefit
of another merchant and/or user; or any use of data mining, robots, or similar
data gathering and extracting tools. This Site or any portion of this Site may
NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without prior express written consent of Zicomatics.com.my
. You may not frame or utilise framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of Zicomatics.com.my and the Site without Zicomatics.com.my
’s prior express written consent. You may not use meta tags or any other
"hidden text" utilising Zicomatics.com.my and the Site’s name
or trademarks without the prior written consent of Zicomatics.com.my . Any
unauthorised use automatically terminates the permission or license granted by Zicomatics.com.my
.
You are granted a limited, revocable, and non-exclusive right to create a
hyperlink to the homepage of the Site so long as the link does not in any manner
whatsoever or howsoever portray or depict the Site, or its products or services
in false, misleading, derogatory, obscene or otherwise offensive light or
manner. You may not use any Zicomatics.com.my logo, the Site logo or other
proprietary graphic or trade mark as part of the link without Zicomatics.com.my
’s prior express written consent.
YOUR PARTICULARS
When you register with Zicomatics.com.my , you agree to (i) provide true,
accurate, current and complete information about yourself as prompted by the
Order form (the "Order Data") and to (ii) maintain and promptly update
the Order Data to keep it true, accurate, current and complete. You are
responsible for maintaining the confidentiality of your Order Data or passwords
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your particulars. Zicomatics.com.my
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Terms and Conditions. If you are under 18 years of age, you
can use the Site only with involvement of a parent or guardian. Zicomatics.com.my
reserves the right to refuse service, remove or edit content, or cancel orders
at its sole discretion.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
TERMINATION
You agree that Zicomatics.com.my , at its sole and absolute discretion,
may terminate your use of the Site for any reason, including, without
limitation, lack of use or if Zicomatics.com.my believes that you have
breached or acted inconsistently with or in disregard of the letter or spirit of
the Terms and Conditions. Zicomatics.com.my may also at its sole and
absolute discretion and at any time, with or without notice, discontinue
providing its services or any part thereof. You agree that any termination of
your access to the Site under any provision of this Terms and Conditions may be
effected without prior notice, and acknowledge and agree that Zicomatics.com.my
may immediately bar any further access to the Site. On the happening of any of
the afore-going, you agree that Zicomatics.com.my shall not in any manner
whatsoever or howsoever, be liable to you or any third party for any termination
of your access to the Site.
INDEMNITY
You hereby agree to indemnify and forever save Zicomatics.com.my , its
affiliates, directors, officers, employees, owners, agents, information
providers, licensors and licensees harmless, from and against any and all
losses, claims, demands, damages, liabilities and/or costs and expenses,
including legal costs, on a full indemnity basis, which may arise from your use
of the Site, including, but not limited to, any breach of any of the Terms and
Conditions, or your violation of any rights of another. You shall use your best
efforts to cooperate with us in the defence of any claim. We reserve the right
(but have no obligation), at our own expense, to assume the exclusive defence
and control of any matter subject always to full indemnification by you.
You hereby acknowledge and agree that any breach of the Terms and Conditions
will result in irreparable harm and/or losses to Zicomatics.com.my for
which monetary damages would or may not be an adequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law, Zicomatics.com.my
will be entitled to equitable relief, including both a preliminary or
interlocutory and permanent injunction, if such a breach occurs. You irrevocably
waive any requirement for the posting of a bond or other security if Zicomatics.com.my
seeks such an injunction.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Zicomatics.com.my ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Zicomatics.com.my MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Zicomatics.com.my DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Zicomatics.com.my MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES THAT THIS SITE OR THE FUNCTIONS CONTAINED
IN THE MATERIALS ON THE SITE WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Zicomatics.com.my
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Zicomatics.com.my
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Zicomatics.com.my
WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE USE OR THE INABILITY TO USE
THE SITE, (ii) ANY DEFECT IN GOODS, SAMPLES, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED FROM A USER OR A THIRD PARTY SERVICE PROVIDER THROUGH THE
SITE, (iii) UNAUTHORISED ACCESS BY THIRD PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR CONDUCT OF ANY USER OF THE SITE, OR (v) ANY
MATTERS RELATING TO SERVICES ACQUIRED THROUGH THE SITE HOWEVER ARISING,
INCLUDING NEGLIGENCE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR
SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM
THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Zicomatics.com.my OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES SHALL Zicomatics.com.my BE HELD LIABLE FOR A DELAY
OR FAILURE OR DISRUPTION OF THE CONTENT OR SERVICES DELIVERED THOUGH THE SITE
RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES,
COMPUTER, TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES ELECTRICAL POWER
FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD,
ACTS OF TERRORISTS, WAR, GOVERNMENT ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
APPLICABLE LAW
This Site is created, owned and controlled by Zicomatics.com.my in
Malaysia. The Terms and Conditions shall be governed and interpreted in
accordance with the laws of Malaysia without giving effect to any principles of
conflicts of laws. Those who choose to access the Site do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
By visiting or using the Site or by placing an order through the Site you hereby
irrevocably accept, agree and consent to the exclusive jurisdiction of the
Courts in Malaysia in all disputes, controversies or differences of whatsoever
nature which may arise, out of or in relation to the Terms and Conditions, or
the breach hereof relating to the use of the Site.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the
Site. However, to the extent permitted by applicable law, we do not warrant that
the product descriptions or other content available on the Site is accurate,
complete, reliable, current, or error-free.
