Please read these website terms of use carefully before using this Hartalega website - www.hartalega.com.my (hereinafter “Website'”). The expression “Hartalega” shall refer to the company including its subsidiaries, related or associated companies. These Website terms of use (hereinafter “Terms of Use”) govern your access to and use of the Website. The Website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the Terms of Use, do not access or use the website. By accessing or using the Website, you and the entity you are authorised to represent (hereinafter “you” or “your”) signify your agreement to be bound by the Terms of Use.
USER ELIGIBILITY
The Website is provided by Hartalega and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law.
SCOPE OF TERMS OF USE
These Terms of Use govern your use of the Website and all applications, software and services (collectively known as "Services") available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the Website ("Service Agreement(s)"). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.
MODIFICATIONS
Hartalega may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of Hartalega. Hartalega may also change or impose fees for products and services provided through the Website at any time, at its sole discretion. Hartalega may establish or change, at any time, general practices and restrictions concerning other Hartalega products and services at its sole discretion.
HARTALEGA PRIVACY NOTICE
By entering the Website, you acknowledge that you fully understand the contents, agree unconditionally with all the terms and conditions and hereby grant all such consents stipulated in the Hartalega Personal Data Protection Policy:
https://hartalega.com.my/personal-data-protection-policy/
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Hartalega, its affiliates or third parties. The Content is protected by Intellectual Property and other laws in Malaysia. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade names ("Marks") of Hartalega, its affiliates or other entities that have granted Hartalega the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of Hartalega. Except as otherwise expressly authorised by these Terms of Use, you may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without Hartalega's prior written permission or that of an appropriate third party. Except as expressly provided herein, Hartalega does not grant you any express or implied rights to the Intellectual Property of Hartalega or that of any third party.
Hartalega hereby grants you a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Website, Content and Services only in the manner presented by Hartalega, and (b) access and use the Hartalega computer and network services offered within the Website (the "Hartalega Systems") only in the manner expressly permitted by Hartalega. Except for this limited license, Hartalega does not convey any interest in or to the Hartalega Systems, information or data available via the Hartalega Systems (the "Information"), Content, Services, Website or any other Hartalega property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Hartalega. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by Hartalega.
RESTRICTIONS ON USE OF THE WEBSITE
In addition to other restrictions set forth in these Terms of Use, you agree that:
You shall not disguise the origin of information transmitted through the Website.
You will not place false or misleading information on the Website.
You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Hartalega.
You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
You may not use or access the Website or the Hartalega Systems or Services in any way that, in Hartalega's judgment, adversely affects the performance or function of the Hartalega Systems, Services or the Website or interferes with the ability of authorised parties to access the Hartalega Systems, Services or the Website.
You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Hartalega.
LINKS
The Website may contain outbound links to third-party websites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Hartalega of the content of such Linked Sites. Hartalega makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Hartalega shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
Inbound Links: Linking to any page of the Website other than to https://hartalega.com.my/ through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Hartalega. Any website or other devices that link to https://hartalega.com.my/ or any page available therein is prohibited from
replicating Content,
using a browser or border environment around the Content,
implying in any fashion that Hartalega or any of its affiliates endorse it or its products,
misrepresenting any state of facts, including its relationship with Hartalega or any of the Hartalega affiliates,
presenting false information about Hartalega products or services, and
using any logo or mark of Hartalega or any of its affiliates, without express written permission from Hartalega
TERMINATION
You agree that Hartalega, at its sole discretion, may terminate or suspend your use of the Website, the Hartalega Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately
discontinue your use of the Website, and
destroy any copies you may have made of any portion of the Content. Accessing the Website, the Hartalega Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, you agree that Hartalega shall not be liable to you or to any third party for any termination or suspension of your access to the Website, the Hartalega Systems, Information and/or the Services.
DISCLAIMER OF WARRANTIES
Hartalega makes no representations about the results to be obtained from using the Website, the Hartalega systems, the services, the information or the content. The use of same is at your own risk. The website, the Hartalega systems, the information, the services and the content are provided on an "as is" basis. Hartalega, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. Hartalega and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the Hartalega systems. No information obtained by you from the Website shall create any warranty not expressly stated by Hartalega in these terms of use.
LIMITATION OF LIABILITY
To the extent permitted by applicable law and to the extent that Hartalega is otherwise found to be responsible for any damages, Hartalega shall be responsible for actual damages only. To the extent permitted by law, in no event shall Hartalega, its affiliates, licensors, suppliers or any third parties mentioned on the website be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the Hartalega systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not Hartalega is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.
COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole discretion of Hartalega, negatively reflect on the goodwill or reputation of Hartalega and you shall take no action which might cause Hartalega to be in breach of any laws, rulings or regulations applicable to Hartalega.
You agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under Malaysia or other applicable export control laws or regulations. If you access and download the Content or Information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
GOVERNING LAW AND JURISDICTION
To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of Malaysia and courts in Malaysia will have jurisdiction.
GENERAL
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement for these Terms of Use to be proved by means of a written document.
Disclaimer
- Subject to the Terms of Use, you may download any of the contents or materials from the Website solely for your personal reference but will make no other use of the contents or materials without the express written permission of Hartalega or its authorised officers. You will not make any changes to the contents or materials that you download, and you agree that you do not acquire any ownership rights in any downloaded contents or materials. You will not reproduce, dissipate, modify, publish, distribute, transmit, transfer, sell, create derivative works, or in any way exploit any of the contents or materials, in whole or in part, found on the Website. You will use the Website and any contents or materials therein solely for lawful purposes.
- Whilst Hartalega endeavours to ensure that the contents and materials included in the Website are accurate, reliable and complete, neither Hartalega nor its directors, officers, employees and agents warrant, represent or guarantee the accuracy, reliability and completeness of the contents and materials included in the Website. Hartalega expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement and no reliance upon any parts or omission thereof by you shall give rise to any claim, action, proceedings, damages, cost and expenses whatsoever against Hartalega, its directors, officers, employees and agents.
- To the extent permitted by applicable law, you will defend, indemnify and hold Hartalega, its directors, officers, employees and agents harmless from and against all claims, liabilities and expenses arising out of your use of the Website or your breach of any provisions herein.
- If you do not agree to or are not satisfied with the provisions herein, the Website or the contents or the materials therein, your sole and exclusive remedy is to discontinue your use of the Website. Hartalega reserves the right to forthwith modify, add, remove, or amend any or all of the provisions herein or any or all of the contents or materials in the Website at any time at its absolute discretion without prior notice.