These Terms of Use ("Terms of Use") apply to the https://www.perpetual.com.my/ (“Website”), EPERPETUAL SDN BHD [Company Registration No. 200101012870 (548627-P)], and all of its divisions, subsidiaries and affiliate operated internet sites which make reference these Terms of Use. “EPERPETUAL” means EPERPETUAL SDN BHD [Company Registration No. 200101012870 (548627-P)] a company incorporated in Malaysia and having its place of business at 3-5, Level 3, KPMG Tower, 8 First Avenue, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan. The words ‘we’ or ‘us’ or ‘our’ means EPERPETUAL. The term 'you' and 'your' refer to customers and public.
Please read these Terms of Use carefully before browsing, accessing or using the Website. By browsing, accessing or using the Website and/or placing an order through the Website, you are deemed to have read, understood and expressly agreed to be bound by these Terms of Use. If you are not agreeable to any of these Terms of Use, you shall immediately stop browsing, accessing or using the Website. These Terms of Use shall apply to anyone who browses, accesses or uses the Website.
EPERPETUAL reserves the right to amend, change, modify, add, or remove these Terms of Use or any part thereof at any time, which will take effect immediately at the time of posting on the Website without further notice. It is your responsibility to check the Website regularly for the changes. Your browsing, access or use of the Website after such posting will be deemed as acceptance of such amendments, changes, modification, addition or removal of these Terms of Use.
Any breach of these Terms of Use by you will result in the termination or suspension of your use and access to the Website.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the construction of these Terms of Use.
You must register an account with us in order to obtain a quotation or place an order through the Website. To register, you shall:
(i) provide us with true, current and complete information about yourself including but not limited to your name or your company name, company number, email address, contact person, payment details and such other particulars as shall be required by us from time to time;
(ii) from time to time, maintain and promptly update your registration data which are set out in your account or profile to keep it true, accurate, current, and complete.
EPERPETUAL reserves the right to decline registration or cancel your registration or your account at EPERPETUAL’s sole discretion without assigning any reason. After registration has been completed, you will be given a password and account. You shall keep the password confidential and immediately notify EPERPETUAL if you are become aware of any unauthorised use of your password or account by third party. You are responsible for all transactions carried out using your account and password. We shall not be responsible for any misuse of your account by someone who uses your password and account
While browsing or using the Website or placing an order through the Website, you shall comply with all applicable laws, statutes, ordinance, and regulations in Malaysia or in your jurisdiction. In addition, you represent, warrant and undertake that you shall not use the Website for any purposes that are immoral, unlawful or prohibited in law or by these Terms of Use and notices, amongst others, are as follows:-
(i) Not to upload, post, email or otherwise transmit any content that is immoral, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) Not to upload, post, email or otherwise transmit any material that contains worms, 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;
(iii) Not to collect or store personal data about other users; and
(iv) 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.
By browsing, accessing or using the Website, you represent and undertake to EPERPETUAL that:-
(a) you shall not use the Website for any illegal, immoral or unauthorised purpose nor shall you, in the use of the Website, violate any laws in Malaysia or in your jurisdiction (including but not limited to any intellectual property laws); and
(b) you must not, transmit or cause to be transmitted any worms or viruses or any code of destructive nature on or through the Website.
DISCLAIMER AND LIMITATION OF LIABILITY
The information, materials and services contained on the Website or in EPERPETUAL’s email have been posted on an "as is", and "as available" basis. We do not warrant or guarantee the accuracy or completeness of these information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in these information, statements, contents and materials. We shall endeavour, but we are not obliged to correct any inaccuracies, errors, omissions, or typographical errors in the information posted to the Website, and such information including information on pricing and availability of products may be changed, amended or updated from time to time without notice.
You shall be responsible in maintaining and promptly updating your registration data set out in your account or profile to keep it true, accurate, current, and complete. You further warrant or guarantee the accuracy, currency and/or completeness of these information. Other information, services or functionalities contained in your account or profile which have been provided or made available by EPERPETUAL such as historical data, credit information, analytics and trends (“Additional Information”) have been posted on an "as is", and "as available" basis and is for general information and is not intended to address your specific requirements and does not constitute any form of advice or recommendation by EPERPETUAL. You acknowledge that such Additional Information furnished out in your account or profile does not necessarily reflect the views and opinions of EPERPETUAL and that such Additional Information should not be relied upon by you in making (or refraining from making) any specific purchases or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. In addition, we do not warrant or guarantee the accuracy or completeness of such Additional Information furnished in your account or profile and expressly disclaim any liability for any errors, omissions and/or inaccuracies in such Additional Information. We shall endeavor, but we are not obliged to correct any inaccuracies, errors, omissions or typographical errors in such Additional Information furnished in your account or profile.
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:
(a) use of the Website, or inability to see, access or use the Website by any party; or
(b) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
(c) line or system failure or the introduction of a computer virus, worm 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.
USER SUBMISSIONS
Anything that you post on or submit to or through the Website and/or provide to EPERPETUAL, including but not limited to, questions, reviews, comments and suggestions (collectively, "Submissions") shall be treated as non-confidential and non-proprietary and shall become EPERPETUAL’s sole and exclusive property and shall not be returned to you.
