XMART@LEX TERMS OF USE
The XMART website – www.xmartalex.com (the “Site”) is an online information service provided by Xmartalex Sdn Bhd (“XMART”), subject to your compliance with the terms and conditions set forth below. Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. XMART reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.
The terms and conditions herein apply to Xmartalex Sdn Bhd., its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as “XMART”. The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by XMART.
Nothing in this Site shall be construed as creating any warranty or other obligation on the part of XMART. The terms and conditions applicable to any XMART product or service are contained in the specific agreement(s) relating to such product or service.
Disclaimer of Warranties and Liability
Information offered on this Site is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will XMART be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if XMART is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will XMART warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.
Confidentiality
Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to XMART (collectively “Feedback”) shall be deemed to be non-confidential and shall become the sole property of XMART. Subject to the conditions described on the privacy page of this Site, XMART shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.
Trademark Rights
XMART product and service names referenced in this Site (“XMART Marks”) are trademarks and service marks or registered trademarks and service marks of XMART. Your use of the XMART Marks is governed by the Malaysia Trade Description Act 1972. Other products and company names mentioned on the Site may be the trademarks of their respective owners.
Accuracy of materials
The materials appearing on this Site could include technical, typographical, or photographic errors. XMART does not warrant that any of the materials on its website are accurate, complete or current. XMART may make changes to the materials contained on its website at any time without notice. However, XMART does not make any commitment to update the materials.
Linking Policy
You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link
- does not portray XMART and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and
- does not imply any sponsorship, approval, endorsement or affiliation of your website or products by XMART. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any XMART trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without XMART’s express written consent. To obtain consent, please email your request to admin@xmartalex.com. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any XMART Marks; (ii) the content of the Site; nor
- any other intellectual property or proprietary rights of XMART.
XMART makes no representations, warranties or endorsements with respect to any non-XMART website which may be accessed from this Site. When you access a non-XMART web site, please understand that XMART has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.
Special Admonition for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Malaysia or the country in which you reside.
Jurisdictional Issues
This Site is controlled and operated by XMART through its offices within the State of Kuala Lumpur and this Agreement shall be governed by, construed and enforced in accordance with the laws of Malaysia, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between XMART and you for any purpose concerning this Site or the parties’ obligations hereunder shall be brought exclusively in the Judiciary of Malaysia.
Indemnification
You agree to indemnify, defend and hold harmless XMART, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms of Use.