Please read these terms and conditions carefully.
GMG SEA (Malaysia) Sdn Bhd is a limited liability company incorporated under the law of Malaysia and is the duly authorized distributor of Vans products and operator of Vans.com.my (“Website”) within Malaysia (“We”, “Our”, “Us”). You are the natural person who is presently visiting the Website (“You”, “Your”, “Yours”).
We, together with our subsidiaries and affiliates (“GMG”), provides you access and use of the Website and permits you to place orders subject to your compliance with these Terms of Use, Terms of Sale and Privacy Policy. (these “ Website Terms”). The use of the Website is intended only for access and use by individuals over 18 (eighteen) years of age. By accessing or using the Website, You warrant and represent that You are of legal age, and therefore to have full capacity to understand, accept and comply with all the terms and conditions of these Website Terms. If you are under 18 years old or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to access and use the Website. If you are the parent or legal guardian of the minor who is accessing and using the Website, you must accept and comply with these Website Terms on the minor’s behalf and you will be fully responsible for the minor’s actions. Failing which, we reserve the right to refuse service and deny your access to the Website in our sole discretion.
BY CREATING AN ACCOUNT, PLACING AN ORDER, OR ACCESSING OR USING THE WEBSITE, OR OTHERWISE AGREEING TO THE TERMS, YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS AND ALL APPLICABLE LAWS OF MALAYSIA. IF YOU DO NOT AGREE TO BE BOUND BY THESE WEBSITE TERMS AND APPLICABLE LAWS EACH TIME YOU USE THE WEBSITE OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE WEBSITE TERMS, YOU MAY NOT ACCESS AND USE THE WEBSITE. PLEASE READ THESE WEBSITE TERMS CAREFULLY.
These Terms of Use apply to your access to, and use of, the Website. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with GMG for products, services or otherwise. The Terms of Sale also apply to any orders you submit to GMG. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Website Terms on such entity's behalf, and that such entity agrees to indemnify you and GMG for violations of these Website Terms.
If GMG offers any rewards, contests, sweepstakes, program, or other offers or promotions on the Website, you agree to any additional posted terms, conditions, rules, or guidelines, which are hereby incorporated by reference into these Website Terms.
GMG reserves the right to change or modify any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website and shall apply to all use of the Website and all acts or omissions occurring after the effective date of the revised Website Term. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Website Terms and applicable policies to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms of Use, you must stop accessing or using the Website and any fut access or use of the Website will be unauthorised.
If you have any question regarding the use of the Website, please refer first to the Frequently Asked Questions. All other questions or comments about the Website or their contents should be directed to GMG by contacting us here.
1. PRIVACY POLICY
Please refer to our Privacy Policy, hereby incorporated by reference into these Terms of Use, for information on how GMG collects, uses and discloses personally identifiable information from its users.
2. MOBILE SERVICES AND CONTACT INFORMATION
You may be required to provide a phone number to create an account, place an order, or participate in programs or promotions. The Website may include certain features or services that are available via your mobile phone or device, such as the ability to upload Content to your mobile phone or request payment links, order and delivery status messages, product information, promotional offers, or other information or alerts be sent to your mobile phone or device (the “Mobile Services”). By using the Mobile Services, or by providing your mobile number as a contact point, you agree that GMG may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You are required to provide your mobile number to make a purchase on the Website. You are not required to consent to receive marketing messages. If you do not provide your mobile number GMG, we would not be able to provide Mobile Services to you. Mobile Services may not be accessible or may have limited utility over some carriers. GMG cannot guarantee that all carriers will support Mobile Services. By using the Website, You consent to receive certain electronic communications from GMG electronically via SMS, MMS, text method, E-mail, or other electronic means, subject to applicable law and as specified in the Online Privacy Notice. You agree that all agreements, notices, disclosures, and other communications that GMG provides to you electronically satisfy any legal requirements that such communications be in writing.
3. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the Website, the Website and all Content and other materials on the Website, including, without limitation, the Vans logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Website Materials") are the proprietary property of GMG or its licensors. You are granted a limited, non-sublicensable license to access and use the Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Website Terms and does not include: (a) any resale or commercial use of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for their intended purpose. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of GMG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. COPYRIGHT COMPLAINTS
If you believe that anything on the Website infringes upon any copyright which you own or control, please provide us with the following information:
(1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or the person authorized to act on his or her behalf;
(2) a description of the copyrighted work that You claim has been infringed;
(3) a description of where on the Website the content You claim is infringing is located;
(4) a written statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by You, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. You may submit copyright infringement claims to:
Chief Legal Officer, Legal Department
GMG building, Oud Metha, Dubai, United Arab Emirates
copyright.legal@gmg.com
Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Vans may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
GMG will review your complaint, but is under no obligation (except under court order) to remove User Content if it deems that there is no evidence of infringement. GMG may terminate the accounts of Website users who are infringing third party copyrights.
