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Thank you for visiting the e-directory.com.my.
Web site (the "Site"). e-directory is a Malaysian manufacturers portal
service provider and information site for Malaysian manufacturers products and
services. The Site is designed to provide information of Malaysian Manufacturers
products and services for both domestic and international buyer and seller.
We help to gather all manufacturer, buyer and seller to one trading place
for all Malaysian products. This site is accessible 24 hours a day, 7 days a
week.
By using the Site you agree
and accept to be bound by the Terms of Use set forth herein. We may make changes
to the Site, these Terms of Use, or the policies and conditions that govern the
use of the Site at any time. We encourage you to review the Site and these terms
periodically for any updates or changes. Your continued access or use of the
Site shall be deemed your acceptance of these changes and the reasonableness of
these standards for notice of changes.
TERMS OF USE
1. LAWS AND REGULATIONS
Your access to and use of the Site is subject to all applicable international,
federal, state and local laws and regulations.
2. COPYRIGHT/TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the
Site are the property of Kelana Saga Sdn Bhd and other parties. You are
prohibited from using any Marks for any purpose including, but not limited to
use as metatags on other pages or sites on the World Wide Web without the
written permission of Kelana Saga Sdn. Bhd or such third party which may own the
Marks. All information and content including any software programs available on
or through the Site ("Content") is protected by copyright. Your are
prohibited from modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative works or using any Content
available on or through the Site for commercial or public purposes.
3. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR
OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MANUFACTURERS
(“MANUFACTURERS”), MERCHANTS ("MERCHANTS"), SPONSORS
("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE
(COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SITE.
4. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO
WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY
OTHER PARTY, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE
OBTAINED FROM THIS SITE OR A LINKED SITE. OTHER THAN AS REQUIRED UNDER
APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE
SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM
THIS SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION,
ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF
OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS,
LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY.
All information contained on the Site, including information, company address
listing, manufacturer products, products and treatments, is for informational
purposes only. It is often presented in summary or aggregate form. We explicitly
disclaim any responsibility for the accuracy, content, or availability of
information found on sites that link to or from the Site from third parties not
associated with us. We encourage discretion when browsing the Internet using our
or anyone else's service. Because some sites employ automated search results or
otherwise link you to sites containing information that may be deemed
inappropriate or offensive, we cannot be held responsible for the accuracy,
copyright compliance, legality, or decency of material contained in third-party
sites, and you hereby irrevocably waive any claim against us with respect to
such sites.
5. LIMITATION OF
LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON
THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND
WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. WE MAY
MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. UNDER NO CIRCUMSTANCES
SHALL WE OUR AFFILIATES AND ANY OF OUR AND/OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS,
GOODWILL, USE, DATA COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY OR
OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH :
(i) THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE
THE SITE OR A LINKED SITE,
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE. EVEN IF WE ARE MADE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT
LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT,
FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE
PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR
PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCT,
AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
directors, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Site, your use of the Site, your connection to the Site, your violation of
the Terms of Use, or your violation of any rights of another.
6. YOUR ACCOUNT
OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
checkout form for your membership information (the "Membership
Information") and (b) maintain and promptly update the membership
Information to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your membership and refuse
any and all current and future use of the Site. You will receive a password and
account designation when you have completed the Membership Information. You are
responsible for maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of your
password or account or any other breach of security.
7. YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site will not be permitted. You agree to use the
Site only for lawful purposes. You are prohibited from posting on or
transmitting through the Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
fraudulent, racially, ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Site, use of the Site, or access to the
Site.
You agree not to access the Site by any means other than through the interface
that is provided by us for use in accessing the Site.
8, SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs,
graphics, videos, text, images, typefaces, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
or other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under Malaysian copyright laws, and
we own a copyright in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the Content in any
way, and maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence, you may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or other
proprietary right. In addition to the foregoing, use of any software Content
shall be governed by the software license agreement accompanying such software,
if any.
9. LINKS TO THIRD PARTY
SITES
Occasionally, we may make available a link to a third party's web site. These
links will let you leave the Site. The linked sites are not under our control
and we are not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites. We are not
responsible for webcasting or any other form of transmission received from any
linked site. We provide the links to you only as a convenience. We do not
endorse the site or its use or contents.
10. SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding
our products, including the Site. We request that you be specific in your
comments on our services and products. If you send us comments, suggestions,
ideas, materials, notes, drawings, concepts, or other information (collectively,
"Submissions"), the Submissions shall be deemed, and shall remain, our
property. None of the Submissions shall be subject to any obligation of
confidence on our part, and we shall not be liable for any use or disclosure of
any Submissions. Without limiting the foregoing, you agree that we shall
exclusively own and hereby assign to us without compensation or further
obligation all now known or hereafter existing rights to the Submissions of
every kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions, including
the right to publish on the Site or elsewhere and to use the Submission,
including any suggestions, ideas, etc. contained herein.
