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COPYRIGHT and DISCLAIMERS

Your use of this web site is conditioned upon your acceptance of the following Terms and Conditions. This web site also contains links to other web sites, other web pages and other services of our affiliates, our partners, our sponsors, our clients and other service providers, and your use of such web sites, web pages and services shall also be subject to the terms and conditions contained within each of such sites.

1. USE OF THIS WEB SITE (www.smartxs.com.my)

1.1 You may only use this site for lawful purposes only. You shall not use this web site or its services to publish, post, distribute or disseminate any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene profane, hateful, or otherwise objectionable material or information, including the proprietary information, including trade marks or copyrighted information without express authorisation from the respective rights holders. You further agree that you shall not use this site for any speculative, false or fraudulent purpose. In addition to any other rights or remedies available to us, we may at our sole discretion terminate or restrict your access and use of this site at any time without notice for any reason whatsoever.

2. COPYRIGHT

2.1 The Smart Xs®, Trade Mark, its Logo (TM No. 04004194), the Words Smart Xs® Consultant, its Ideas and Materials are protected under the Law of International Intellectual Property Rights by THE INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA TRADE MARK ACT 1976, TRADE MARKS REGULATIONS 1997 AND CERTIFICATE OF REGISTRATION (REGULATION 56).

2.2. Ownership of all rights, title and interest in the contents of this web site and individual elements of this web site, including but not limited to products, events, text, data, graphics, icons, logos, layout and design (hereinafter referred to as the "Content") shall at all times remain with Smart Xs® Consultant Sdn. Bhd. (562001-T) and/or its affiliates and service providers. All other trademarks, product names and company names and logos appearing on this web site are the property of their respective owners.

2.3 We hereby authorise you to view, download and print only any documents or materials that are available on this web site subject to the following conditions :

(i) The documents or materials shall be used solely for personal, non-commercial and informational purposes only;

(ii) The documents materials shall not be modified, reproduced of its logos, products, ideas and/or theme(s) and/or its contents;

(iii) The following copyright notice and permission notice shall appear in each document :

(iv) All copyright, trademark and other proprietary notices appearing on the documents or materials shall not be removed.

2.4 You shall not reproduce, print, copy, disassemble, remove, delete, augment, add to, publish distribute, transmit, upload, download, store, display in public, alter or modify the Content without our prior express written permission. You shall not use Smart Xs® Consultant Sdn. Bhd. (562001-T) Logos, Product's names, Trade Marks, icons, uniform resource locator (URL) or other means to hyperlink to other Internet web sites with any page in our web site for the purpose of Reproduction, copying or redistribution for commercial purposes and/or personal gain and/or adopt the ideas of the Content(s) is strictly prohibited without our prior express written permission.

3. DISCLAIMER

3.1 The content, data and services provided on this site are provided on an "as-is-where-is" basis. Neither we nor our affiliates, officers, directors or employees, agents, third party content providers, merchants, partners, service providers, sponsors, licensors or any other person involved in the creation, contribution, delivery or production of this site or any part thereof warrant accuracy, completeness, reliability, timeliness, merchantability or fitness for a particular purpose of any of the content, data or services provided on this site, or that the use of this site shall be uninterrupted, error-free or virus-free. Smart Xs® Consultant Sdn. Bhd. (562001-T) and smartxs.com.my does not endorse or recommend the services of any particular company or service, nor is Smart Xs® Consultant Sdn. Bhd. (562001-T) responsible for any statements, advice, information, services or goods provided by such companies.

3.2 We disclaim any warranties for other products or services received through or advertised, as well as any information or advice received through any links contained in this web site.

3.3 Internet Communications are not secure, therefore Smart Xs® Consultant Sdn. Bhd. does not accepts any legal responsibility for In no event shall we or any other party involved in creating, producing this web site be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to loss of profits, loss of business and loss of data) whether based in contract or in tort or otherwise arising or which is in any way connected to :

(i) the use or misuse of this site or the content, data or services found herein;

(ii) any failure or delay (including but not limited to the use of or inability or interruption in the use of any component of this site for reservations or ticketing);

(iii) the performance or non-performance by us, our affiliates or any third party service provider;

or/and

(iv) any matter resulting directly or indirectly from anything beyond our control, including but not limited to Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties even if we have been advised of the possibility of such damages.

3.4 We or our affiliates, our partners, our sponsors and service providers shall not be liable for any defamatory, offensive, infringing or illegal material of any third party and we reserve the right to remove such material from this web site without liability.

4. LINKS TO THIRD-PARTY SITES

4.1 The Smart Xs® Consultant Sdn. Bhd.' web site contains links to third-party web sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links only as a convenience to you and the inclusion of a link does not imply any endorsement of the linked site by us.

5. RELATIONSHIP

5.1 The relationship between us and our affiliates, our partners, merchants, sponsors and licensors shall be that of independent contractors and neither of us, nor our respective officers, employees and/or agents shall be construed to be partners, fiduciaries, employees or agents of the other.

6. APPLICABLE LAW

6.1 These Terms and Conditions and all transactions carried out by you using this site shall be governed by the laws of Malaysia. By accessing and using this site, you agree and acknowledge that the Courts of Malaysia shall have jurisdiction to settle any disputes which may arise out of or in connection with your use of this site, these Terms and Conditions or the legal relationship established by them. You consent and submit to the exclusive jurisdiction of the Courts of Malaysia all questions and/or disputes arising out of your use of this site and these Terms and Conditions or the legal relationship established by them.

7. VARIATION

7.1 We reserve the right to vary or modify these Terms and Conditions at any time and your continued use of this site shall be conditioned upon the Terms and Conditions in force at the time of your use. You are deemed to be apprised of and be bound by any changes to these Terms and Conditions each time to access this web site.

8. SEVERABILITY

8.1 In the event any provision of these Terms and Conditions is determined to be unenforceable or invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

9. WAIVER

9.1 Any failure or delay by us in exercising any of our rights and remedies in respect of any breach of these Terms and Conditions shall not mean that we shall have waived such rights or remedies in respect of any preceding or subsequent breach.

10. INDEMNITY

10.1 You shall indemnify us and keep us fully indemnified against all claims, demands, actions and proceedings brought against us by any third party, or any damages, loss and expenses (including but not limited to legal costs on a solicitor-client basis) incurred by us directly or indirectly from your use or proposed use of this site.

11. ENTIRE AGREEMENT

11.1 These Terms and Conditions contain the entire agreement between us relating to the use of this site and supersedes any prior communications, negotiations, agreements or understandings (whether express or implied, oral or written) relating to the use of this site.

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