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Introduction
We, the proprietors of eCosway Website have established the terms set forth herein ("Terms of Use") as standard terms to regulate all visitors to our eCosway Website including, without limitation our Business Owners and Shoppers. By reading these Terms of Use and agreeing to be bound by them before using the eCosway Website you will know what to expect from us and what we expect from you as your use and your continuing use of the eCosway Website will be regulated by the terms herein. By logging on to any eCosway Website, you hereby agree to accept and be legally bound and to abide by these Terms of Use. We hereby reserve the right to amend, vary, add, or remove portions of these Terms of Use from time to time at our sole discretion. If you do not agree to abide by these Terms of Use, as they currently exist or as amended, please do not proceed to use the site and immediately cease all further activities using the site. You can always view the most current version (as amended from time to time) of these Terms of Use at this page. In addition, when using certain particular eCosway services, you may be subject to other posted guidelines and additional terms and conditions applicable to such services. All such guidelines and additional terms and conditions are hereby incorporated by reference into these Terms of Use. Please check these Terms of Use periodically for changes. Your continued access or use of the eCosway Website following the posting of changes to these Terms of Use shall be deemed as your acceptance to those changes.
If you are an eCosway Business Owner or a Registered eCosway Shopper, you have additional terms and conditions as set forth in the Business Owner Agreement or the Shopping Terms and Conditions, whichever is applicable to you.
Intended Audience
The eCosway Website is published by eCosway as a service to eCosway Business Owners, Shoppers, and other permitted visitors to the site. The site is a business and commercial site. Using the site constitutes a legal contractual relationship between the user and eCosway and is therefore not intended for any person or entity who is either under the age of majority or has no legal capacity in their respective countries to independently enter into a contract. eCosway makes no claims that the content and information posted on its site is appropriate or permissible or may be legally downloaded in the country in which you reside. Access to the materials on eCosway Website may not be permitted in certain countries. You are solely responsible for the compliance with the laws in your country of residence before using the site.
Trademarks
eCosway does not allow the use, for any purpose (save and except where expressly permitted) of its trade names, trademarks, service names, service marks, product names, product marks, URLs, website addresses, logos, designs or symbols by any person, including eCosway Business Owners or Shoppers, without its prior written permission. This prohibition does not apply to Business Owners using eCosway's official material according to eCosway's official guidelines.
You are not allowed to record or produce for the purpose of sale or distribution of any eCosway events or speeches without written permission from eCosway, nor shall you copy, edit or reproduce for sale or for personal use any recording, audio or video tape presentations produced or provided by eCosway.
Disclaimer of Warranties
Business Owners, Shoppers and visitors to the eCosway Website and other third party websites linked to its site shall visit or use these sites solely at their own risk. eCosway does not warrant that the service provided will be accessible at all times, uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the contents, dissemination of news, information and other materials. eCosway shall not be responsible for either the availability or the contents of other third party websites that may be linked to it.
eCosway assumes no responsibility for the deletion of stored email messages.
Although eCosway will take reasonable steps to prevent the introduction of viruses and other destructive elements to its Website, it does not guarantee or warrant that its site is free from any destructive elements including but not limited to computer viruses, hackers, or other technical sabotage. eCosway also does not warrant that any contents downloaded from its site and other third party sites linked to it will be error-free.
The Company shall not be responsible or liable for any damage that may be caused to your computer attributable to such download from its site or third party sites linked to it.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN ALL eCOSWAY SITES, INCLUDING BUT NOT LIMITED TO GRAPHICS, LINKS AND OTHER ITEMS, ARE BEING PROVIDED TO YOU ON THE BASIS OF "AS IS AND WHERE IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR GUARANTEE. eCOSWAY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR MATERIALS, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION AND MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, eCOSWAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL eCOSWAY BE LIABLE 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 REGISTRATION, 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 (1) USE OF THE COMPANY'S SITES, OR THE INABILITY TO USE SUCH SITES BY ANY PARTY; OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPPTION, DEFECT, DELAYED OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF eCOSWAY, ITS EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
Business Owners and Shoppers hereby acknowledge that the aforesaid disclaimer shall apply to all web content, merchandise and services available at eCosway Shopping Mall.
Where certain jurisdictions do not allow the exclusion or limitation of such liability, the liability, if any, in such jurisdictions shall be limited to the extent permitted by law.
Public Postings
Public postings are subject to review, modification and deletion by eCosway without prior notice. Although eCosway reserves the right to block or delete public postings and/or unsolicited emails that otherwise violate this Agreement, it is not eCosway's obligation or responsibility to do so.
Links to Other Sites
eCosway's Website may contain links to numerous other sites, including but not limited to Supplier sites and sites providing other merchandise, which are owned and operated by third parties. A link to a non-eCosway Website does not mean that eCosway endorses or accepts any responsibility for the contents, its use or the products and services made available through such sites. By utilizing such links, if any, you acknowledge and agree that eCosway shall not be responsible or liable in any way whatsoever for the actions, content, access, privacy policies, opinions expressed, representations given, services provided, merchandise offered for sale or other links provided at such sites.
You hereby expressly waive any rights that you may have as provided by the laws of your country of residence against eCosway for its liability caused either directly or indirectly, for any damages, or losses caused or alleged to have been caused by the use of or reliance on the actions, content, accuracy, privacy policy, opinions or representations expressed, products, or services provided through such links or made available through these resources. Should you have questions regarding such sites, you should address them directly to the site administrator of such particular websites.
