GENERAL TERMS OF USE FOR WEBSITE
1. INTRODUCTION
1.1 Scanwolf Marketing Sdn. Bhd, (Company No. 1423350-M) (“Scanwolf Flooring”, “we”, “us” or “our”), makes available to you all content, products, services and functions available at or through your use of or access to our website at https://scanwolfflooring.com/ in accordance with the following terms and conditions of use, and any other terms and conditions posted on the Site (collectively, “Terms”).
1.2 By using the Site, you agree to follow and be bound by these Terms. We may modify these Terms from time to time without notice to you. Please read these Terms and check back often. If you do not agree to these Terms or changes thereto then you may immediately stop using the Site.
1.3 If you choose to access the Site from locations outside Malaysia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
2. ACCESS TO SITE
2.1 If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) before using/accessing the Site and its Services. “Services” shall mean all information including linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software or other materials made available through the Site or its related services.
2.2. If you are the parent or legal guardian of a minor in question, you must accept and comply with these Terms on the minor’s behalf in addition to being responsible for the minor’s actions, any charges with the minor’s use of and/or purchases made on the Site.
2.3. If you do not agree to these Terms or have not obtained consent from your parent(s) or legal guardian(s), you must desist from using/accessing this Site and its Services.
2.4 You must be registered as a member of Scanwolf Flooring before you may use/access certain Services on the Site. All matters relating to the membership of Scanwolf Flooring shall be governed by Scanwolf Flooring’s Membership Terms & Conditions which may be found at Membership Terms & Conditions document.
2.5 All matters relating to placing an order for our products shall be governed by Scanwolf Flooring’s Terms of Use for Transactions which may be found at Terms of Use for Transaction document.
2.6 Please also refer to our privacy policy for information about how we use your personal data which may be found at Privacy Policy document.
3. USER OBLIGATIONS
3.1 You agree that you will not:
(a) use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
(b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
(c) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(d) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
(e) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(f) upload files that contain viruses, corrupted files, or any other similar software or programs including but not limited to Trojan horse, worm, logic bomb that may damage the operation of another’s computer or property of another;
(g) engage in mass automated, systematic or any form of extraction of the material (“Content”) on our Site, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Site content;
(h) violate any applicable laws or regulations; and
(i) create a false identity for the purpose of misleading others.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are our property. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Site you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Site or its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Site or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Site on any other server or as part of any other website.
4.2 Without limiting other remedies available to us, we may limit, suspend, or terminate your accounts, prohibit your access to our Site and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Site if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
5. NOTIFICATION OF INFRINGEMENT
5.1 If you believe that your copyright has been infringed, and such infringement is occurring on the Site, please notify us in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act (“Infringement Notice”).
5.2 All Infringement Notice shall be delivered by hand to us at the following address:
Attn: Marketing Team of Scanwolf Flooring
Address: 3, Jalan Pekaka 8/1D, Kota Damansara, 47810 Petaling Jaya, Selangor, Malaysia.
5.3 We will duly consider all Infringement Notice submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Site prior to such removal by us.
5.4 You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Site.
6. USER GENERATED CONTENT
6.1 By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to the Site while logged in as a member, you hereby grant to us rights as stated in the Scanwolf Flooring’s Membership Terms & Conditions and/or the Scanwolf Flooring’s Terms of Use.
6.2 For all other websites users, by submitting any content (including without limitation, any photograph, words, pictures, or symbols) to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to our Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license.
6.3 We also reserve the right to remove any content submitted by you from the Site at our sole and absolute discretion.
7. USE OF COOKIES
7.1. We may use session cookies to provide a seamless experience on the Site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. Cookies are pieces of information that your browser stores on your computer’s hard drive which identify you when entering the website. If you have set your browser to reject cookies, our site will not identify you when you enter.
7.2. We may also collect information about you in connection with social networking sites that include details such as your name, nickname and comments. We may use the information collected about you for:
(a) fulfilment and record keeping purposes;
(b) research, statistical, data matching and product development; and
(c) the purpose of communicating with you all the matters aforementioned.
8. THIRD PARTY SITES
8.1 Links on the Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk.
9. NO GUARANTEE OF ACCESS
9.1 We do not guarantee access to the Site, since access over the internet can sometimes be affected by technical failures or third-party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on the Site in order to make changes to it or to correct technical problems that have arisen.
10. SUSPENSION AND TERMINATION
10.1 You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on and pursuant to the Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Site on a temporary or permanent basis.
10.2 We reserve the right to upgrade, modify, suspend or discontinue, whether in whole or in part, any aspect of the Site, including the availability of any features or any services of the Site from time to time and without giving any reason or prior notice, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of the services.
11. INDEMNITY
11.1 At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Site; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Site using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. EXCLUSION OF LIABILITY
12.1 The Site and all data and/or information contained therein are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Site, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Site are provided for informational purposes only.
12.2 We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
(a) any access, use or the inability to access or use the Site, or reliance on the content and/or any information in the Site;
(b) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; and
(c) any use of or access to any other websites linked to the Site, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.
12.3 We are not obligated to monitor, control or endorse the content on the Site, and therefore specifically disclaims any liability arising from or in connection with your use of the Site. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content or terminate your access to the Site at our sole discretion at any time, without notice, for any reason whatsoever.
12.4 This exclusion clause shall take effect to the fullest extent permitted by Malaysia law.
13. GENERAL
13.1 No partnership/agency: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. You agree that you may not and will not hold yourself out as our representative, agent, or employee, and we shall not be liable for any representation, act, or omission on your part.
13.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
13.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13.4 Entire agreement: These Terms (and our Privacy Policy) contains all these Terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms) and that party’s only remedies shall be for breach of contract as provided in these Terms.
13.5 No waiver: No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless signed in writing by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
13.6 Notices: Except as explicitly stated otherwise, any legal notices shall be served on Scanwolf Marketing Sdn. Bhd. via registered mail, to our address at 3, Jalan Pekaka 8/1D, Kota Damansara, 47810 Petaling Jaya, Selangor, Malaysia. or email at marketing@scanwolfflooring.com (in our case) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing unless otherwise required by law.
13.7 Survival: In any event, clauses contained in these Terms which intend to survive the termination of these Terms shall remain in full effect and enforceable upon the termination of these Terms. In the event you use the Site again, then the provisions of these Terms that then apply will govern your re-use of the Site.
13.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
13.9 Third Party Rights: No person shall have any third party right to enforce any of these Terms.
13.10 Governing law: These Terms shall be construed and its performance governed in accordance with the law of Malaysia, and you fully agree to submit to the exclusive jurisdiction of the Malaysia courts.