EPERPETUAL may then disseminate or use such Submissions for any purposes whatsoever including but not limited to reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. In addition, when you post comments or reviews to the Website, you also grant EPERPETUAL an irrevocable and unconditional right to use the name that you submit, in connection with such Submissions. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead EPERPETUAL or third parties as to the origin of any Submissions. EPERPETUAL may, but shall not be obliged to, respond to, remove or edit any Submissions.
ORDER AND ACCEPTANCE
Our quotation or the information, products and services provided on the Website shall not under any circumstances whatsoever be considered or construed as an offer to sell.
We reserve the right not to process your order or not to accept your order. EPERPETUAL reserves the right to refuse or cancel any order for any reason at any given time. Where you have requested for our quotation, you are to note that our quotation shall valid for a certain period only and upon expiry, shall no longer be valid. We may also request for further information from you in order to process your order, including but not limited to your address, email address and payment details and you shall promptly provide true, current and complete information to EPERPETUAL.
EPERPETUAL may, at EPERPETUAL’s sole discretion, set a limit to the quantity of an order which is placed by or under your account, same credit card, and/or use the same billing and/or shipping address. In the event your order exceeds the limit, you may contact EPERPETUAL to increase the limit. However, any increase of limit is at EPERPETUAL’s sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, all copyright in the Website design, contents, text, images, and graphics belongs to EPERPETUAL. All Rights are reserved. Unless permitted by EPERPETUAL, none of the contents or materials may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes.
You shall not, without the EPERPETUAL’s expressed prior written consent, insert a link to the Website on any other website, frame or "mirror" any material contained on the Website on any other server.
Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action.
We disclaim all liability which may arise from any unauthorized reproduction or use of the contents of the Website.
Unless otherwise indicated, all trade names, domain names, brand names, trade symbols, logos, trademarks and services marks are the property of EPERPETUAL and/or their respective third party proprietors as identified in the Website.
Unless the prior written consent of EPERPETUAL or the relevant third-party proprietor of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing the Website to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of EPERPETUAL or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the Website or any other site.
PRIVACY
We are committed to safeguarding your privacy and will not disclose to third parties outside the EPERPETUAL organization. Our privacy policy is detailed in [ ] and you are to read it thoroughly. By accepting these Terms of Use, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
Our privacy policy may change from time to time and all changes will be posted here on the Website. When so posted, they shall become effective immediately. It is your duty to monitor the changes posted.
By registering, you consent and authorize EPERPETUAL to carry out credit or reference checks from any source including but not limited to credit information, from the Inland Revenue Authorities, Insolvency Department, Companies Commission of Malaysia, EPF, other financial institutions, Central Credit Reference Information System (CCRIS), SME Credit Bureau, any other credit reference or credit reporting agencies, any other public records, person, individual and/or entity, as EPERPETUAL shall deem appropriate.
SECURITY
We do not warrant, guarantee, or make any representation regarding the security of accounts, or that the Website 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 the Website will be fully accessible at all times, uninterrupted, or error-free.
Any electronic communication sent to EPERPETUAL may not be secure and thus may be disclosed. Accordingly, users are requested not to send sensitive or confidential information electronically. In addition, the sending of electronic mail to any staff or other contact identified on the Website or any communications, whether by way of feedback or response to queries or otherwise, does not create a purchaser and seller relationship between you and EPERPETUAL.
COOKIES
A cookie is a small text file that your web browser stores in your computer. EPERPETUAL may use cookies to identify you when you return to the Website and help us to customize your web experience in order to provide you with the better user experience.
Our cookies are safe and do not collect your name, address or product information contained within the cookies itself. The cookie simply holds the 'key' that once read by the Website, it will unlock your information.
Most web browsers automatically accept cookies. However, you can disable cookies on your computer or have your browser notify you when you receive a new cookie by indicating this in the preferences or options menu in your browser.
LINKS
Links from or to websites (if any) outside the Website are meant for convenience only. Such linked websites are owned and operated by third party and as such are not under our control. Therefore, we shall not be responsible and make no warranties in respect of the contents of those websites, the third parties named therein or their products and services.
The provision of the links shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. 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.
It is advisable for you to read the privacy policy statements (if any) of any websites which are linked to this website. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
TERMINATION
Without prejudice addition to any other legal or equitable remedies, EPERPETUAL may, without prior notice to you, at any time terminate or suspend your use or your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Website and EPERPETUAL shall, without prejudice to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination.
INDEMNITY
By accessing or using the Website, you hereby irrevocably and unconditionally agree to indemnify and keep us indemnified from all liabilities, claims, losses and expenses, including but not limited to any legal fees that may be incurred by EPERPETUAL in connection with or arising from:
(a) your use or misuse of the Website and the services provided herein;
(b) your breach of these Terms of Use howsoever occasioned; or
(c) any intellectual property right or proprietary right infringement claim made by a third party against EPERPETUAL in connection with your use of the Website.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. By browsing, accessing and using the Website and/or purchasing the products or using the services provided herein by EPERPETUAL, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of the Website.
WAIVER
The failure or indulgence of EPERPETUAL to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
SEVERABILITY
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.