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Coway (Malaysia) Sdn. Bhd. (Formerly known as "Woongjin Coway (Malaysia) Sdn. Bhd.") ("COWAY") provides the content and services available in the COWAY Web and Mobile application ("Application") to you subject to the following terms and conditions, its Privacy Notice and other terms and conditions and policies which you may find throughout the Application in connection with certain functionality, features or promotions as well as customer service, all of which deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Application, you are acknowledging that you have read, understand and agree, without any limitation or qualification, to be bound by these Terms and Conditions.
You represent that you are legally able to accept these Terms and Conditions, and affirm that you are of the capacity to form a binding contract. If you do not agree to these Terms and Conditions, you shall not use this Application.
1. Third Party Links
The Application may provide links to other World Wide Web sites or resources ("Third Party Links"). You acknowledge and agree that COWAY is not responsible for the content of any such Third Party Links. Your use of any of the Third Party Links is at your own risk. COWAY does not warrant the offerings of the Third Party Links, nor does COWAY assume any responsibility or liability for the actions, content, products, or services of such Third Party Links, including, without limitation, its privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all Third Party Links that you visit.
2. Intellectual Property
All information and content available on the Application and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") is the intellectual property of COWAY. You shall not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit, in whole or in part, the Content or any portion of the Application for any purpose without the Content without express, prior written consent by COWAY.
3. Limited Licenses
COWAY hereby grants you a limited, revocable, and non-exclusive license to access and make personal use of the Application. You must retain, without modification, all proprietary notices on the Application or affixed to or contained in the Application.
Any unauthorized use by you of the Application or any and/or all of the Content automatically terminates the limited licenses set forth in this Section 3 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
4. Obligations and Responsibilities
In the access or use of the Application, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Application. You shall always act in accordance with the law, custom and in good faith. You shall not make any change or alteration to the Application or any Content or services that may appear on the Application and shall not impair in any way the integrity or operation of the Application. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to COWAY, its affiliates, partners or licensors.
5. Your Account
You may choose to create an account on the Application if you are over eighteen (18) years old. If you register for the Application, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your mobile device and account. Your username and password are intended for your use only. You agree that you will not share your username and/or password with anyone. You are responsible for keeping your account information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You may terminate your account at any time by contact COWAY Careline at 1800-888-111.
COWAY reserves the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated, if the Application is discontinued or for good cause.
6. User Content
When you transmit, upload, post, e -mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (collectively, “User Content”) on the Application, you are entirely responsible for such User Content. This means that all third parties, including you, are entirely responsible for all User Content that they post to the Application. You acknowledge and agree that COWAY will not be responsible for any User Content.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Application any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
You acknowledge that COWAY has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and COWAY reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, COWAY has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and COWAY reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
7. Consent to Receive Notices Electronically by Posting on the Application and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from COWAY electronically including without limitation by e-mail or by posting notices on the Application. You agree that all Notices that COWAY provides to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify COWAY of your withdrawal of such consent by contact COWAY Careline at 1800-888-111 and discontinue your use of any Application. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate. COWAY will not provide the benefits of the Application to any user who does not consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Notice.
8. Disputes and Liability
With respect to any dispute, claim, or controversy regarding the Application, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Malaysia.
The courts of Malaysia shall have exclusive jurisdiction over any disputes arising out of these Terms and Conditions or the use of this Application.
You agree to defend, indemnify and hold COWAY, its parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Application or the Application Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Disclaimer of Warranties
The Application and its Content and service(s) are presented "as is". COWAY makes no representations or warranties of any kind whatsoever, express or implied, in connection with these Application, Terms and Conditions or the Application or its Contents or service(s)
11. Limitation of Liability
To the fullest extent permitted by the applicable law, you agree that COWAY shall not be responsible or liable in contract, warranty or in tort (including negligence for any (a) interruption of business; (b) access delays or access interruptions to the Application; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with the presence of off-website links on the Application; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Application, including during use of any Third Party Links; (f) any inaccuracies or omissions in Content; or (g) any event beyond COWAY's reasonable control.
COWAY shall not be liable for any indirect or consequent loss under these Terms and Conditions or the use of the Application.
You agree that no claim or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the application or theses terms and conditions may be brought by you more than six (6) years after the end of the year in which the cause of action relating to such claim or action has arisen and you have acquired knowledge or grossly negligently failed to acquire knowledge of the underlying circumstances of such claim or action.
12. Entire Agreement
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement with COWAY concerning your use of the Application, and supersede and govern all prior proposals, agreements, or other communications.
13. Modification and Amendments
COWAY reserves the right, in its sole and absolute discretion, to change the Terms and Conditions. Any changes are effective upon posting to the Application and release of notice of such change. Your continued use of the Application thereafter constitutes your acceptance of all such amended terms.
COWAY also reserves the right, in its sole and absolute discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Application's service(s) ( or any part thereof) with or without notice. You agree that COWAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application's services (or any part thereof).
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with COWAY. COWAY's failure to require your performance of any provision hereof shall not affect its full right to require such performance at any time thereafter, nor shall COWAY's waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.