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