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Welcome! You have entered the website owned and operated by Prominent Apparel
(“pma.com.my ”), identified by the URL pma.com.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 pma.com.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 pma.com.my governing your use
of the Site. In addition, when you use any current or future pma.com.my
service(s), you also will be subject to the guidelines and conditions applicable
to such service or business.
USE OF SITE ACCESS
pma.com.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 pma.com.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 pma.com.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 pma.com.my and the Site without pma.com.my ’s prior express written
consent. You may not use meta tags or any other "hidden text"
utilising pma.com.my and the Site’s name or trademarks without the prior
written consent of pma.com.my . Any unauthorised use automatically terminates
the permission or license granted by pma.com.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 pma.com.my logo, the Site logo or other proprietary
graphic or trade mark as part of the link without pma.com.my ’s prior express
written consent.
YOUR PARTICULARS
When you register with pma.com.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. pma.com.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. pma.com.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 pma.com.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 pma.com.my believes that you have breached or acted inconsistently with or
in disregard of the letter or spirit of the Terms and Conditions. pma.com.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 pma.com.my
may immediately bar any further access to the Site. On the happening of any of
the afore-going, you agree that pma.com.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 pma.com.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 pma.com.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, pma.com.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 pma.com.my seeks such an injunction.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY pma.com.my ON AN "AS IS" AND "AS
AVAILABLE" BASIS. pma.com.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.
pma.com.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. pma.com.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. pma.com.my DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM pma.com.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. pma.com.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
pma.com.my OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION
NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES SHALL pma.com.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 pma.com.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 pma.com.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 pma.com.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 pma.com.my ’s website.
WAIVER OF CONDITIONS OF USE
The failure of pma.com.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 pma.com.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. pma.com.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, pma.com.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. pma.com.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
pma.com.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 pma.com.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 pma.com.my are hereby reserved. "pma.com.my
" and related icons and logos of Techno OG Bekalan 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 pma.com.my
and govern your use of the Site, superseding any prior agreements between you
and pma.com.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 pma.com.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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