TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website owned
and operated by Hileytech Sdn Bhd (“toner2u.my
”), identified by the URL toner2u.my
(the "Site"), but before proceeding
further please read carefully the following
Terms and Conditions of Use which will govern
your use of the Site (”Terms and
Conditions” which expression shall include
any modification that may from time to time be
made thereto by toner2u.my ). By
using the Site or by placing an order through
the Site you agree to and accept all these
Terms and Conditions and therefore have
entered into an agreement with toner2u.my
governing your use of the Site. In addition,
when you use any current or future toner2u.my
service(s), you also will be subject to the
guidelines and conditions applicable to such
service or business.
USE OF SITE
ACCESS
toner2u.my
grants you a limited non-exclusive license to
access and make personal and non-commercial
home use of this Site. As such, you cannot
download the Site (other than page caching) or
modify the Site or its contents or any portion
of the Site or any of its contents, except
with the prior written consent of toner2u.my . This license does not include any resale or
commercial use of this Site or its contents;
any collection and use of any product
listings, descriptions, or prices; any
derivative use of this Site or its contents;
any downloading or copying of account
information for the benefit of another
merchant and/or user; or any use of data
mining, robots, or similar data gathering and
extracting tools. This Site or any portion of
this Site may NOT be reproduced, duplicated,
copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without
prior express written consent of toner2u.my . You may not frame or utilise framing
techniques to enclose any trademark, logo, or
other proprietary information (including
images, text, page layout, or form) of toner2u.my
and the Site without toner2u.my ’s prior
express written consent. You may not use meta
tags or any other "hidden text"
utilising toner2u.my and the
Site’s name or trademarks without the prior
written consent of toner2u.my . Any
unauthorised use automatically terminates the
permission or license granted by toner2u.my .
You are
granted a limited, revocable, and
non-exclusive right to create a hyperlink to
the homepage of the Site so long as the link
does not in any manner whatsoever or howsoever
portray or depict the Site, or its products or
services in false, misleading, derogatory,
obscene or otherwise offensive light or
manner. You may not use any toner2u.my
logo, the Site logo or other proprietary
graphic or trade mark as part of the link
without toner2u.my ’s prior express
written consent.
YOUR
PARTICULARS
When you
register with toner2u.my , you agree to (i)
provide true, accurate, current and complete
information about yourself as prompted by the
Order form (the "Order Data") and to
(ii) maintain and promptly update the Order
Data to keep it true, accurate, current and
complete. You are responsible for maintaining
the confidentiality of your Order Data or
passwords and for restricting access to your
computer, and you agree to accept
responsibility for all activities that occur
under your particulars. toner2u.my
cannot and will not be liable for any loss or
damage arising from your failure to comply
with this Terms and Conditions. If you are
under 18 years of age, you can use the Site
only with involvement of a parent or guardian.
toner2u.my reserves the right to
refuse service, remove or edit content, or
cancel orders at its sole discretion.
RISK OF LOSS
All items
purchased from the Site are made pursuant to a
shipment contract. This means that the risk of
loss and title for such items pass to you upon
our delivery to the carrier.
TERMINATION
You agree that
toner2u.my , at its sole and absolute
discretion, may terminate your use of the Site
for any reason, including, without limitation,
lack of use or if toner2u.my
believes that you have breached or acted
inconsistently with or in disregard of the
letter or spirit of the Terms and Conditions. toner2u.my
may also at its sole and absolute discretion
and at any time, with or without notice,
discontinue providing its services or any part
thereof. You agree that any termination of
your access to the Site under any provision of
this Terms and Conditions may be effected
without prior notice, and acknowledge and
agree that toner2u.my may
immediately bar any further access to the
Site. On the happening of any of the
afore-going, you agree that toner2u.my
shall not in any manner whatsoever or
howsoever, be liable to you or any third party
for any termination of your access to the
Site.
