Coway (Malaysia) Sdn. Bhd. ("COWAY") provides the contents, products and services available in our web site (the “Site”) to you subject to the following terms and conditions, its , other terms and conditions, and policies which you may find throughout the Site in connection to the products and services provided by or through the Site all of which deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions").
By accessing or using the Site, you acknowledge that you have read, understood and agreed, without any limitation or qualification, to be bound by these Terms and Conditions, which may be amended by COWAY at any time and from time to time.
SECTION 2. General Conditions
COWAY reserves the right to refuse providing the products and services available in our Site to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 3. Site Information
Purchase of the products or services on this Site shall be subject to additional terms and conditions and policies referred herein and/or made available by hyperlink. All photos and images of products and services used and displayed on this Site are solely for illustration purposes only; actual item/colour may vary. If you are not based in Malaysia i.e. being an international visitor to this Site, you should not rely on information contained in this Site, including without limitation specifications or pricing.
SECTION 4. Products or Services
Certain products or services may be available exclusively through the Site. These products or services may have limited quantities. COWAY reserves the right to limit the quantities of any products or services that COWAY offers. We do not warrant that the quality of any products, services information purchased or obtained by you will meet your expectations.
SECTION 5. Modification to the Products or Services, and Prices
We reserve the right at any time to modify or discontinue the products or services (or any part thereof) without notice at any time. Prices for our products and services are subject to change without notice. COWAY shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products and the services.
SECTION 6. Third Party Links
The Site may provide links to other World Wide Web sites or resources that are not affiliated with us ("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 such Third Party Links, nor does COWAY assume any responsibility or liability for the actions, contents, products, or services of such Third Party Links, including, without limitation, its privacy policies and terms and conditions. You should carefully review and understand the terms and conditions and privacy policies of all such Third Party Links that you visit before you engage in any transaction.
SECTION 7. Personal Information
COWAY recognizes that your privacy and your personal information are very important to you. Your submission of personal information through the Site is governed by our Privacy Notice and the same is detailed in this link https://www.coway.com.my/privacy-notice.
SECTION 8. Intellectual Property
All information and content available on the Site and its "look and feel", including but not limited to the logos, service marks, texts, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organisation (collectively, the "Content") are the intellectual property of COWAY and the same are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such content or any part of the Site is strictly prohibited.
SECTION 9. Your Obligations and Responsibilities
- Use of the Site - In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall always act in accordance with the law, custom and in good faith. You shall not make any changes or alterations to the Site or any Content or services that may appear on the Site and shall not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully default 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.
- Payments -You represent and warrant that if you are purchasing or renting the products on the Site from COWAY that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card provider, and (iii) you will pay the charges incurred by you at the published prices, including any applicable taxes.
- Your Account - You may choose to create an account on the Site if you are eighteen (18) years of age and above wherein you will have a 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 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. For the avoidance of doubt, COWAY reserves the right to refuse service and/or terminate your account without prior notice if these Terms and Conditions are violated, if the Site is discontinued or for good cause.
- Your Information - You are responsible for keeping your account information current, complete accurate and truthful. Please note that your account can be terminated without notice if COWAY determines that false or misleading information has been provided.
SECTION 10. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receiving 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 notices posted on the Site. 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 electronicallyand discontinue your use of the Site. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate.
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.
SECTION 11. Disputes and Liability
With respect to any dispute, claim, or controversy regarding the Site, 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 Site.
SECTION 12. Indemnification
You agree to defend, indemnify and hold COWAY, its parents, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any losses, damages or costs, including reasonable attorneys' fees, resulting from any third party claims, actions, or demands arising from your use of the Site or the Content in violation of any law, rule, regulation or these Terms and Conditions. You also agree to indemnify the Indemnified Parties for any losses, 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 COWAY’s infrastructure.
SECTION 13. Disclaimer
The information on the Site are presented “as is”, “as available,” and all warranties of any kind whatsoever, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
The information and services on the Site may contain bugs, errors, problems or other limitations. COWAY shall owe no liability whatsoever for your use of any information or services. In particular, but not as a limitation, COWAY is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. No advice or information, whether oral or written, obtained by you from COWAY through the Site shall create any warranty, representation or guarantee not expressly stated in these Terms and Conditions.
SECTION 14. Limitation of Liability
To the fullest extent permitted by 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 Site; (c) non-delivery, misdelivery, corruption, destruction or other modification of data; (d) loss or damages of any sort incurred as a result of dealings with the presence of any Third Party Links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during use of any Third Party Links; (f) any inaccuracies or omissions in the Content; or (g) any event beyond COWAY's reasonable control.
COWAY shall not be liable for any indirect or consequential losses under these Terms and Conditions or the use of the Site.
SECTION 15. Entire Agreement
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement with COWAY concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
SECTION 16. Miscellaneous
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.