Vans may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. TRADEMARKS
All logos, slogans, service marks and all other content that may appear on the Website, including text, software, scripts, code, drawings, graphics, illustrations, photos, sounds, music and lyrics, videos, applications, interactive features, articles, news , sketches, animations, stickers, general artwork and other intellectual work content (“Content”) are intellectual property of GMG, its licensor or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of GMG or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Vans" or any other name, trademark or product or service name of Vans or its subsidiaries without our prior written permission. You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your access to or use of the Website or Content.
In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GMG or its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You agree not to use, copy, reproduce, edit, translate, display, distribute, publish, download, transmit, sell, create derivative works from, or from in any way exploit any Content, including User Content (unless it is Your own User Content that You legally post on the Website), without the prior written consent of GMG. Unauthorized use of the Content may constitute infringement of copyright, trademark or other intellectual property laws and may subject You to criminal or civil charges and penalties.
6. HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray GMG or its licensors or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Vans logo or other proprietary graphic of Vans to link to the Websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Vans trademark, logo or other proprietary information, including the images found at the Websites, the content of any text or the layout/design of any page or form contained on a page on the Websites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GMG or its licensors or any third party.
GMG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web Website accessible by hyperlink from the Website, or web sites linking to the Website. Such sites are not under the control of GMG and GMG is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. GMG provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by GMG of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
7. THIRD PARTY CONTENT
GMG may provide or allow third party content on the Website and may provide or allow links to third party web pages and content of third parties, including their products and services (collectively the "Third Party Content") as a service to those interested in this information. GMG does not monitor or have any control over any Third Party Content or third party web sites. GMG does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. GMG does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Website are strictly the opinion of the user posting such reviews or comments, and GMG or its licensors does not endorse or approve any such reviews or comments.
You should carefully review such Third Party Content and its terms of use and privacy policy. Your business dealings or correspondence with, or participation in promotions of, such Third Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. GMG or its licensors are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-GMG advertisers or third party information on the Website.
AI-Generated Content. From time to time, GMG may use artificial intelligence tools to generate summaries or highlights of product reviews or other content on the Website. These AI-generated summaries are provided for your convenience only. GMG does not guarantee the accuracy, completeness, or reliability of any AI-generated content. Any reliance on such content is at your own risk, and GMG is not liable for any errors or omissions in AI-generated summaries. You are encouraged to review the full product reviews and other original content to form your own opinion.
8. USER CONTENT AND INTERACTIVE SERVICES OR AREAS
The Website may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Website ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. User Content that is unlawful, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, or fraudulent.
b. User Content that you know or have reason to know is inaccurate, untruthful or misleading;
c. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
d. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
e. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Unsolicited promotions, political campaigning, advertising or solicitations;
g. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h. Viruses, corrupted data or other harmful, disruptive or destructive files; and
SSS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is GMG liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Although GMG has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, GMG reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website and/or to limit your use of the Website at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect GMG's systems and customers, or to ensure the integrity and operation of GMG's business and systems, GMG may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. GMG's right to disclose any such information shall govern over any terms of Van's Privacy Policy.
9. RIGHTS IN USER CONTENT AND SUBMISSIONS
Except as otherwise expressly stated by GMG, GMG does not claim ownership of any User Content or other materials you post or upload on the Website or otherwise provide or submit to GMG. However, unless GMG indicates otherwise, you grant GMG, its licensors and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Website unless otherwise indicated on the Website. You grant GMG, its licensors and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website. Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials you provide regarding the Website, GMG and its licensors or Van's products or services, whether by email, posting to the Website or otherwise, are non-confidential and shall become the sole property of GMG. GMG shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. USER CONDUCT
When creating or updating an account or participating in programs or promotions, you may be required to provide certain personal information including, but not limited to, your name, contact, and payment information. This information will be held and used in accordance with our Privacy Policy and any other related notices provided in connection with our information collection or use. You agree to provide complete, truthful, and accurate information, and to update such information promptly if it changes. You also agree not to:
a. Use the Website or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Website;
b. Harvest or collect email addresses or other contact information of other users from the Website or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
c. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website and/or Interactive Areas or to extract data;
d. Use automated scripts to collect information from or otherwise interact with the Website or Interactive Areas;
e. Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
f. Provide incomplete, false, or inaccurate biographical or other information for purposes of registering as a user, creating an account, placing an order or participating in any program or promotion;
g. Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
h. Use the Website or your account for a commercial purpose;
i. Violate any local, state, national or international law;
j. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
k. Use or attempt to use another's account without authorization from GMG;
l. Attempt to circumvent any content filtering techniques GMG may employ;
m. Attempt to access any service or area of the Website (including, without limitation, any Interactive Areas) that you are not authorized to access; or
n. Engage in any harassing, intimidating, predatory or stalking conduct.