INDEMNITY
You hereby
agree to indemnify and forever save toner2u.my
, its affiliates, directors, officers,
employees, owners, agents, information
providers, licensors and licensees harmless,
from and against any and all losses, claims,
demands, damages, liabilities and/or costs and
expenses, including legal costs, on a full
indemnity basis, which may arise from your use
of the Site, including, but not limited to,
any breach of any of the Terms and Conditions,
or your violation of any rights of another.
You shall use your best efforts to cooperate
with us in the defence of any claim. We
reserve the right (but have no obligation), at
our own expense, to assume the exclusive
defence and control of any matter subject
always to full indemnification by you.
You hereby
acknowledge and agree that any breach of the
Terms and Conditions will result in
irreparable harm and/or losses to toner2u.my
for which monetary damages would or may not be
an adequate remedy and, therefore, in addition
to its rights and remedies otherwise available
at law, toner2u.my will be entitled
to equitable relief, including both a
preliminary or interlocutory and permanent
injunction, if such a breach occurs. You
irrevocably waive any requirement for the
posting of a bond or other security if toner2u.my
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY toner2u.my ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. toner2u.my MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
toner2u.my
DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. toner2u.my
MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES THAT THIS SITE OR THE
FUNCTIONS CONTAINED IN THE MATERIALS ON THE
SITE WILL MEET YOUR REQUIREMENTS; WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR
THAT DEFECTS WILL BE CORRECTED. toner2u.my
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM toner2u.my ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND
TERMS ARE HEREBY EXCLUDED. toner2u.my
WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR
SAVINGS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, WHETHER IN CONTRACT, NEGLIGENCE,
TORT OR OTHERWISE OR ANY OTHER DAMAGES
RESULTING FROM ANY OF THE FOLLOWING (i) THE
USE OR THE INABILITY TO USE THE SITE, (ii) ANY
DEFECT IN GOODS, SAMPLES, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED FROM A USER OR
A THIRD PARTY SERVICE PROVIDER THROUGH THE
SITE, (iii) UNAUTHORISED ACCESS BY THIRD
PARTIES TO YOUR DATA OR PRIVATE INFORMATION,
(iv) STATEMENTS OR CONDUCT OF ANY USER OF THE
SITE, OR (v) ANY MATTERS RELATING TO SERVICES
ACQUIRED THROUGH THE SITE HOWEVER ARISING,
INCLUDING NEGLIGENCE.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE IS DONE AT YOUR SOLE DISCRETION AND RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION
OF DATA THAT RESULTS OR MAY RESULT FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM toner2u.my
OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY STATED
HEREIN.
UNDER NO
CIRCUMSTANCES SHALL toner2u.my BE
HELD LIABLE FOR A DELAY OR FAILURE OR
DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING DIRECTLY
OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR
CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY
OTHER EQUIPMENT FAILURES ELECTRICAL POWER
FAILURES, STRIKES, LABOUR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOUR OR MATERIALS, FIRES, FLOOD, STORMS,
EXPLOSIONS, ACTS OF GOD, ACTS OF TERRORISTS,
WAR, GOVERNMENT ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE
OF THIRD PARTIES.
APPLICABLE LAW
This Site is
created, owned and controlled by toner2u.my
in Malaysia. The Terms and Conditions shall be
governed and interpreted in accordance with
the laws of Malaysia without giving effect to
any principles of conflicts of laws. Those who
choose to access the Site do so on their own
initiative and are responsible for compliance
with local laws, if and to the extent local
laws are applicable.
By visiting or
using the Site or by placing an order through
the Site you hereby irrevocably accept, agree
and consent to the exclusive jurisdiction of
the Courts in Malaysia in all disputes,
controversies or differences of whatsoever
nature which may arise, out of or in relation
to the Terms and Conditions, or the breach
hereof relating to the use of the Site.
ACCURACY OF
INFORMATION
We attempt to be as accurate as possible when
describing our products on the Site.
However, to the extent permitted by applicable
law, we do not warrant that the product
descriptions or other content available on the
Site is accurate, complete, reliable, current,
or error-free.
