Terms and Conditions
- The trademarks, logos and service marks (collectively, “Marks”) as well as the contents (including but not limited to information, communications, software, images, videos and sounds) (collectively, “Contents”) available in the Pensonic Estore, including all the contents in linked sites directly or indirectly accessible from the Pensonic Estore (hereinafter collectively referred to as “the Marks and Contents”) are provided to you “as is” and “as available” without warranty of any kind either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security accuracy or typographical errors. We specifically disclaim any liability or responsibility for any errors, omissions, viruses, defamatory, offensive or other harmful matters in the Marks and Contents. Neither Pensonic nor any other party involved in creating, producing, or delivering the Pensonic Estore is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, or inability to use or access, the Pensonic Estore.
- Any of the Marks and/or Contents downloaded, uploaded or otherwise obtained through the use of the Pensonic Estore is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Pensonic Estore or on the Internet generally.
2. PERSONAL USE AND INTELLECTUAL PROPERTY RIGHTS
- By using the Pensonic Estore and the linked sites, you agree that it shall be for lawful purposes only.
- The Marks and Contents contained on or available on the Pensonic Estore belong to Pensonic, its content providers and third party licensors. You should assume that all Marks and Contents on the Pensonic Estore are protected by copyright and applicable intellectual property rights unless otherwise noted.
- You must not reproduce, modify, transfer, distribute, republish, download, post or transmit the Marks and Contents in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. You agree that the Marks and Contents contained within or available through the Pensonic Estore shall not be used for commercial purposes or distributed commercially. Any unauthorized use of the Marks or Contents is strictly prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All our rights are expressly reserved.
3. USER CONDUCT
- You are prohibited from posting or transmitting any unlawful, seditious, threatening, defamatory, libellous, obscene, pornographic or profane material or any material on the Pensonic Estore or its linked sites that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
- The Web Site may provide links to other web sites hosted by third parties (“Linked Sites”). We do not have the obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners, or their providers. You shall assume all risk with respect to its use.
5. LIMITATION OF LIABILITY
- We do not warrant or represent that the Marks and Contents on the Pensonic Estore is complete or up-to-date and have no obligation to update any of the Contents on the Pensonic Estore. We may make improvements or changes to the Pensonic Estore and the Contents at any time without notice. You agree that Pensonic and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation loss of profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Pensonic Estore or a Linked Site, or with the delay or inability to use the Pensonic Estore or a Linked Site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems such as inability to access your internet service provider, unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. While we have taken reasonable commercial endeavours to ensure security and maintenance of the Pensonic Estore, we cannot and do not guarantee continuous, uninterrupted or secure access to the Pensonic Estore.
6. TRANSMISSION OF PERSONAL DATA
- If any of these Terms and Conditions is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
- Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
- You shall indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to legal fees) arising out of your use of the Pensonic Estore, any violation of these Terms and Conditions and/or any breach or alleged breach of any of your representations .
10. LAWS AND REGULATIONS
- Your access and use of the Pensonic Estore shall be governed by and construed in accordance with the laws of Malaysia without reference to its conflicts of law rules and, you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.