Our Terms & Conditions
The following describes the terms and conditions upon which Smartstripe Marketing Sdn Bhd (hereinafter the “Company” or “Smartstripe Malaysia“ or “We“) offers access to the Internet site found at www.smartstripe.com.my alongside its related country specific sites (hereinafter the “Site”) to you the customer (hereinafter “You“) and the use of its services (hereinafter the “Terms and Conditions“).
If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
You understand and agree that we may discontinue or change the Site at any time, without notice. You also understand and agree that we may discontinue or restrict your use of this Site for any reason without notice.
Use & Access to the Site
You shall be responsible for providing and maintaining the means by which you access the Site, which may include, but is not limited to, your personal computer or mobile device, connectivity hardware, and telecommunication lines.
You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your personal computer, mobile device or on any other computer or device through which you will gain access to the Site and the services (hereinafter referred to as “Computer“).
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Computer and any information and data included therein.
You agree that we will not be liable in any way to you in the event of failure of or damage or destruction to your Computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or Computer equipment or software.
You will not in any way, whether directly or indirectly, expose the company or any of the company’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.
We reserves the right to suspend the operation of this Site or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
You agree that We will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Site.
We shall not be liable, and you agree not to hold or seek to hold the company or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
WE does not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that WE will have adequate capacity for the Site as a whole or in any geographic location.
WE does not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. We does not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Trademarks and Copyrights
All rights, titles and interests in and to the contents of the Site, and the “www.smartstripe.com.my” and trademarks, services marks, trade names, and logos are owned by Smartstripe Marketing Sdn Bhd., or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site, other than as expressly set out in these Terms and Conditions.
Images displayed on the Site are either the property of the company or its licensors. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of the company
Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of the company or any third party that may own the trademarks. Your use of trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.
You agree to fully indemnify, defend and hold harmless the company, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, the company or any of its corporate affiliates which provides services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the services offered to you via the Site and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of Malaysia, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with the company anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The services hereunder are offered by Smartstripe Marketing Sdn Bhd.
In the event of a conflict between a provision of these Special Conditions and any provision of the Terms and Conditions, then the Special Conditions shall prevail.
Notwithstanding the grant of the Licenses, you agree and acknowledge that all right, title and interest in and to the Tools, the Code and all information and data made available therein including (but not limited to) trademarks, signs, trade names, domain names, images, pictures, graphics, photographs, animations, videos, music, audio and text belong to the company, its affiliates and/or the Third Party Providers (as applicable) and are protected by copyright and/or other intellectual property rights and/or other rights.
You are not permitted to make any alterations whatsoever to the Code including (but not limited to) alterations which hide or obscure advertising and links to the company or third party websites accessible via the Tools. You may not circumvent any mechanism included in the Code and/or Tools for preventing unauthorized reproduction or distribution. Without prejudice to any other right, we are entitled to immediately block use of the Tools on your website in the event that you breach these provisions.
The information on the Site is presented for the purpose of disseminating useful information to the Site’s visitors. The company does not make any warranty or representation about the completeness, accuracy, or reliability of any material contained on the Site or on any links that are a part of the Site.
The company recommends all visitors and users exercise their own independent analytical skills and then formulate a judgment on the information provided on the Site. The Site is not to be relied on as an independent alternative for professional advice. Users and visitors are advised to take appropriate professional advice as is relevant to their specific circumstances.
Disclaimer of Warranties and Liability
The Contents of this Site are provided on an “as is” and “as available” basis without warranties of any kind, and are of a general nature. The company does not warrant and hereby disclaims any warranty:
- as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchant ability or fitness for any particular purpose of the Contents of this Site;
- That the Contents available through this Site or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Website and the server is and will be free of all viruses and/or other harmful elements.
The company expressly disclaims Liability of any kind for any errors in or omissions from, the Contents of this Site. The company shall also not be Liable for any damage, expenses, costs or loss of any kind, howsoever caused as a result (direct or indirect) of the use of this Site, including but not limited to any damage or loss suffered as a result of your use of this Site and/or reliance on the Contents contained in or available from this Site.