MODIFICATION
AND DISCONTINUANCE
We reserve the
right at any time and from time to time to
modify or discontinue, temporarily or
permanently, the Site and the Terms and
Conditions (or any part thereof) with or
without notice to you. The amended and
restated Terms and Conditions will be posted
on the Site and shall be effective immediately
upon posting. Posting by toner2u.my
of the amended and restated Terms and
Conditions and your continued use of the Site
shall be deemed to be acceptance of the
amended terms. You agree that toner2u.my
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the Site. Please also review
our other policies posted on the Site. These
policies also govern your visit to toner2u.my ’s website.
WAIVER OF
CONDITIONS OF USE
The failure of
toner2u.my in any one or more
instances to insist upon performance of any of
the terms or conditions contained herein, or
to exercise any right or privilege hereunder,
or the waiver by toner2u.my of any
breach by you, of these terms or conditions of
sale, shall not be construed as thereafter
waiving such terms and condition, rights of
privileges, and the same shall continue and
remain in force and effect as if no failure or
waiver had occurred.
LINKS TO OTHER
WEBSITES
Links to third
party websites on this Site are provided
solely as a convenience to you. Please
exercise discretion while browsing the
Internet using this Site. If you use these
links, you will leave this Site. toner2u.my
has not reviewed all of these third party
sites and does not control and is not
responsible for any of these sites or their
content. Thus, toner2u.my does not
endorse or make any representations about
them, or any information, software or other
products or materials found there, or any
results that may be obtained from using them.
If you decide to access any of the third party
sites linked to this Site you do this entirely
at your own risk. toner2u.my will
not be responsible or liable, directly or
indirectly, for any damage or loss caused or
alleged to be caused by or in connection with
use of or reliance on any such content, goods
or services available on or through any such
site or resource.
INTELLECTUAL
PROPERTY RIGHTS
toner2u.my
is the sole owner or lawful licensee of all
the rights to the Site and all information,
text, messages, illustrations, images, logos,
designs, icons, photographs, programs, music,
sound, video clips, directories, files,
databases, listings or other materials
available on or through the Site (collectively
the "Content"). The Site and the
Content embody trade secret and intellectual
property rights protected under worldwide
copyright and other laws. All title, ownership
and intellectual property rights in the Site
and the Content shall remain with toner2u.my , its affiliates or licensors of the Content,
as the case may be. All rights not otherwise
claimed under this Terms and Conditions or by toner2u.my
are hereby reserved. “toner2u.my",
"toner2u.my " and related icons
and logos of Hileytech Sdn Bhd in various
jurisdictions are protected under applicable
copyright, trademark and other proprietary
rights laws. The unauthorised copying,
modification, use or publication of these
marks is strictly prohibited.
NOTICES AND
COMMUNICATIONS
When you visit
the Site or send e-mails to us, you are
communicating with us electronically. You
consent to receive communications from us
electronically. We will communicate with you
by e-mail or by posting notices on the Site.
You agree that all agreements, notices,
disclosures and other communications that we
provide to you electronically satisfy any
legal requirement that such communications be
in writing.
SEVERABILITY
If any
provision of the Terms and Conditions shall be
unlawful, void, or for any reason
unenforceable, then that provision shall be
deemed severable from these terms and shall
not affect the validity and enforceability of
any remaining provisions.
ENTIRE
AGREEMENT
The Terms and
Conditions constitute the entire agreement
between you and toner2u.my and
govern your use of the Site, superseding any
prior agreements between you and toner2u.my
(including, but not limited to, any prior
versions of the Terms and Conditions). You
also may be subject to additional terms and
conditions that may apply when you use other toner2u.my
services, third-party content or third-party
software. Any assignment or transfer of either
the Terms and Conditions or any right granted
hereunder is strictly prohibited.
HEADING
The headings of each of the Terms and
Conditions are for convenience of reference
only and shall not form part of the Terms and
Conditions. Such heading shall be ignored in
the interpretation or construction of any of
the Terms and Conditions.
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