GMG is not responsible or liable for the conduct of, or your interactions with, users of the Website (whether online or offline), nor is GMG responsible or liable for any loss, damage, injury, or harm associated therewith. You use of the Website is at your own risk. Any use of the Website in violation of the user conduct rules set forth above violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
11. REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to GMG, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to GMG. You accept responsibility for all activities that occur on your account or with your password. You will immediately notify GMG and change your login information if the confidentiality of your account or password is compromised in any way. GMG reserves the right to take any and all action it deems necessary or advisable to maintain the security of the Website and your account, including but not limited to terminating your account, changing your password, or requesting information to authorize transactions on your account. GMG may communicate with you via unencrypted email. Such communication is not secure and may be viewed by others. GMG is not liable to you for any liability or damages resulting from or arising out of any compromise of your account or password, or any unauthorized access to your account or communications between us or use of your password.
12. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless GMG, its licensors and independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against GMG, its licensors and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of law, regulation, or rights of any third party.
13. DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SSS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, THE WEBSITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT), AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GMG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND WEBSITE MATERIALS IN THE WEBSITE. GMG DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GMG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR FOR USING THE WEBSITE. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND SSS DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. SOME JURISDICTIONS TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
GMG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE GMG ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, GMG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
GMG reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GMG.
The Website may include features that promote physical activity, nutrition or general well-being. They are for informational purposes only and are not intended for medical advice or services or for diagnostic or treatment purposes. Consider the risks involved and consult your medical professional before engaging in any physical activity and never disregard professional medical advice or delay in searching because of something You have seen on the Website.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GMG, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE USER CONTENT OR THE WEBSITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM GMG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SSS'S RECORDS, PROGRAMS OR SERVICES. YOUR SOLE REMEDY AGAINST GMG IN CONNECTION WITH ANY DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GMG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED US$100.00 OR A SUM EQUIVALENT TO THE LOCAL CURRENCY OF THE TERRITORY.
15. GOVERNING LAW AND DISPUTE RESOLUTION
The Website are operated and are governed by the laws of Malaysia (without regard to the choice of legal provisions, and not by the UN Convention on Contracts for Sale Commodities International, 1980), which may be different than the laws of your jurisdiction. If you access the Website from outside of Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of Malaysia. You may not use the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Website. Any dispute arising out of or related to the matters of these Terms of Use will be submitted for resolution of the exclusive jurisdiction of Courts of Malaysia, with express waiver of any other court, however special, to resolve any conflicts or controversies arising from the clauses and provisions of these Terms of Use.
16. TERMINATION
Notwithstanding any of these Terms of Use, GMG reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, to block or prevent future access to and use of the Website and to modify any Website, product or service at any time. You understand and agree that some of your User Content, particularly that displayed on an activity feed or other public places on the Website, may continue to appear publicly even after your account is closed, subject to your right to have your Content user’s name removed upon request, in accordance with applicable law.
17. CAUSES OUTSIDE OF OUR CONTROL
A “Cause Outside of Our Control” is any act or event beyond our reasonable control, including but not limited to act of God, fire, flood, explosion, war, threat or preparation for war, military activity, riot, civil disturbance or strike, lockout or other work stoppage, terrorist threat or attack, inclement weather, flood, earthquake, epidemic, pandemic, other natural disaster, supply chain failures, or failure of public or private telecommunications networks. If a Cause Outside of Our Control affects our performance of obligations under these Terms of Use, GMG will notify you as soon as reasonably possible and our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Cause Outside of Our Control.
18. ASSIGNMENT
GMG may transfer our rights and obligations to another entity without notice, but this will not affect your rights or our obligations under these Terms of Use.
19. NO WAIVER AND SEVERABILITY
The remedies set forth in these Terms of Use are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by GMG to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.
20. SEVERABILITY
If any portion of these Terms of Use is found to be invalid, unenforceable or unlawful for any reason (i) the invalid, unenforceable or unlawful provision will be severed from these Terms of Use; (ii) severance of the invalid, unenforceable or unlawful provision shall not affect the validity and enforceability of any remaining provisions of the Terms of Use.
21. LANGUAGE
If these Terms of Use are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
