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When you access this website (“E-Control Website”) you
accept, without limitation or qualification, the terms
of use (“Terms of Use”) set forth below and any
additional terms of use set forth in any related
website. E-Control Technology Sdn. Bhd. (“E-Control”)
reserves the right to modify or update these Terms of
Use at any time and changes will become immediately
effective upon posting. Your continued use of the
E-Control Website will bind you to such changes and you
should regularly visit this page to review the latest
Terms of Use. If you do not agree to these Terms of Use,
please do not continue to use the E-Control Website.
The E-Control Website and other related websites
accessible through this website is published and
maintained by affiliates and/or related entities of
E-Control. When accessing any related website through
the E-Control Website, please note that the related
website may have its own terms of use that are specific
to that website.
Communication Services
Communication Services can be defined as e-mail
services, greeting card services, photo albums and/or
other communication facilities designed to enable you to
communicate with others. You agree to use the
Communication Services to post, send and receive proper
messages and material. You agree that when using the
Communication Services, you will not:
• Use the Communication Services for purposes of
conducting and/or disseminating surveys, contests,
pyramid schemes, chain letters, junk email, spamming or
sending of any duplicative or unsolicited messages.
• Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy) of
others.
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
• Upload, or otherwise make available, files that
contain images, photographs, software or other material
protected by intellectual property laws, including, by
way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity)
unless you have ownership or control the rights thereto
or have received all necessary consent to do the same.
• Use any material or information, including images or
photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
• Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage
the operation of another's computer or property of
another.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading
others.
E-Control is not obligated to monitor, control or
endorse the content, messages or information found in
any Communication Services and, therefore, E-Control
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from
your participation in any Communication Services.
E-Control also reserves the right to review materials
posted, to edit, refuse to post, to remove any
materials, terminate your access to any or all of the
Communication Services in E-Control’s sole discretion at
any time, without notice, for any reason whatsoever.
E-Control reserves the right at all times to disclose
any information deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
Ownership
Copyright
All materials on the E-Control Website, including but
not limited to images, software, audio text and video
clips (“Content”), are owned by E-Control. You are not
allowed to use the Content, except for the purposes
specified herein. Any unauthorized use of the Content
may violate E-Control’s copyright laws, trademark laws.
You may view and download the Content for your own
personal, non-commercial use, provided that you retain
all copyright and proprietary notices contained in the
Content. You may not amend the Content in any way or
reproduce, publicly display, distribute or otherwise use
the Content for any public or commercial purposes. Any
use of the Content on any other website or networked
computer environment for any purposes is prohibited.
Trademarks
E-Control trademarks, logo and service marks found on
the E-Control Website including those licensed by
E-Control Inc. are registered and unregistered marks of
E-Control Technology Sdn. Bhd. All other trademarks,
trade names, product names, service marks are property
of their respective owners. Any use of trademarks, logo,
service marks, trade names and product names are
prohibited without the written permission of E-Control
or the respective owners.
Communications and
Submissions
User Communications
Apart from Personally Identifiable Information, which is
defined and covered in E-Control’s Online Privacy
Statement, any material, information or other
communication you send or post to the E-Control Website
will be considered non-confidential and non-proprietary
("Communication"). E-Control has no obligations with
respect to the Communications. E-Control have the right
to edit, alter, broadcast, post, publish, copy,
disclose, distribute, incorporate and otherwise use the
Communication and images, sounds, text, and other things
embodied therein for any and all commercial purposes
throughout the world in any medium. Furthermore,
E-Control is free to use, without any compensation to
you whatsoever, any concepts, ideas, know-how or
techniques contained in any Communication for any
purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products using
such information. However, you agree that E-Control has
no obligation to use any idea or material contained in a
Communication and you have no right to compel such use.
You are prohibited from posting or otherwise
transmitting to or from this E-Control Website unlawful,
threatening, libelous, defamatory, obscene,
pornographic, or other material that may violate any
law.
Transfer of Information over the Internet is not
completely secure. Any Communication that you send to
this E-Control Website may be read or intercepted by
others. Sending a Communication to E-Control does not
bind E-Control to have any special responsibility to
you.
