Term and condition
1. Introduction
These Elitaco website Terms and Conditions and Conditions written on this webpage shall manage your use of our Elitaco website, Elitaco accessible at https://www.elitaco.com/.
These Terms and Conditions will be applied fully and affect to your use of Elitaco website. Please read the following Terms and Conditions carefully. By using Elitaco website, you acknowledge that you have read, understood and agreed to accept all the Terms and Conditions written on this webpage. You MUST NOT use Elitaco website if you disagree with any of these Elitaco website Terms and Conditions.
Elitaco provides hardware tools, services and other related products. You understand that our physical products therein are not considered part of Elitaco website. The Terms and Conditions and any warranties that apply to Elitaco is included with Elitaco Sdn. Bhd.
These Terms and Conditions provide that all disputes between you and Elitaco will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms and Conditions, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms and Conditions for the details regarding your agreement to arbitrate any disputes with Elitaco.
2. Eligibility
You must be at least 13 years of age to access the Elitaco website. By agreeing to these Terms and Conditions, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Elitaco website; and (c) your access to the Elitaco website is in compliance with all applicable laws and regulations. If you are accessing the Elitaco website on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation to these Terms and Conditions and you agree to be bound by these Terms and Conditions on behalf of that organisation.
3. ACCOUNTS AND REGISTRATION
To access certain features of the Elitaco website, such as when you participate in the Elitaco Forum, you may be required register a Elitaco account. When you register for a Elitaco account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Elitaco account and password, and you accept responsibility for all activities that occur under your Elitaco account.
4. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services, and specific sections of the Elitaco website may be subject to additional Terms and Conditions; all additional Terms and Conditions are incorporated into these Terms and Conditions by reference. You agree to abide by all such other Terms and Conditions and conditions, including representations of having sufficient legal age to use certain portions of the Elitaco website or services. If there are any conflicts between these Terms and Conditions and Terms and Conditions that are specific to a section of the Elitaco website or specific to a particular service offered by the Elitaco website, you agree that the latter Terms and Conditions will control with respect to your use of that section of the Elitaco website or those particular services.
5. USER CONTENT
User content in Elitaco website Terms and Conditions means any audio, video, text, image or any other material that you choose to display on Elitaco website. By displaying your content in Elitaco website, you grant Elitaco a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
5.1 User Content Generally
Certain features of the Elitaco website, such as the Elitaco Forum, may permit users to upload content to the Elitaco website, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Elitaco website. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Elitaco website.
5.2 Limited License Grant to Elitaco
By disclosing User Content to Elitaco in whatever manner, you grant Elitaco a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, translate, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
5.3 Limited License Grant to Other Users
By disclosing User Content on Elitaco website in whatever manner with other users of the Elitaco website, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and Conditions and the functionality of the Elitaco website.
5.4 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of disclosing or posting or publishing User Content. By disclosing or posting or publishing User Content, you affirm, represent, and warrant that:
a). You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise Elitaco and users of the Elitaco website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Elitaco, the Elitaco website, and these Terms and Conditions;
b). Your User Content, and the use of your User Content as contemplated by these Terms and Conditions, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Elitaco to violate any law or regulation.
5.5 User Content Disclaimer
Elitaco is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Elitaco may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms and Conditions or is otherwise objectionable. You understand that when accessing the Elitaco website you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Elitaco with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms and Conditions, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Elitaco does not permit copyright-infringing activities on the Elitaco website.
6. USING THE Elitaco website
By using the Elitaco website, and by entering into these Terms and Conditions, you represent and warrant that your use of the Elitaco website complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Elitaco website except as expressly permitted under these Terms and Conditions. Elitaco also welcomes users to report any User Content that is in violation of applicable laws or regulations.
7. PROHIBITED CONDUCT
By using the Elitaco website you agree not to:
7.1 Access the Elitaco website for any illegal purpose or in violation of any local, state, national, or international law;
7.2 Conduct activities that may be harmful to others or that could damage Elitaco ‘s reputation;
7.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
7.4 Interfere with security-related features of the Elitaco website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Elitaco website except to the extent that the activity is expressly permitted by applicable law;
7.5 Interfere with the operation of the Elitaco website or any user’s enjoyment of the Elitaco website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Elitaco website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Elitaco website, or violating any regulation, policy, or procedure of any such network, equipment, or server;
7.6 Perform any fraudulent activity in connection with your obtaining or accessing the Elitaco websites, including impersonating any person or entity, claiming a false affiliation, accessing any other Elitaco account without permission, or falsifying your age or date of birth;
7.7 Sell or otherwise transfer the access granted under these Terms and Conditions or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
7.8 Bypass any security or other features of the Elitaco website designed to control the manner in which the Elitaco website is used, harvest or mine User Content from the Elitaco website, or otherwise access or access the Elitaco website in a manner inconsistent with individual human usage;
7.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Elitaco website or to extract data;
7.10 Use, display, mirror, frame or utilise framing techniques to enclose the Elitaco website or User Content, or any portion thereof, unless and solely to the extent Elitaco makes available the means for embedding any part of the Elitaco website or the User Content;
7.11 Access, tamper with, or use non-public areas of the Elitaco website, Elitaco’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Elitaco providers;
7.12 Access the Elitaco website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
7.13 Sell or otherwise transfer the access granted under these Terms and Conditions or any Materials or any right or ability to view, access, or use any Material;
7.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
8. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE Elitaco WEBSITE
If you violate any provision of these Terms and Conditions, your permission from us to access the Elitaco website will terminate automatically. In addition, Elitaco may in its sole discretion terminate your Elitaco account or suspend or terminate your access to the Elitaco website at any time for any reason or no reason, with or without notice. Elitaco also reserve the right to modify or discontinue the Elitaco website or features of the Elitaco website at any time, temporarily or permanently, without notice to you. Elitaco will have no liability whatsoever on account of any change to the Elitaco website or any suspension or termination of your access to or access to the Elitaco website. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Elitaco website, you will not have access to any data or content posted to the Elitaco website or otherwise contained in the Elitaco website, and we will have no responsibility to provide you access to such data or content. You may terminate your Elitaco account at any time by contacting customer service via 07-3534769/016-7725151 or at support@elitaco.my.
