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Terms of Use - Horestco

Terms of Use

General

  1. These Terms of Use apply when you access and/or use www.horestco.com.my (the “Website”), which is operated by HORESTCO INDUSTRIES (M) SDN BHD (“us”, “we”, “our”).
  2. The Personal Data Privacy Policy, the Cookie Policy, and these Terms of Use should all be carefully read. By reference, the Personal Data Privacy Policy are part of these Terms of Use. It is your agreement to have read these Terms of Use, to accept them, and to be bound by them by accessing and/or using this Website, or any portion of it.
  3. Additionally, we might occasionally publish policies and procedures about how to use the website on it. By reference, all such guidelines and restrictions are hereby integrated into these Terms of Use.
  4. In addition to these Terms of Use, the Privacy Policy, and the Cookie Policy, the Terms of Purchase will also apply to you if you choose to make a purchase on the Website. Before completing a purchase, carefully read the Terms of Purchase.
  5. You acknowledge that we are free to change these terms of use at any time, without explanation or liability. On the website, the updated terms of use will be published and will take effect on the date of publishing. Before accessing and/or using the Website, it is advisable that you periodically check for modifications to these Terms of Use.

Territory

6. The website’s content is only intended for users who are viewing it from Malaysia. We disclaim all liability regarding the suitability or availability of any goods or services mentioned on the Website for use in any other country.

User Account

  1. You must create an account with us in order to make a purchase on the Website. When you create an account, you guarantee that:

(a) you are at least 18 years of age;

(b) if you are below 18 years of age, you have obtained the consent of your parent or legal guardian, or you are under the supervision of your parent or legal guardian;

(c) you are using your actual identity;

(d) the personal data that you have provided to us is true, accurate, complete, and current; and

(e) you will maintain and promptly update the personal data that you have provided to us in order that such data is kept true, accurate, complete, and current.

  1. You agree to take full responsibility for all activities that happen under your account or password, and you are alone responsible for protecting the privacy of your password and account information as well as limiting access to your computer.
  2. Should you violate these Terms of Use, we won’t be responsible for any losses or damages.

Changes to the Website

  1. At our sole discretion and without prior notice, we reserve the right, but we do not assume any obligation, to review, amend, or otherwise change the Website and any material contained on the Website.

Warranties

  1. The data on the website is meant only as a guide. We disclaim all implicit and/or express warranties to the fullest extent authorized by law, and we make no representations regarding the correctness, appropriateness, application, or completeness of any information on the Website. For anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint, we disclaim all liability for any loss or damage resulting from your use of or reliance on the information on the Website.
  2. We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on the Website.
  3. We do not guarantee that you will be able to use the website, nor do we guarantee that its functionalities will be error-free, uninterrupted, or free from defects.
  4. No guarantees, claims, or statements regarding any information on the Website may be made by any of our agents or representatives, and we disclaim all liability for any such unauthorised warranties, representations, or statements.

Intellectual Property Rights

  1. “Intellectual Property Rights” refers to all and all industrial and intellectual property rights, whether registered or not, that are currently in effect or that may become so in the future in any part of the world. This includes all applications and rights to apply for registration (as well as renewals and extensions of any registration) of such rights, as well as all recourse and action rights regarding past infringements, including rights in or related to:

(a) confidential information, business or trade secrets, know-how;

(b) inventions, patents (including supplementary protection certificates);

(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(d) trademarks, service marks, business or trade names;

(e) design rights, topography rights;

(f) database rights,

together with all other rights of a similar or corresponding character or nature.

  1. The Website and any content accessible on it, such as text, photos, software, source code, graphics, and trademarks, are all covered by copyright, trademark, and other intellectual property rights that are either owned or controlled by us or our licensors. 

Without our prior written permission, you are not permitted to copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter, or display in public any content on the Website or any part of it. However, you are permitted to download materials from the Website for personal, non-commercial use at home as long as you preserve all copyright, trademark, and other proprietary notices.

  1. By using this website, you consent to refrain from using it for any illegal activity or to violate the intellectual property rights of us or any third party.

Use of Personal Data

  1. We uphold the website users’ right to privacy. All personal information that we collect, unless otherwise specified, will be treated strictly in compliance with the Privacy Policy available here.

