1. CONTENT OF THE WEBSITE
1.1 We make available on the Website smartphone and gadget-related news and other related content such as analytics and tools.
1.2 We may from time to time, at our sole discretion, vary, amend, add to, suspend or remove any content of the Website, with or without giving you prior notice.
1.3 The Website may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions, or other disruptions.
2. FEE (WHERE APPLICABLE)
2.1 We reserve the right at any time to charge subscription fees for access to the Website or any content thereof or for the use of any special feature comprised therein. The amount of subscription fee, the subscription period, and the specific terms of subscription governing the access or use thereof will be indicated on the online registration form.
2.2 You shall bear any taxes, duties, or levies to which the subscription fee is subject.
3. YOUR OBLIGATIONS
3.1 You need to set up or configure your PC and devices properly to have optimal access to the Website at all times. As we may from time to time incorporate new technologies in the Website, we suggest you get expert help in configuring and maintaining the PC and devices you use to access the Website. You are solely responsible for charges payable to connect your PC and devices to the Website such as Internet connection charges, cellular network data charges, and other related fees or charges.
3.2 Information transmitted through the Internet and other network services is generally not secure. We, therefore, cannot and will not guarantee the privacy or security of any information you transmit to us when accessing the Website including your personal information, your User ID, and Password. You should take the necessary security measures (such as changing Passwords regularly) to protect such information. Please notify us immediately if you discover any unauthorized use of your User ID and/or Password or any other breach of security.
3.3 You must use the Website in a manner consistent with any and all applicable international and local laws, regulations, and directives.
3.4 The Website is made available to you for your own personal use only. In no event must you use the Website for or in connection with any business or commercial enterprise, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise.
4. INTELLECTUAL PROPERTY
4.1 All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in, or accessed through the Website and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our property or that of our licensors, as the case may be. No intellectual property or other rights is transferred to you.
4.2 You may not modify, copy, distribute, republish or download any of the material on the Website without our prior consent in writing.
4.3 You do not acquire any rights to any User ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
4.4 You may not use the Website and the information contained therein to construct database of any kind nor store the information (in its entirety or in any part) in databases for access by you or any third party nor distribute any database services containing all or part of the Website.
5. NO WARRANTY
5.2 In particular, we do not give any warranty in respect of the timeliness, accuracy or completeness of any information provided on the Website because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.
5.3 Content displayed on the Website may include views and opinions of third parties which do not necessarily reflect our view. Therefore we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these views and opinions.
5.4 Where we provide advertisements of third party products or services on the Website (whether or not by way of hypertext links to another website) we do so for information purpose only, and such advertisements are not endorsements or approval by us of any such products or services and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third party websites to which such advertisements are linked and your access to such websites shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon.
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.
6.2 Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
• your use or inability to use the Website or any part thereof;
• any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the Website;
• the inaccuracies, delays, omissions, non-deliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.
9.1 Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provided below.
10.1 We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. You may however not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
11. NO WAIVER
13. ENTIRE AGREEMENT
15. GOVERNING LAW & JURISDICTION
15.2 As the Website may be accessed internationally, the users who access the Website are responsible for compliance with the laws of the jurisdictions from which they access the Website, if and to the extent local laws are applicable.
16. PERSONAL DATA PROTECTION POLICY
16.1 On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the Website. We are entitled to rely on any information you provide to us.
16.2 Please refer to our Personal Data Protection Notice page for our personal data protection policy governing our collection of personal data.
19. LINKING AND FRAMING
19.2 You acknowledge that the Website, including but not limited to the text, contents, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, with our look and feel (collectively “Look and Feel”), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon linking to the Website pursuant to the terms and conditions of this Section 19, you will be granted a non-exclusive, non-transferable, royalty-free license to use the Website mark solely for providing an underlined, textual link from your website to smartphonedeck.com. No other use of smartphonedeck.com mark or name is permitted without our prior written consent.
19.3 Without limiting the provisions contained in this Section 19, you may include a link on your website to the homepage of the Website, currently located at smartphonedeck.com (the “Home Page”). Please notify us at our email address specified below when you link to the Home Page pursuant to this Section 19.3. You may not however link to the Website any site containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
19.4 We are concerned about the integrity of the Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, we are concerned with activities such as linking to an internal or subsidiary page of the Website that is located one or several levels down from the Home Page (“deep linking”), or bringing up or presenting the content of the Website within another website (“framing”). In this regard, without limiting the provisions contained in this Section 19.4, you must make a specific request for, and secure permission from, us prior to deep linking to, or framing, the Website or any of its content, or engaging in similar activities. If you would like to deep-link to or frame the Website, or any of its content, you must request permission from us.
19.5 We may by notice to you and without assigning any reasons, therefore, revoke any prior permission granted to you under this Section 19.5 to link or deep-link to or frame the Home Page or any part thereof and you shall forthwith upon receipt of the notice cease such linking or deep linking or framing.