The Terms and Conditions contained herein and the amendments thereto shall govern the use of the Website of KSK Group Berhad and its subsidiaries, affiliates, related and associated companies (collectively “KSK” and any reference to “we”, “us” or “our” shall include any member of the KSK Group Berhad) and the services provided by KSK. By accessing to any pages on this Website (other than reading this Terms and Conditions for the first time), it represents that you have read, understood and agreed to comply with all the Terms and Conditions hereof. If you do not accept these Terms and Conditions, please immediately discontinue your access to this Website and/or use of the services.
Definition This Website is an interactive online service operated by KSK on the Internet, consisting of information, services and content provided by KSK, affiliates and other third-party.
Third-Party Link and Content If you click on a link to a third-party site, you will be taken to websites we do not control. While we try to be proactive and ensure that appropriate protections are in place, we cannot be responsible for the terms and conditions used by other website owners or the content or accuracy of those other websites. Please read the terms and conditions of other websites carefully. We will not be liable for any loss or damage caused by your reliance on information obtained through third-party sites.
Lawful Purpose You may use this Website for lawful purpose only. Transmission and/or posting of any material in violation of any international, Federal, State or Local regulations are prohibited. This includes, but is not limited to copyrighted materials, material legally deemed to be threatening or obscene, pornographic, profane or material protected by trade secrets or which, without KSK's express prior approval, contains advertising or any solicitation with respect to products or services or membership or subscription to other online information services competitive with KSK's Website. This also includes links or any connection to such materials. Any conduct in KSK's view that restrict or inhibits any other KSK Website user from using or enjoying the Website will not be permitted.
Copyrights and Trademarks We own solely and exclusively all rights to the content, including but not limited to text, graphics, logos, buttons, icons, images, video, music, sound, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein on this Website. No part of the content of this Website may be used, published, transmitted, modified, transferred or sold, created as derivative works or in any way exploited without express permission from KSK and the respective copyright owners. You may download materials for personal use only provided that it is not for the purpose of private or commercial gain.
All Trademarks not owned by us that appear on this Website are the property of their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without our written permission or the third party that may own the applicable Trademark.
You shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without express permission of the respective owners. You shall be solely liable for any damages resulting in any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting materials to any public area of this Website, you automatically grant, or warrant that the owner of the material expressly grants KSK rights and licenses to use, reproduce, modify, adapt, publish, translate and distribute such material in whole or in part. You also permit any other users of this Website to access, view, store or reproduce the materials for their own use. You also grant KSK the right to edit, copy, publish and distribute any material that you have made available in KSK's Website.
Disclaimer You understand and agree that use of this Website is at your sole risk. Neither KSK, its employees, agents, third party content providers or merchants warrant that this Website will be uninterrupted, error free or free from viruses or other harmful components nor do they make any warranty as to the result that may be obtained from the use of KSK's Website, or as to the accuracy, reliability or content of information, service or merchandise provided by KSK's Website. that may infect your equipment on account of your access to, use of, or browsing in KSK’s Website or your downloading of any materials, data, text, images, video content, or audio content from KSK’s Website. If you are dissatisfied with KSK’s Website, your sole remedy is to discontinue using KSI’s Website.
In no event shall we be liable for any direct, indirect, incidental, punitive or other consequential damages or any damages for loss of profits, use, data, goodwill or other intangibles, arising from or in any way connected with these terms, the use of KSK’s Website or the materials, the licensed marks, or any information, goods or services obtained on or from KSK’s Website, whether or not KSK is advised of the possibility of such damages.
Indemnification You agree to defend, indemnify, save and hold KSK, its employees, agents, third party content providers or merchants harmless from and against any demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, that may arise or resulting from the use of KSK’s Website or your breach or violation of these terms. You shall use your best efforts to cooperate with us in the defence of any claim.
Monitoring We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to KSK’s Website by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or Governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms and Conditions, our policies or applicable law
Termination Both parties may terminate these Terms and Conditions at any time. Without limiting the foregoing, KSK shall have the right to immediately restrict, suspend or terminate your access to KSK’s Website and/or its services in the event of any conduct by you, which KSK, in its sole discretion, consider to be unacceptable, or in the event of any breach by you of this Terms and Conditions.
Governing Law These Terms and Conditions and any operating rules for KSK Website established by KSK constitute the entire agreed Terms and Conditions of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements or agreed Terms and Conditions between the parties with respect to such subject matter. These Terms and Conditions shall be construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the purpose of hearing and determining any dispute arising out of these Terms and Conditions. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
We do not represent that materials on this Website are appropriate or available for use in locations outside Malaysia. If you access this Website remotely from outside Malaysia, you do so on your own initiative, and you are responsible for compliance with the local laws, if and to the extent local laws are applicable. All parties to this Terms and Conditions waive their respective rights to a trial by jury.