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4. |
Disclaimer and Limitation
of Liability
The information, products, and services included
on this Website may include inaccuracies or typographical errors.
Changes are periodically added to the information and contents herein.
Elken Sdn Bhd may make improvements and/or changes in or to this
Website at any time. Any advice, product placement, testimonials
and/or endorsement contained in this Website should not be relied
upon for personal or medical decisions and you should consult an
appropriate independent professional, doctor or medical officer/specialist
for specific advice tailored to your health, well being, circumstances,
requirements or needs.
Elken Sdn Bhd makes no representations about the
suitability, reliability, timeliness, completeness and accuracy
of the information, contents, products, services and related graphics
contained in this Website for any purpose. The information, materials
and services contained in this site are provided to you on a "as
is", and "as available" basis. We do not warrant,
represent or guarantee the correctness, timeliness, reliability,
accuracy or completeness of this information, statements, contents
or materials, and expressly disclaim any liability for any errors,
omissions and/or inaccuracies in this information, statements, contents
and materials. Elken Sdn Bhd shall endeavour its best but is not
obliged to correct any inaccuracies, errors, omissions or typographical
errors in the information posted to this Website, and such information
including information on pricing and availability of goods may be
changed, amended or updated without prior notice.
Elken Sdn Bhd shall not be responsible for any
unauthorized access to or alteration of any material or data sent
or received or not sent or received, or any transactions entered
into through this Website. Elken Sdn Bhd is not responsible or liable
for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another's rights,
including intellectual property rights. Elken Sdn Bhd is not responsible
for any content sent using this website by any third party.
To the maximum extent permitted by law, unless
otherwise specified, we disclaim all representations and warranties
of any kind, whether express, implied or statutory. In addition,
we do not warrant, guarantee or make any representation regarding
the security of accounts, or that this site is free form destructive
material, including but not limited to computer viruses, hackers,
or other technical sabotage, nor do we warrant, guarantee or make
any representations that access to this site will be fully accessible
at all times, uninterrupted, or error-free.
Elken Sdn Bhd hereby disclaims all warranties and
conditions with regard to this information, contents, products,
services and related graphics, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
To the maximum extent permitted by law, we disclaim
liability for any damages including, without limitation, direct
or indirect, special, incidental, compensatory, exemplary or consequential
damages, losses or expenses, including without limitation lost or
misdirected orders, lost profits, lost registrations, lost goodwill,
or lost or stolen programs or other data, however caused and under
any theory of liability arising out of or in connection with -
- use of this site, or inability to see this site by any party; or
- any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
- line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or
representatives are advised of the possibility or likelihood of such damages, losses or expenses.
In the event that any provision(s) contained in
these Terms of Use is held to be invalid or unenforceable for any
reason, such invalidity or unenforceability shall not affect the
remainder of the terms which shall be construed and enforced as
if the invalid or unenforceable term(s) or provision(s) had never
existed. Elken Sdn Bhd's failure to insist upon or enforce strict
performance of any term(s) or provision(s) contained herein shall
not be construed as a waiver of any terms, provision or right.
In no event shall Elken Sdn Bhd be liable for any
direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages
for loss of use, data or profits arising out of or in any way connected
with the use or performance of this Website, with the delay or inability
to use this Website, the provision of or failure to provide services,
or for any information, products, services and related graphics
obtained through this Website, or otherwise arising out of the use
of this Website, whether based on contract, tort, strict liability
or otherwise. If you are dissatisfied with any portion of this Website,
or with any of its terms of use, your sole and exclusive remedy
is to discontinue using this Website.
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5. |
Intellectual Property
Unless otherwise indicated, all copyright and/or intellectual property
rights to this Website’s design, text and graphics is own
by Elken Sdn Bhd.
All Rights reserved. Except as stated herein, none of the material
may be copied, downloaded, displayed, posted, transmitted used or
reproduced in whole or part in any form or by any means for any
purposes unless such use is permitted by Elken Sdn Bhd.
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6. |
Trademarks
All trade names, domain names, brand names, trade symbols, logos,
slogans, trade marks or services marks consisting of the name ELKEN
are trademarks or proprietary interests of Elken Sdn Bhd. There
are other trade names, brand names, trade symbols, logos, slogans,
trade marks, service marks, brand names, company names, logos, slogan,
trade marks or service marks indicated on this Website that are
the property of their respective owners.
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7. |
Links
This Website may contain numerous links to other Internet Sites
including, without limitation, i.e. other affiliation sites and
sites that may provide advice or other goods and services which
are operated by third party vendors. The provision of the link does
not mean that we endorse or accept any responsibility for the content,
use, or products and services made available through the associated
Websites. By utilising these links, you acknowledged and agreed
that we are not responsible for the actions, contents, accuracy,
privacy, policies, opinions expressed, services provided, goods
sold, or other links provided by these sites. You further acknowledged
and agreed that we are not responsible either directly or indirectly
for any damage or loss caused by use of or reliance on linked sites.
Should you have any questions regarding these sites, you should
address them directly with the relevant site administrator.
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9. |
No Unlawful or Prohibited Use
As condition of your use of this Website, you shall comply with
all applicable laws, statutes, ordinance and regulations regarding
your use of our service and any related activities. In addition,
you warrant that you shall not use this Website for any purposes
that is unlawful or prohibited in law or by these terms, conditions
and notices. You agree:
- Not to upload, post, email or otherwise transmit any content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libellous, invasive if anothers'
privacy, hateful, or racially, ethnically or otherwise objectionable.
- Not to upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, file
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment.
- Not to collect or store personal data about other users.
- Not to interfere with or disrupt the service or services or
networks connected to the service, or disobey any requirements,
procedures, policies or regulations of the networks connected
to the service.
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10. |
Submissions
Any material, information or ideas you transmit or post on this
Website by any means will be treated as non-confidential and non-proprietary,
and may be disseminated or used by Elken Sdn Bhd or its related
and affiliated companies for any purposes whatsoever, including,
but not limited to, reproduction, transmission, publication, broadcast,
posting, developing, manufacturing and marketing products. Notwithstanding
the foregoing, all personal data provided to Elken Sdn Bhd will
be handled in accordance with Elken Sdn Bhd’s Privacy Policy.
Elken Sdn Bhd has no responsibility to respond to messages posted
at this Website.
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