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