9. MODIFICATION OF THESE Terms and Conditions
Elitaco reserve the right, at our discretion, to change these Terms and Conditions on a going-forward basis at any time. Please check these Terms and Conditions periodically for changes. Modified versions of these Terms and Conditions are effective upon their publication. If Elitaco make material changes to the Terms and Conditions and Conditions, Elitaco will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Elitaco website, you agree to be bound by the updated, amended, or modified Terms and Conditions and Conditions. If you do not agree to be bound by the modified Terms and Conditions, you must immediately cease your access to or use of the Elitaco website or contact Elitaco customer service 07-3534769/016-7725151 to terminate your account. Disputes arising under these Terms and Conditions will be resolved in accordance with the version of these Terms and Conditions that was in effect at the time the dispute arose.
10. OWNERSHIP; PROPRIETARY RIGHTS
The Elitaco website is owned and operated by Elitaco. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Elitaco website (“Materials”) provided by Elitaco are protected by intellectual property and other laws. All Materials contained in the Elitaco website are the property of Elitaco and its third-party licensors. Except as expressly authorised by Elitaco, you may not make use of the Materials. Elitaco reserves all rights to the Materials not granted expressly in these Terms and Conditions.
11. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, Elitaco website or any of the services or products made available by Elitaco (“Feedback”), then you hereby grant Elitaco an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
12. INDEMNITY
You are responsible for your access to Elitaco website. You will defend and indemnify Elitaco and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Elitaco Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
13. DISCLAIMERS; NO WARRANTIES.
Elitaco WEBSITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Elitaco ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Elitaco ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF Elitaco ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, Elitaco DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT Elitaco IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL Elitaco ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Elitaco ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF Elitaco ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO RM1000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms are governed by the laws enforce by Malaysia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Elitaco agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Johor for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.
16. GENERAL
You agree that the Elitaco website shall be deemed a passive website that does not give rise to personal jurisdiction over Elitaco, either specific or general, in jurisdictions other than Malaysia. These Terms and Conditions and any other agreements expressly incorporated by reference into these Terms and Conditions are the entire and exclusive understanding and agreement between you and Elitaco regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorised representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and Conditions at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms and Conditions, or any provision of these Terms and Conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms and Conditions is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Generally
In the interest of resolving disputes between you and Elitaco in the most expedient and cost effective manner, you and Elitaco agree that every dispute arising in connection with these Terms and Conditions will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND Elitaco ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions
Despite the provisions of Section 17.1, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Arbitrator
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17.4 No Class Actions
YOU AND Elitaco AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Elitaco agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.5 Modifications of This Arbitration Provision
If Elitaco makes any future change to this arbitration provision, other than a change to Elitaco’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Elitaco’s address for Notice, in which case your account with Elitaco will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.6 Enforceability
If Section 17.4 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.4) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. CONTACT INFORMATION
The Site is offered by Elitaco and its affiliated companies, Elitaco Sdn. Bhd. located at 59 Jalan Mutiara Emas 5/1, Taman Mount Austin, Johor Bahru 81100, Johor, Malaysia. You may contact us by sending correspondence to that address or by emailing us via https://www.elitaco.com/feedback or at support@elitaco.my
Intellectual Property Rights
Other than the content you own, under these Terms and Conditions, Elitaco and/or its licensors own all the intellectual property rights and materials contained in Elitaco website.
You are granted limited license only for purposes of viewing the material contained on this Elitaco website.
Restrictions
You are specifically restricted from all of the following:
- Publishing any Elitaco website material in any other media;
- Selling, sub-licensing and/or otherwise commercialising any Elitaco website material;
- Publicly performing and/or showing any Elitaco website material;
- Using Elitaco website in any way that is or may damage the reputation or image of Elitaco;
- Using Elitaco website in any way that impacts user access to Elitaco website;
- Using Elitaco website contrary to applicable laws and regulations, or in any way may cause harm to Elitaco website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Elitaco website;
- Using this Elitaco website to engage in any advertising or marketing.
Certain webpage of this Elitaco website are restricted from being access by you and Elitaco may further restrict access by you to any areas of this Elitaco website, at any time, in absolute discretion. Any user ID and password you may have for Elitaco web Elitaco website are confidential and you MUST maintain confidentiality as well.