Proprietary Rights
You acknowledge that the eCosway Websites contain information, data, photographs, graphs, software, videos, text, typefaces, graphics, designs, music, sound, and other material (collectively "Intellectual Property") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, technologies existing now or hereafter developed.
The eCosway Website and any portion therein that has Intellectual Contents is copyrighted as a collective work under the law of United States of America (U.S.A.) and other international copyright laws. The Company owns the copyright to the selection, coordination, arrangement and enhancement of such Intellectual Content. The eCosway name and logos are trademarks of eCosway. All other trademarks appearing at eCosway sites not belonging to eCosway are the trademarks of their respective owners.
You shall not modify, remove, delete, augment, add to, publish, transmit, participate in transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit any of the Intellectual Content or the sites, in whole or in part.
If no specific restrictions are displayed, you are granted permission, to the extent necessary in order to lawfully access and use the sites, to display, download, archive, and to print in hard copy, portions of the sites for your personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You cannot, without eCosway's prior written permission, remove or mirror any material contained on any eCosway Website on any other server. You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer any part of the eCosway Website or otherwise attempt to obtain or learn the source code, structure, algorithms, or ideas underlying such sites, or to take any action contrary to these Terms of Use.
The Company's Rights
The Company cannot and does not screen the contents of Business Owners' web sites and does not assume any obligation to do so. However, each Business Owner hereby agrees that the Company may monitor his or her web site and its contents periodically.
The Company reserves the right, at its sole and absolute discretion, to deactivate, without notice and without refund of any fees paid by any Business Owner or Registered Shopper who violates the Business Owner Agreement or Shopping Terms and Conditions or any unlawful use of his or her websites.
The Company has the right to electronically monitor Business Owners' websites. The Company may disclose any of the content, records, or electronic communication contained in the sites where necessary, (i) to satisfy any law, regulation, or official request from any government authorities; (ii) if such disclosure is reasonable or appropriate to operate this web site; or (iii) to protect the rights and property of the Company, its Users, Sponsors, Providers, Licensors or Merchants.
The Company is not responsible for screening, policing, editing, or monitoring of the content of Business Owners' websites. However the Company may investigate allegations of copyright infringement, defamatory, damaging, illegal or offensive content or materials of Business Owners' websites and determine at its sole discretion to remove or request the removal of such content from the Business Owners' websites.
The Company reserves the right to prohibit, edit or remove content that it deems to be harmful to other individuals or entities.
Online Conduct
You acknowledge that all contents, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such contents originated. This means that you are entirely responsible for all contents that you post, email or otherwise transmit via the eCosway service. eCosway does not control any of the content posted via the eCosway service and, as such, does not guarantee or warrant the accuracy, integrity or quality of such contents. You understand that by using the eCosway service, you may be exposed to contents that are offensive, indecent, or objectionable. Under no circumstances will eCosway be liable in any way for any content, including but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the eCosway service.
Any conduct by Business Owners or Shoppers that, in the Company's opinion, restricts or inhibits other Business Owners and Shoppers from using or enjoying eCosway facilities will strictly be prohibited. Business Owners and Shoppers agree to use eCosway facilities only for lawful purposes. Business Owners and Shoppers are prohibited from posting on or transmitting through the eCosway services any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material, including but not limited to, any material that encourages conduct that would be of a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, territorial, national, or international law.
You agree that you will not use the eCosway services to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm any minor in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the eCosway services or servers or networks connected to the eCosway services, or disobey any requirements, procedures, policies or regulations of networks connected to the eCosway services;
- intentionally or unintentionally violate any applicable local, state, provincial, territorial, national or international law, or any regulations having the force of law; or
- collect or store personal data about other users, Business Owners or Registered Shoppers.
Advertising & Anti-Spam Policy
eCosway shall immediately terminate your Business Owner Agreement or your participation as a Registered Shopper and bar your access to eCosway Website if it suspects that you have carried out or are otherwise connected with any spamming or have been transmitting unsolicited bulk emails.
You hereby acknowledge that you have viewed and agreed to abide by eCosway's Advertising & Anti-Spam Policy which is incorporated by reference into and made a part of these Terms of Use.
Indemnity
You agree to indemnify eCosway, its directors, officers, employees and agents and keep them fully indemnified and hold them harmless against any loss suffered or liability incurred by eCosway as a result of your unauthorized representations or actions in breach of these Terms of Use. If you are a Business Owner or a Registered Shopper, this provision shall survive the termination of the Business Owner Agreement or Shopping Terms and Conditions. Business Owners further agree to indemnify eCosway from any and all liabilities, claims whether pecuniary or non-pecuniary, expenses and damages (including attorneys fees and costs) arising out of the use of, or in connection with use of an eCosway website or any official eCosway material; including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Business Owners and infringement of intellectual property or other proprietary rights.
Applicable Laws
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the national, federal or state courts located in Kuala Lumpur, Malaysia and you hereby submit to the jurisdiction of such courts for the purposes of litigating such an action.
Provisions Severable
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with your Business Owner Agreement or Shopping Terms and Conditions shall not be modified by you except with the consent of eCosway stated in writing and signed by both parties.
Notices
Any notice given by either party must be in writing and will be deemed duly served if delivered by email notification to the Business Owner's or Registered Shopper's official email address as allocated by the Company or provided by the Business Owner or Registered Shopper.
