ACCESS TO AND USE OF WEBSITE
The following general terms and conditions (“Terms and Conditions”) apply to your access to and use of the websites (“Websites”) of ASICS Malaysia Sdn. Bhd. (“ASICS”).
By using or accessing the Websites you agree with the Terms and Conditions. In case of any conflict between these Terms and Conditions and any other terms and conditions applicable to any services or products delivered through the Websites, those terms and conditions shall prevail.
All copyright, trademarks and design rights (registered and unregistered), patents, trade secret, rights in get-up, goodwill, rights in computer software, database rights and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“ Intellectual Property Rights ”) with respect to the Websites and all related information, materials and other data (including applications) published or available on or through the Websites or otherwise (“ ASICS Content ”) shall remain vested in ASICS, its group companies or its licensors. You may not distribute, exchange, sell, copy, modify, reproduce, republish, disassemble, decompile, reverse engineer, exploit, download, post, broadcast, transmit, make available to the public, or otherwise use any ASICS Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any ASICS Content except for your own personal, non-commercial use. Any other use of the ASICS Content requires the prior written permission of ASICS.
The names, images and logos identifying ASICS, its group companies or third parties and their products and services are subject to copyright, design rights and trademarks of ASICS, its group companies and/or third parties. Nothing contained in these Terms and Conditions shall be construed as transferring any ownership of Intellectual Property Rights in any products or services of ASICS, its group companies or any other third party.
ONLINE PRIVACY NOTICE
Internet transmissions are never completely private or secure. Any message or information you send to the Websites may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an email message to ASICS does not create any reciprocal obligation or responsibility of ASICS to you.
Any usernames and passwords used for the Websites are for individual use only. You shall be responsible for the security of your username and password (if any). ASICS shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username or password that ASICS considers unsecure, ASICS will be entitled to require you to change it, failing which ASICS may terminate your account.
VIOLATION OF SECURITY SYSTEMS
You are prohibited from using any services or facilities provided in connection with these Websites to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programmes, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ASICS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
LINKS TO OTHER WEBSITES
The Websites may contain links to other Internet sites on the World Wide Web. ASICS provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Websites. Links from the Websites to any other website do not indicate that ASICS approves of, endorses, sponsors, or recommends that website. ASICS disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any website. ASICS is not responsible for the privacy practices of any other website linked to on the Websites. The user should separately review the privacy policies for those other websites that are linked to on the Websites.
The Websites and all content are provided with all faults on an “as is” and “as available” basis. ASICS, its group companies, licensors, partners and other suppliers disclaim all warranties, whether express or implied, including the warranties that the Websites and all ASICS Content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the Websites and all ASICS Content are merchantable, correct, of satisfactory quality, accurate, adequate, safe, useful, fit for a particular purpose or need, reliable, or non-infringing, unless such implied warranties are legally incapable of exclusion. No information given by ASICS, its group companies, licensors, respective partners, suppliers, employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of the Websites and all ASICS Content is solely at your own risk and ASICS is under no obligation to provide you with any support, advice, error corrections, updates, upgrades, bug fixes and/or enhancements of the Websites and all ASICS Content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
Although ASICS will try to provide you with the best service, ASICS shall under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting from or in connection with the Websites or the ASICS Content. The foregoing limitation of liability shall not apply in the event that the damage results from the gross negligence of wilful misconduct of ASICS’ executive management.
The Websites, ASICS Content, products and services provided by ASICS, its group companies or third parties are not meant to serve as a substitute for medical advice, diagnosis or treatment, or for the individualized advice or care of a healthcare provider.
RIGHT TO CHANGE THESE TERMS AND CONDITIONS OR SITE CONTENT
ASICS reserves the right to change or discontinue any aspect, service, feature or content of the Websites or these Terms and Conditions at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. Amendments will go into effect as soon as they have been published on the Websites. By continuing to use the Websites after any such changes have been published, you are indicating your acceptance of and agreement to those changes. Furthermore, ASICS may add, change, discontinue, remove, or suspend any other ASICS Content posted on the Websites, including features and specifications of products and services described or depicted on the Websites, temporarily or permanently, at any time, without notice and without liability.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless ASICS and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms and Conditions.
To the fullest extent permissible by law, any dispute arising out of or in connection with these Terms and Conditions shall be referred to any finally resolved by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) in accordance with the KLRCA Arbitration Rules for the time being in force. The seat of the arbitration shall be Kuala Lumpur. The tribunal shall consist of one arbitrator and the language of the arbitration shall be in English.
These Terms and Conditions will exclusively be governed by the laws of Malaysia.