Term of The Pmart

1. ACCEPTANCE OF TERMS

   1.1	By using this website, you are subject to the following Terms of Use which may be updated by us in our sole discretion from time to time with or without notice to you. You agree that your continued use of Hosting Service, as defined hereinbelow after such update will constitute your acceptance of and agreement to be bound by the updated Terms of Use.
   1.2	In addition, when using the hosting services of the website, you shall be subject to any posted guidelines or rules applicable to such service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use and to the extent of any inconsistency between the Terms of Use and any guideline or rule, the Terms of Use will prevail.
   1.3	We hereby declare that we are not a trading nor investment company and not in any way related to the real estate business

2. DESCRIPTION OF HOSTING SERVICE

   2.1	We provide users with access and use of material or contents by us or any third party on http://www.pmart.com.my (the “Hosting Service”) through our network or properties which may be accessed through any various medium or device now known or hereafter developed, including but not limited to the World Wide Web.
   2.2	Unless explicitly stated otherwise, any new features that augment or enhance the current Hosting Service shall be Subject to the Terms of Use. You understand and agree that the Hosting Service is provided on an “AS-IS” basis and that we assume no responsibility for the timeliness, deletion, mis-delivery of failure to store any user communications or personalisation settings.

3. YOUR REGISTRATION OBLIGATIONS

   3.1

   In our consideration of your use of the hosting service, you represent that you are of legal age to enter into a legally binding contract. If you provide any information or particulars that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information or particulars is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse an and all current or future use of Hosting Service.

   3.2

   We may provide you with access to some parts of the Hosting Service without you registering as a user.

4. PRIVACY

   4.1

   By giving or making available the registration data and such other information pictures drawing illustration presentation leaflets about yourself or any third party to us, you agree and acknowledge that we may use or release the same to any or third parties as we shall deem fit and proper and that you have unconditionally approve and give consent to such use or disclosure.

5. CONDUCT

   5.1	You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials (“contents”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the hosting service.
   5.2	We bear no responsibility for the Content posted via the Hosting Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Hosting Service, you may be exposed the Content that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous.
   5.3	Under no circumstances will we or our licensors, suppliers, vendors, parent, trading companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but no limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Hosting Service.

1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

   6.1

   We do not claim ownership of content you submit or make available for inclusion on the Hosting Service.

   6.2

   However, with respect to content including such information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials you submit or make available for inclusion on the Hosting Service, you grant us a worldwide, perpetual, irrevocable, sub-license, royalty-free, transferable and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in print and/or in any other format or medium now known or later developed.

2. CONTRIBUTION

   7.1

   By submitting ideas, suggestions, documents, and/or proposals (“contribution”) to us, you acknowledge and agree that: (a) your Contributions do not contain confidential information; (b) we are not under any obligation of confidentially, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your contributions automatically become our property without any obligation on our part to you; (f) You have obtained or deemed to have obtain the necessary consent approval and sanction from the current or other legal or proprietary owners in respect to the contribution; and (g) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

3. INDEMNITY

8.1

You hereby agree to indemnify and keep us indemnified and hold us and our trading, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors, advertisers harmless from any claim or demand, including reasonable legal costs and expenses, made by any third party due to or arising out of Content or Contribution you submit, post, transmit or otherwise make available through the Hosting Service, your use of the Hosting Service, your connection to the Hosting Service, your violation of the Terms of Use, or your violation of ant rights of another or your breach of any applicable law.

4. NO RESALE OF SERVICE

   9.1

   You are agree not to produce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Hosting Service, use of the Hosting Service, or access to the Hosting Service including all content such as photographs, advertisements, information, listings, and articles whether posted by others or by yourself.

5. GENERAL PRACTICES REGARDING USE AND STORAGE

   10.1	You acknowledge that we may, in its sole discretion, establish general practices and limits concerning use of the Hosting Service without limitation the manner in which the Hosting Service is used, the maximum number of days that email messages, message board postings or other upload Content will be retained by the Hosting Service, the maximum number of email messages that may be sent from or received by an account on the Hosting Service, the maximum size of any email messages that may be sent from or received by an account on the Hosting Service, the disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Hosting Service in a given period of time.
   10.2	In particular, but without limiting the foregoing, by using the Hosting Service, you hereby consent to our adoption of the practices as set forth herein in relation to your use of the Hosting Service.
   10.3	You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or made available through the Hosting Service.
   10.4	You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.
   10.5	You further acknowledge that we reserve the right to modify these general practices and limits from time to time, in our sole discretion with or without notice, and you are agree that your continued use of the Hosting Service after such modification will constitute our acceptance of an agreement to be bound by the modified general practiced and limits.

