By accessing, visiting and/or using any page of this website (www.salutica.com) (“Website”), you hereby agree and consent to the following terms and conditions:-
1.GENERAL
a) This Agreement is made between you and Salutica Berhad. and all of its subsidiaries whether individually, collectively or in any such other combination (“Salutica”).
b) You hereby agree that the terms, conditions, representations, information, materials and/or all other forms of content of this Agreement as well as of this Website and the services thereto may be amended, altered, replaced, updated and/or discontinued, whether in whole or in part thereof, without any notice to you.
c) Salutica hereby grants you a license to access and/or visit this Website and to use the services contained therein to the extent as permitted by Salutica subject to the terms of this Agreement and all other agreements and policies between you and Salutica as well as to the extent and manner that is expressly allowed and/or dictated based on the existing nature, form, layout, limitations and properties of the services without any form of tampering, modification and/or altering on your part.
2. INTELLECTUAL PROPERTY
a) You acknowledge and agree that this Website as well as the services thereto contains proprietary and confidential information, material, content and intellectual property belonging to Salutica including, but not so limited to, copyrights, designs, databases, confidential information, layouts, patents, trade marks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”)
b) Unless otherwise expressly provided by this Agreement, you hereby agree and acknowledge that the accessing, visiting and/or use of this Website and/or the services contained thereto in no manner gives you any form of proprietorship, license, authorization and/or permission to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, modify or otherwise exploit and/or deal with the Intellectual Property.
3. THIRD PARTY LINKS
This Website and/or its services may contain certain links to other third party websites. You hereby understand and agree that Salutica in no manner makes any representations, warranties nor take any form of responsibility or obligation as to the contents of such other websites as well as to any aspect of any products or services therein.
4. DISCLAIMER
a) Salutica does not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of this Website nor its services and any use by you is solely and fully at your own risk.
b) This Website and its services is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, Salutica disclaims all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to this Website and its services.
c) You acknowledge and accept that Salutica does not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of this Website and its services as well as to any error-free use of this Website and its services.
d) You acknowledge and accept that Salutica does not make any representations nor warranties in relation to the compliance with or non-infringement of any third party rights with regards to this Website and its services. You acknowledge and accept that you do not rely on any representations nor warranties from Salutica in relation to any such third party rights and any infringement or non-compliance of any such third party rights by you via this Website and its services shall be at your sole risk and responsibility.
e) You hereby acknowledge and agree that no oral nor written representations given by any authorised representatives or agents of Salutica outside of this Agreement shall create any warranty in your favour in relation to this Website and its services.
5. EXCLUSION OF LIABILITY
To the fullest extent permitted by law, in no event shall Salutica be liable for any personal or physical injury, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, failure to transmit and/or receive data in relation to the use this Website and its services as well as all other forms of non-performance, use or inability to use this Website and its services whatsoever and howsoever arising.
6. WAIVER AND INDEMNITY
In the event that your use of this Website and its services infringes any third party rights, you hereby agree to waive all claims against Salutica pursuant to any such infringement as well as to completely hold Salutica harmless and indemnify Salutica against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs that may arise out of such infringement.
7. TERMINATION
a) You acknowledge and agree that any failure on your part to comply with any one term(s) of this Agreement shall amount to a fundamental breach. In the event that you fail to comply with any one of the term(s) of this Agreement, this Agreement shall be automatically terminated without any notice to you from Salutica. For the avoidance of doubt, the termination of this Agreement shall not affect any rights and claims of Salutica accrued against you arising prior to as well as after the termination of this Agreement.
b) In the event of termination, you shall immediately cease all use of this Website and its services.
8. MISCELLANEOUS
a) The terms and conditions of this Agreement constitutes the entire agreement between you and Salutica in relation to this Website and its services and supersedes all prior and/or contemporaneous representations and/or understandings regarding the Website and its services. No amendment, modification, waiver, addition and/or deletion of this Agreement or any part thereof shall be binding unless having been made in writing and executed by authorised signatories of Salutica.
b) This Agreement may be translated in different languages for the purposes of local requirements in different jurisdictions. In the event that there is any differences, discrepancy and/or dispute between the English version and Non-English version of this Agreement, the English version of this Agreement shall prevail.
c) You shall not assign or transfer any rights nor license granted to you under this Agreement. This Agreement, inclusive of the rights and obligations thereunder, however may be assigned and transferred by Salutica to any other third party at its sole discretion without your consent nor any notice to you.
9. LAW AND JURISDICTION
You acknowledge and agree that the use of the Website and this Agreement shall be governed by the laws of Malaysia and you hereby irrevocably submit to the jurisdiction of the Malaysian courts.