Terms & Conditions


Updated: February 28th, 2021

This Agreement of “terms and conditions” set forth the general terms and condition of User’s (The User referred to individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.) usage of the Company’s (The Company referred to PROX TECHNOLOGY SDN. BHD., 531, BATU 2 1/2, JALAN KLUANG, 83000 BATU PAHAT, JOHOR.) Website (The Website referred to PROX, accessible from http://www.prox.com.my). By accessing, browsing or otherwise using this Website and Services, User acknowledge that have read, understood and agree to be bound by the terms of this Agreement.

 

GENERAL TERMS

  • The terms in this Agreement may have been translated to any form if the Company have made them available to User on the Website. User agrees that the original English text shall prevail in the case of a dispute.
  • The Company reserves the right to reject any services to anyone for any reason at any time.
  • User should understand that certain content (not including credit card information), may be transferred unencrypted and involve transmissions over various and/or different networks and changes to conform and adapt to technical requirements of connecting networks and/or devices.
  • User agree not to reproduce, duplicate, copy, sell, resell and/or develop any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by the Company.
  • User must not spread any Trojan or viruses or any code of destructive nature to the Website.

 

USER ACCOUNTS

When User create an account on the Website, User are responsible for maintaining the security of the account and are fully responsible for all activities that occur under the account and any other actions taken in connection with it. The Company may, but have no obligation to monitor and review new accounts before User may sign in and start using the Services. User must immediately notify the Company of any unauthorized uses of User’s account or any other breaches of security. The Company will not be liable for any acts or omissions by the User, including any damages of any kind incurred as a result of such acts or omissions. The Company may suspend, disable, or delete User account (or any part thereof) if determine that User have violated any provision of this Agreement or conduct any content that would tend to damage the Company reputation and goodwill.

 

INFORMATION ACCURACY

The information and material on this Website is provided for general knowledge and should not be relied upon or used as the sole basis for making any decisions without consulting for more accurate, complete and timely resources of information. The Website may contain certain chronological information that provided for reference only. The Company reserves the right to modify the contents in this Website at any time without obligation to inform the User for each change made. Users agree for the responsibility to monitor changes to the Website.
There might be, occasionally, information on the Website that contains typographical errors, inaccuracies of product description, promotions, pricing, availability, shipping rates, delivery times, etc. The Company reserves the right to correct any errors and/or inaccuracies at any time without prior notice to the User. No specific updated date should be indicated for these modifications made.

 

MODIFICATION OF PRODUCTS AND SERVICES DETAILS

  • The Company reserves the right to modify or discontinue any products and/or services at any time for any reason without prior notice to the User.
  • Products prices are subjected to change at any time for any reason without prior notice to the User.
  • The Company is not liable to the User for any contents modification, prices change, suspension and/or discontinuance of any products and services.

 

LINK TO OTHER RESOURCES

The Website and Services may link to other resources (such as websites, mobile applications, third-party services, etc.), but the Company are not directly or indirectly implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. The Company are not responsible for examining or evaluating, and do not warrant the offerings of, any businesses or individuals or the content of their resources. The Company does not assume any responsibility or liability for the actions, products, services, and content of any other third parties. User should carefully review the legal statements and other conditions of use of any resource which access through a link on the Website and Services. User linking to any other off-site resources is at User own risk.

 

PROHIBITED USES

Users are prohibited from using the Website and Services or Content:

  • For any unlawful purpose.
  • To solicit others to perform or participate in any unlawful acts.
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • To infringe upon or violate the Company intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • For any obscene or immoral purpose.
  • To interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

The Company reserves the right to terminate User’s usage of the Website and Services for violating any of the prohibited uses.

 

INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Company. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. User’s usage of the Website and Services grants no right or license to reproduce or otherwise use any of the Company or third party trademarks.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

INDEMNIFICATION

User shall agree to indemnify and hold the Company and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Content, User use of the Website and Services or any willful misconduct on User part.

 

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

TERMS & CONDITIONS UPDATES

The Company may modify and update this Agreement and/or its terms at any time effective upon posting of an updated version of this Agreement on the Website without personal/direct notice to inform the User. Continued use of the Website and Services after such changes shall constitute User’s consent to such changes.
Users are advised to review this Agreement periodically for any changes on this page by tracking the updates with referring to the “updated date” at the top of this page.

 

CONTACT US

If User has any questions about this Agreement and its terms, please contact us by email to sales@prox.com.my.