Terms Of Use

THIS IS IMPORTANT — PLEASE READ. THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS. READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT. ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY. BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, referrers, or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, referrers, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree with this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

Again, the Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

WARRANTY

The Site and the Content is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

LIABILITY

You agree that, whether for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).

AVAILABILITY OF THE SITE

You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.

LIMITATION OF THIS WEBSITE’S OBLIGATIONS AND LIABILITY

This Website will utilize its best efforts to maintain acceptable performance of services contracted for, but this Website makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.

This Website cannot and does not guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

This Website will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. This Website shall not be liable to Visitors for any claims or damages which may be suffered by Visitors, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data and/or emails, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of this Website.

THIRD PARTY INFORMATION

You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

LINKS TO OTHER SITES

We may provide links to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

USE OF THE SITE/INDEMNIFCATION

You undertake

i) not to use the Content for any unlawful purpose;

ii) that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;

iii) not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by this Website. Material contained on this Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of this Website content for any reason is unlawful unless you have paid the purchase price or are an affiliate of this Website.

DISCLAIMER FOR CONTENTS OF SITE

The Website disclaims any responsibility for the accuracy of the content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.

APPLICABLE LAW

Viewer, visitor, member, referrer, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of Malaysia.

CONTACT INFORMATION

The Malaysian DotCom Sdn Bhd
Suite B-5-8 Plaza Mont Kiara
No 2, Jalan Kiara
Mont’ Kiara 50480
Kuala Lumpur, Malaysia.

Doing business as: http//www.TheMalaysian.com
Email Address: contact@TheMalaysian.com

COPYRIGHT AND LICENSE

This “Terms of Use” is copyrighted by TheMalaysian.com and is fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your website, contact contact@TheMalaysian.com for licensing information on this website.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

You agree that any email you send which breaches any Anti-Spam Laws or any Anti-Spam etiquette or policies of the Internet Community including the CAN-SPAM Act of 2003, shall be subject to a $1,500.00 fee for reading and responding appropriately. THIS MEANS SPAM COSTS! Concealing, misrepresenting, or not fully disclosing, the sender’s identity increases the fee by $3,000.00 to compensate for the effort to track down the sender.

If there are monies due, and legal or collection actions are required to recover them, you agree to pay all costs including attorney fees, costs, expenses in researching and prosecuting any required action.

LATEST UPDATE

This Terms of Use was last updated on 22nd July 2020

Privacy Policy

Privacy Policy

This Privacy Policy describes the terms of our commitment to your privacy.

PERSONS OR PARTIES COVERED

This Privacy Policy is intended to cover all visitors to this website, all subscribers to lists or newsletters whether paid or unpaid, all affiliates whether paid or unpaid, and all customers. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy. Subscribers to lists or Newsletters are referred to herein as “Subscribers” and are parties to the Privacy Policy. Persons who join an organization or marketing endeavor (e.g. affiliates) promoted by this website are called “Affiliates” herein and are covered by this Privacy Policy.

Finally, anyone who orders, attempts to order, or receives a product or service sold (recipients) or advertised from this website is called a “Visitors” herein and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Terms and Conditions of Sale contract. The website, its agents, owners, operators, and employees are referred to collectively herein as “Website,” “Site,” and/or “Seller”.

PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

In the event that a person excluded from this website because of the Terms of Use or from denial of service by the Website, who nonetheless unlawfully views this site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.

PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE

This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA) as amended from time to time. If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website. If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.

ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED

This website routinely collects information about its visitors, subscribers, referrers and customers. This information is obtained in various ways, such as:

VISITOR, SUBSCRIBER, RESELLER OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’

Registration means that the Visitor, Subscriber, Affiliate or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining a referrer program or other membership organization, paid or unpaid; or it may be from ordering a product.

Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.

VISITOR EMAIL INQUIRIES

Website visitors who wish to communicate with the website do so under two conditions one, they give their permission for contact by the website; two, they are subject to the general ‘SUBMISSION’ agreement of this policy. While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.