Prohibitions

  1. When using the Website you cannot:
  • interfere or disable any security-related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website;
  • give any false information in your account details;
  • take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
  • use the Website if we have suspended or banned you from using it;
  • send junk, spam or repetitive messages;
  • engage in any illegal or unlawful conduct;
  • modify, interfere, intercept, disrupt or hack the Website;
  • misuse the Website by knowingly introducing viruses, malware, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website;
  • collect any data from the Website other than in accordance with these Terms of Use;
  • submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
  • abuse, harm or bully another Website user, member of our staff or person;
  • submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
  • submit or contribute any false, private, secret, or libelous material or criticism about another person (including accusing someone else directly of significant misconduct or unsubstantiated criminality, which could harm that person’s reputation in the eyes of readers).
  1. If you violate these Terms of Use, we have the right to terminate your access to the Website (in whole or in part). We may also take other action, such as reporting you to the police or another law enforcement agency, issuing a warning, filing a lawsuit against you, and pursuing any associated costs.

Links and Sharing

  1. The Website’s links and sharing options, whether through blogs, social media, or other websites and communication services, are given purely for your convenience and usage. The existence of the link does not imply our approval or recommendation of the linked website or our affiliation with it. We disclaim all liability for any loss, damage, expense, costs, or liability that you may incur as a result of visiting any website that is linked to or from the Website, as well as for the legal ramifications of any agreements you enter into with the third parties that provide these linked websites.
  2. Please be aware that there might be additional terms and restrictions related to the organization granting you permission to distribute if you do post content on other platforms. Any website you plan to share on should have its terms and conditions checked. Sharing our content may be prohibited by some terms and restrictions.
  3. Any event beyond our reasonable control, including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason, or any failure, error, or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium, will release us from all liability for any loss, damage, expense, costs, delays, or other liability whatsoever, including without limitation any financial losses such as loss of profit.

Termination

  1. We reserve the right, in our sole discretion, to suspend or cancel your access to the Website (in whole or in part) under specific conditions and without giving you prior notice. The following causes shall be the sole basis for such termination:
  • breaches or violations of these Terms of Use;
  • request by law enforcement or other government agencies;
  • infringement of Intellectual Property Rights;
  • discontinuance or material modification to the products/services provided on the Website; and
  • unexpected technical or security issues.
  1. If we terminate your access to the Website (in whole or in part), it won’t affect any accrued rights or liabilities or the commencement or continuation of any provision that is expressly or impliedly intended to do so on or after such termination. Neither will it affect any other rights or remedies we may be entitled to under these Terms of Use, at law or in equity.

Limitation of Liability

  1. You understand and agree that using the website is at your own risk by accessing and using it. We disclaim all liability for any damages, whether direct, indirect, incidental, consequential, punitive, or for loss of revenue or profit resulting from the use, inability to use, or access of the Website. 28. Without restricting the previous:

(a) THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT (TO THE EXTENT PERMITTED BY LAW);

(b) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE (TO THE EXTENT PERMITTED BY LAW); AND

(c) WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

Invalidity

  1. In the event that a competent authority rules that any one or more of the terms contained in these Terms of Use are invalid, unlawful, or unenforceable, the remaining terms will remain valid and enforceable and will only be modified to the least extent necessary to do so.

Waiver

  1. Should you violate these terms of use in any way and we do nothing, it will not be deemed that we have relinquished our rights against you. Instead, we reserve the right to use our legal options now and in the future, as well as in the event that you violate these terms of use again.

Governing Law and Jurisdiction

  1. The laws of Malaysia shall govern and interpret these Terms of Use, and you hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysian courts.

Conflict

  1. Should a disagreement arise between these English Terms of Use and their corresponding Bahasa Malaysia Terms of Use, the provisions in this English language Terms of Use will take precedence.

Notices

  1. You can write or mail us at the following address with any queries you may have concerning these Terms of Use:
  • Address: 19, Jalan Kartunis U1/47, Kawasan Perindustrian Temasya, 40150 Shah Alam, Selangor, Malaysia
  • Contact number: 03 5569 7999
  • Email: info@horestco.com