MODIFICATION AND DISCONTINUANCE
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site and the Terms and Conditions (or any part
thereof) with or without notice to you. The amended and restated Terms and
Conditions will be posted on the Site and shall be effective immediately upon
posting. Posting by Zicomatics.com.my of the amended and restated Terms
and Conditions and your continued use of the Site shall be deemed to be
acceptance of the amended terms. You agree that Zicomatics.com.my shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Site. Please also review our other policies posted on the
Site. These policies also govern your visit to Zicomatics.com.my ’s
website.
WAIVER OF CONDITIONS OF USE
The failure of Zicomatics.com.my in any one or more instances to insist
upon performance of any of the terms or conditions contained herein, or to
exercise any right or privilege hereunder, or the waiver by Zicomatics.com.my
of any breach by you, of these terms or conditions of sale, shall not be
construed as thereafter waiving such terms and condition, rights of privileges,
and the same shall continue and remain in force and effect as if no failure or
waiver had occurred.
LINKS TO OTHER WEBSITES
Links to third party websites on this Site are provided solely as a convenience
to you. Please exercise discretion while browsing the Internet using this Site.
If you use these links, you will leave this Site. Zicomatics.com.my has
not reviewed all of these third party sites and does not control and is not
responsible for any of these sites or their content. Thus, Zicomatics.com.my
does not endorse or make any representations about them, or any information,
software or other products or materials found there, or any results that may be
obtained from using them. If you decide to access any of the third party sites
linked to this Site you do this entirely at your own risk. Zicomatics.com.my
will not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such site or
resource.
INTELLECTUAL PROPERTY RIGHTS
Zicomatics.com.my is the sole owner or lawful licensee of all the rights
to the Site and all information, text, messages, illustrations, images, logos,
designs, icons, photographs, programs, music, sound, video clips, directories,
files, databases, listings or other materials available on or through the Site
(collectively the "Content"). The Site and the Content embody trade
secret and intellectual property rights protected under worldwide copyright and
other laws. All title, ownership and intellectual property rights in the Site
and the Content shall remain with Zicomatics.com.my , its affiliates or
licensors of the Content, as the case may be. All rights not otherwise claimed
under this Terms and Conditions or by Zicomatics.com.my are hereby
reserved. "Zicomatics.com.my " and related icons and logos of Zicomatics
in various jurisdictions are protected under applicable copyright, trademark and
other proprietary rights laws. The unauthorised copying, modification, use or
publication of these marks is strictly prohibited.
NOTICES AND COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
SEVERABILITY
If any provision of the Terms and Conditions shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions.
ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement between you and Zicomatics.com.my
and govern your use of the Site, superseding any prior agreements between you
and Zicomatics.com.my (including, but not limited to, any prior versions
of the Terms and Conditions). You also may be subject to additional terms and
conditions that may apply when you use other Zicomatics.com.my services,
third-party content or third-party software. Any assignment or transfer of
either the Terms and Conditions or any right granted hereunder is strictly
prohibited.
HEADING
The headings of each of the Terms and Conditions are for convenience of
reference only and shall not form part of the Terms and Conditions. Such heading
shall be ignored in the interpretation or construction of any of the Terms and
Conditions.
|