CUSTOMER EMAIL OR TESTIMONIALS

If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.

Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.

INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS

Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that “cookies” will usually be placed on their hard drive, (3) that the website does not have any control over what happens with this information, (4) that the website takes no responsibility over the accuracy or content of advertisers, (5) that the website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that the website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS

If you send a friend an email from this site or if you send the URL or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.

INFORMATION OBTAINED FROM VOLUNTARY VISITOR,SUBSCRIBER, RESELLERS OR CUSTOMER SURVEYS

Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, marketing organization or used by the site itself for product design or solicitation purposes.

INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’

Many websites, including this one, collect information about your computer, your email address, and your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.

We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
  • We use user information, including Personal Information, behavioral metrics, geo-location data, demographic data and marketing preferences to personalize and display advertisements and other content for you.

Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, and marketing organizations.

HOW INFORMATION MAY BE USED

The use of information as described below may or may not be how information that is collected is customarily used by this site.

While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.

BULLETIN BOARDS AND PUBLIC FORUMS

Visitors, subscribers, referrers or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.

SPAM

By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitation or information from the website and your name will be removed from the general solicitation database.

DATA SECURITY

This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

You may direct questions, comments or reports to contact@TheMalaysian.com

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

This Privacy Policy is dynamic. It will continually change. You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes. Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this site promise notification. Your continued use of this site always evidences your acceptance of the terms this Privacy Policy or any modifications.

JURISDICTION AND VENUE

If any matter concerning this Privacy Policy shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be at the discretion of the Seller.

APPLICABLE LAW

Visitor agrees that the applicable law to be applied shall, in all cases, be that of Malaysia. The omission of this Website to exercise any right under these Terms and Conditions shall not constitute a waiver of such right unless formally waived in writing by this Website.

This Website at its sole discretion, may change the terms, conditions and operation of this Web site (the “Website”) at anytime.

The Applicant hereby agrees to defend, indemnify and hold harmless TheMalaysian.com and The Malaysian DotCom Sdn Bhd., its officers, directors, employees, referrers, merchants & all it’s suppliers;

This Website reserves the right to interrupt service periodically, and without notice, for maintenance. This Website will do its utmost to provide service 24 hours a day, 7 days a week.

Customers and Affiliates acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on this Website, this Website may modify or amend this Policy and that such changes are binding upon the Customers and Referrers. If you do not agree with these terms, conditions, and policies please contact customer support to terminate your account.

Failure to comply with this Policy may result in termination of your account(s) with no refunds offered.

Disclaimer

You hereby agree to defend, indemnify and hold harmless TheMalaysian.com and The Malaysian DotCom Sdn Bhd., its officers, directors, employees, referrers, merchants & all it’s suppliers;

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THEMALAYSIAN.COM WEB SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON ANY THEMALAYSIAN.COM COMPUTER, OR COMPUTER SYSTEM ACCESSED THROUGH THEMALAYSIAN.COM. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

WITHOUT LIMITING THE FOREGOING, THEMALAYSIAN.COM SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE THEMALAYSIAN.COM WEB SITE AND THAT THEMALAYSIAN.COM MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS THEMALAYSIAN.COM MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL THEMALAYSIAN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST THEMALAYSIAN.COM WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This Website reserves the right to interrupt service periodically, and without notice, for maintenance. This Website will do its utmost to provide service 24 hours a day, 7 days a week.

You acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on the Website, this Website may modify or amend this Policy and that such changes are binding upon You. If you do not agree with these terms, conditions, and policies please contact customer support to terminate your account.

No Error Free Performance

TheMalaysian.com does not guarantee error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when TechSmith learns of any failure to comply with our Privacy Policy. TheMalaysian.com shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy. This Privacy Policy shall be governed by the laws of Malaysia, to the extent applicable.

LATEST UPDATE

This Disclaimer was last updated on 1st October 2014.