6. MODIFICATIONS TO HOSTING SERVICE

   We serve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Hosting Service (or any part thereof) with or without notice and shall not in any manner or under in any circumstances be liable to you or to any third party for any modification, suspension or discontinuance of the Hosting Service.

7. TERMINATION

   You agree that we may, under certain circumstances and without prior notice, immediately terminate or suspend your account, any associated email address, and access to the Hosting Service without assigning any reasons whatsoever and our sole and absolute discretion to terminate shall not be challenged or questioned in any manner, including but not limited in any court of law.

8. DEALINGS WITH THIRD PARTY

   13.1

   By using this Hosting Service may also include access to products and services of independent third parties either directly or via links to site operated by them.

   13.2

   Your correspondence or business dealings with, or participations in promotions of, third party including but not limited to advertisers found on or through the Hosting Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and third party and that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the presence of such third party on the Hosting Service.

9. LINKS

   The Hosting Service may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible or liable for any Content, advertising, products or other materials on or available form such sites or resources.

10. PROPRIETARY RIGHTS

    15.1	You acknowledge and agree that the Hosting Service and any necessary software used in connection with the Hosting Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
    15.2	You further acknowledge and agree that Content contained on sponsor advertisements or information presented to you through the Hosting service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
    15.3	Except as expressly authorized by us or our advertisers, you are agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Hosting Service or the Software, in whole or in part.

11. DISCLAIMR OF WARRANTY

    16.1	YOUR USE IF THE HOSTING SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR TRADING COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENT, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIED OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE EXPRESS AND IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTCILAR PURPOSE AND NON-INFRINGEMENT.
    16.2	WE AND OUR TRADING COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENT PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE HOSTING SERVICE WILL MEET YOUR REQUIREMENS; (ii) THE HOSTING SERVICE WILL BE UNINTRRUPTED TIMEL SECURE OR ERORR FREE; (iii) THE HOSTING SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU (iii) THE IFORMATION, CONTENT, OR ADVERTISEMENT AONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE HOSTING SERVICE (THE “MATERIALS”) OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOSTING SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
    16.3	ANY RELIANCE OR USE OF ANY TIME MATERIAL SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENT TO, OR CORRECT ANY ERROR OR OMMISSION IN, ANY PART OF HOSTING SERVICE OF THE MATERIALS. THE MATERIALS PROVIDED OR MADE AVAILABLE BY US ON AN “AS IS” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY AND FINTNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE PRODUCTS.
    16.4	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE IF THE HOSTING SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF AN SUCH MATERIALS.
    16.5	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OF THE HOSTING SERVICE FROM US OR OUR LICENSORS, SUPPLIRS, VENDORS, TRADING OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE HOSTING SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

12. LIMITATION AND LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR TRADING COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, SHALL NOT BE LIABLE TO YOUR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUNTIAL OR EXEMPLARY DAMDAGES, INCLUDING, BUT NOT LIMITED TO, DAMDAGES FOR LOSS OF PROFITS, GOOSWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE HOSTING SERVICE, THE MATERIALS AND THE PRODUCTS; and (ii) THE USE OR INABILITY TO USE THE HOSTING SERVICE

13. NOTICE

    We may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail and such display of notices or links to notices to you generally on the Hosting Service, will constitute sufficient and adequate notice to you of the matters contained therein.

14. TRADEMARK INFORMATION

    The pmart logo, trademarks and service marks and other logos and product and service names and our trademarks and/or those of our licensors, supplier, vendors, parent or holding company, as the case may be (“the Marks”) shall belong to us absolutely. Without the prior written permission of our licensors, supplier, vendor, trading company or us, as the case may be, you agree under no circumstances not to display or use in any manner the Marks.

15. GENERAL INFORMATION

    20.1	Entire Agreement. The Terms of Use constitutes the entire agreement between you and us and governs you use of the Hosting Service, superseding any prior understandings, statements, representations and agreements between you and us with respect to the Hosting Service.
    20.2	Waiver and Severability of Terms. The failure on our part to exercise or enforce any right or provisions of the Terms of Use shall not constitute a waiver of such right or provisions. If any provisions of the Terms of Use if found by a court of competent jurisdiction to be invalid, it shall not affect the remaining provisions which shall remain valid and enforceable.