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TERMS AND
CONDITIONS OF USE
Welcome! You have entered the website owned and operated by AVGOnline.com.my
(“AVGOnline.com.my ”), identified by the URL AVGOnline.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 AVGOnline.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
AVGOnline.com.my governing your use of the Site. In
addition, when you use any current or future AVGOnline.com.my
service(s), you also will be subject to the guidelines and
conditions applicable to such service or business.
USE OF SITE ACCESS
AVGOnline.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 AVGOnline.com.my . This
license does not include any resale 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 AVGOnline.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 AVGOnline.com.my and the Site
without AVGOnline.com.my ’s prior express written consent.
You may not use meta tags or any other "hidden
text" utilising AVGOnline.com.my and the Site’s
name or trademarks without the prior written consent of AVGOnline.com.my
. Any unauthorised use automatically terminates the
permission or license granted by AVGOnline.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 AVGOnline.com.my logo, the Site
logo or other proprietary graphic or trade mark as part of
the link without AVGOnline.com.my ’s prior express written
consent.
YOUR PARTICULARS
When you register with AVGOnline.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. AVGOnline.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. AVGOnline.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 AVGOnline.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 AVGOnline.com.my
believes that you have breached or acted inconsistently with
or in disregard of the letter or spirit of the Terms and
Conditions. AVGOnline.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 AVGOnline.com.my
may immediately bar any further access to the Site. On the
happening of any of the afore-going, you agree that AVGOnline.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 AVGOnline.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 AVGOnline.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, AVGOnline.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 AVGOnline.com.my
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY AVGOnline.com.my ON AN
"AS IS" AND "AS AVAILABLE" BASIS. AVGOnline.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.
AVGOnline.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. AVGOnline.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. AVGOnline.com.my DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AVGOnline.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. AVGOnline.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 AVGOnline.com.my OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES SHALL
AVGOnline.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 AVGOnline.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 AVGOnline.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 AVGOnline.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 AVGOnline.com.my
’s website.
WAIVER
OF CONDITIONS OF USE
The failure of AVGOnline.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 AVGOnline.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. AVGOnline.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, AVGOnline.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. AVGOnline.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
AVGOnline.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 AVGOnline.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 AVGOnline.com.my
are hereby reserved. “AVGOnline.com.my", "AVGOnline.com.my
" and related icons and logos of Ebiz Future Sdn. Bhd.
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 AVGOnline.com.my and govern your use
of the Site, superseding any prior agreements between you
and AVGOnline.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 AVGOnline.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. |