11. CONFIDENTIALITY OF
COMMUNICATIONS
Except as required by law we will maintain the confidentiality of all your
communications which contain personal information and which are transmitted
directly to us. Postings by you on any message board or in any chat room will
not be protected as confidential and we may use and provide information
contained in any such postings (including any ideas, concepts, know-how or other
intellectual property) to any of our parent company, subsidiaries and affiliates
for any purpose whatsoever and as deemed appropriate by us.
We prohibit caching, unauthorized hypertext links to the Site and the framing of
any Content available through the Site. We reserve the right to disable any
unauthorized links or frames and specifically disclaim any responsibility for
the Content available on any other Internet sites linked to the Site. Access to
any other Internet sites linked to the Site is at your own risk.
You should be aware that Linked Sites may contain confidentiality provisions
that differ from the provisions provided herein. We are not responsible for such
provisions, and expressly disclaim any and all liability related to such
provisions.
12. POSTINGS
[For use in connection with classified advertisement service or any posting
information, registration information to Site.] We are under no obligation to
review any messages, information or content ("Postings") posted on the
Site by you and assume no responsibility or liability relating to any such
Postings. Notwithstanding the above, we may from time to time monitor the
Postings on the Site and may decline to accept and/or remove any Postings that
contain:
- Any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including, but not limited to,
any material which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law.
- Advertisements or solicitations of any kind. [Note -
This is not applicable for those Sites with message boards containing
classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone
numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees purporting to
speak on our behalf or containing confidential information or expressing
opinions concerning us.
- Messages that offer unauthorized downloads of any
copyrighted or private information.
- Multiple messages placed within individual folders by
the same user restating the same point.
- Chain letters of any kind.
13. TRANSMISSION OF
PERSONAL DATA
You acknowledge and agree that by providing us with any personal or proprietary
user information through the Site, you consent to the transmission of such
personal or proprietary user information over international borders as necessary
for processing in accordance with our standard business practices.
You should be aware that Linked Sites may contain transmission of personal data
provisions that differ from the provisions provided herein. We are not
responsible for such provisions, and expressly disclaim any and all liability
related to such provisions.
14. CHANGES TO TERMS OF
USE
We reserve the right to revise these Terms of Use at any time and users are
deemed to be apprised of and bound by any changes to these Terms of Use.
15. VIOLATIONS OF TERMS
OF USE
We reserve the right to seek all remedies available at law and in equity for
violations of these Terms of Use, including the right to block access from a
particular Internet address to the Site.
16. ACCESS TO PASSWORD
PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is
restricted to authorized users only. Unauthorized individuals attempting to
access these areas of the Site may be subject to prosecution.
17. USE OF
"COOKIE" FILE FEATURES
We reserve the right to store information on a your computer in the form of a
"cookie" or similar file for purposes of modifying the Site to reflect
your preferences.
18. COPYRIGHT ACT -
NOTIFICATION REGARDING ALLEGED COPYRIGHT INFRINGEMENT
We reserve the right
to remove any Content on the Site which allegedly infringes another person's
copyright. Notices to us regarding any alleged copyright infringement on the
Site should be directed to Kelana Saga Sdn. Bhd. 25th Floor Unit 18-A2, Gurney
Tower, Persiaran Gurney 10250 Penang, Malaysia. 604-3713525 e-mail: edirectory@e-directory.com.my
19. APPLICABLE LAW
We control the Site from our offices within Malaysia. We make no representation
that the Content in the Site is appropriate or available for use in other
locations, and access to them from territories where their content is illegal is
prohibited. Those who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with applicable local
laws. You may not use or export the Content in violation of Malaysian laws and
regulations. Any claim relating to the Site, the services provided through the
Site or the Content shall be governed by the laws of Malaysia, without reference
to its choice of law provisions.
20. TERMINATION
These terms are effective until terminated by either party. If you no longer
agree to be bound by the Terms of Use, you must cease your use of the Site.
Subject to applicable law, we reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of the Site with or without
notice. You agree that any termination of your access to the Site may be
effected without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your
account and bar any further access to such files or the Site. Further, you agree
that we shall not be liable to you or any third-party for any termination of
your access to the Site.
21. DELIVERY ADDRESS
To make purchases on the Site, you must have a delivery address in Malaysia.
22. GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and
govern the use of the Site. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. Our failure to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver of such right or
provision. If any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Use remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site or the
Terms of Use must be filed within one year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no
legal or contractual effect.
23. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied and is accessible on the
Site in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent the following information:
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has
been infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on
the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
You
expressly agree that use of the site is at your sole risk and accepting all
Terms of Use and Condition of this service. Neither we, nor our
affiliates, nor any of our officers, directors, or employees, agents, third-party content providers ("providers"),
manufacturers ("manufacturers”), merchants ("merchants"), sponsors
("sponsors"), licensors ("licensors"), or the like
(collectively, "associates"), warrant that the site will be
uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of the site, or as to the accuracy,
reliability, or currency of any information, content, service, or merchandise provided through the site.
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