User Submissions
E-Control is not obligated to accept or consider any
ideas, suggestions or materials, including ideas for new
advertising campaigns, promotions, products or
technologies, processes, materials, from the public
(“Submissions”) and hence you are not encouraged to
submit any Submissions to E-Control in any
Communications through this E-Control Website or
otherwise. To protect E-Control and its parent company
and affiliates’ interests, and to avoid potential
misunderstandings or disputes in the event that
E-Control’s products or marketing strategies might seem
similar to ideas submitted to E-Control, E-Control does
not solicit Submissions or agree to receive any
confidential information from persons or entities
outside the E-Control group of companies. We can only
accept ideas from the public if a patent already covers
the proposed idea, or if not issued as a patent, is
public information. Nonetheless, if you do send
E-Control a Submission that has not been patented or is
not public information, it immediately becomes the
property of E-Control and E-Control shall exclusively
now and hereafter own all rights, title and interest
therein. However, E-Control is free to use, without any
compensation to you whatsoever, any concepts, ideas,
know-how or techniques contained in any such Submission
for any purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products using
such information. E-Control shall not be liable for such
use or disclosure of such Submission or for any
similarities in the Submission and any future E-Control
uses or activities. If you are uncertain as to the
meaning or implication of the terms and conditions
concerning Submissions, you are advised to consult your
attorney.
Links
The E-Control Website may provide links to third-party
websites for your convenience and information. If you
access those links, you will leave the E-Control
Website. E-Control has no control over those sites or
their privacy practices, which may differ from
E-Control’s. We do not endorse or make any
representations about third-party websites. E-Control’s
Online Privacy Statement does not cover the personal
data you provide to unrelated third parties. You should
review the privacy policy of any company before
submitting your personal information.
Availability of
Products and Services
The products and services displayed on this E-Control
Website are subject to availability in your particular
country or locality. The reference to such products and
services in the E-Control Website does not imply or
warrant that these products or services will be
available at any time in your particular location.
WEBSITE INFORMATION REGARDING E-CONTROL PRODUCTS AND
SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE,
PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE ANYTIME
WITHOUT PRIOR NOTICE. SUCH INFORMATION WILL NOT
CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER
COMMITMENT BY E-CONTROL WITH RESPECT TO ANY PRODUCT OR
SERVICE AND E-Control HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR
ANY PURPOSE OR COMPLETENESS THEREOF.
Disclaimer
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS
E-CONTROL WEBSITE (INCLUDING ALL CONTENT AND FUCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH THIS E-CONTROL
WEBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
E-CONTROL WEBSITE, E-CONTROL MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR
AVAILABLE THROUGH THE E-CONTROL WEBSITE, (2) THAT THE
SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES
OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE
DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE
THE E-CONTROL WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
E-CONTROL’S NEGLIGENCE, WILL E-CONTROL, OR ANY OTHER
PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE
WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES
WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE
E-CONTROL WEBSITE, EVEN IF E-CONTROL HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS
FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE
EXCLUSION OF IMPLIED WARRANTIES. E-CONTROL ALSO ASSUMES
NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE
TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE
SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,
IMAGES, VIDEO, OR AUDIO FROM THE E-Control WEBSITE. IN
NO EVENT SHALL E-Control’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THE E-CONTROL WEBSITE.
Indemnification
You agree to indemnify, defend and hold E-Control and
all of its agents, directors, employees, information
providers, licensors and licensees, officers and parent,
(collectively "Indemnified Parties") harmless from and
against any and all liability and costs (including,
without limitation attorneys' fees and costs), incurred
by the Indemnified Parties in connection with any claim
arising out of any breach by you of these Terms of Use
of the foregoing representations, warranties and
covenants. You will cooperate as fully as reasonably
required on E-Control’s defense of any such claim.
E-Control reserves the right, at its own expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you will
not in any event settle any matter without the written
consent of E-Control.
General Provisions:
These Terms of Use and those found in E-Control’s Online
Privacy Statement set forth the entire understanding and
agreement between you and E-Control with respect to the
E-Control Website. If any provision of these Terms of
Use shall be unlawful, void or for any reason
unenforceable, then that provision will be deemed
severable from these Terms of Use and shall not affect
the validity and enforceability of other remaining
provisions.
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