Terms of Use of Website

Effective Date of these Online Terms Of Use: 10 November 2009

These Online Terms of Use govern your access to web sites controlled by YTL Communications Sdn Bhd (“YTL Communications), including its subsidiaries and affiliates (together referred to as “YTL Communications Group), which link to these Online Terms of Use (together referred to as “YTL Communications Web Sites”). These Online Terms of Use do not apply to third-party web sites to which YTL Communications Web Sites may link save as otherwise provided herein. Your use of YTL Communications Web Sites is subject to these Online Terms of Use and the Privacy Policy.

 

Without prejudice to your rights under applicable law, YTL Communications reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If YTL Communications changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using YTL Communications Web Sites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing YTL Communications Web Sites. If you disagree with these Online Terms of Use, or are dissatisfied with YTL Communications Web Sites, your sole and exclusive remedy is to discontinue using this YTL Web Site.


DISCLAIMERS
You acknowledge and agree that:
a.  Although we strive to provide on YTL Communications Web Sites the latest developments relating to our products and services, and other information about YTL Communications, we do not warrant the accuracy, effectiveness and suitability of any information contained in YTL Communications Web Sites. Each person assumes full responsibility and all risks arising from the use of YTL Communications Web Sites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. YTL Communications reserves the right to make additions, deletions, or modifications to the information contained on YTL Communications Web Sites at any time without any prior notification.

b. YTL COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON YTL COMMUNICATIONS WEB SITES. YTL COMMUNICATIONS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL YTL COMMUNICATIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF YTL COMMUNICATIONS WEB SITES, AND/OR THE INFORMATION OR CONTENT POSTED ON YTL COMMUNICATIONS WEB SITES, REGARDLESS OF WHETHER YTL COMMUNICATIONS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

c. YTL Communications is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on YTL Communications Web Sites, YTL Communications will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on YTL Communications Web Sites. Such information should, therefore, be considered as suspect and is not endorsed by YTL Communications.


YOUR USE
You understand, acknowledge, and agree to the following:
a. By using YTL Communications Web Sites, you agree not to disrupt or intercept our electronic information posted on YTL Communications Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of YTL Communications Web Sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

b. Except as expressly stated and agreed upon in advance by YTL Communications, no confidential relationship shall be established in the event that any user of YTL Communications Web Sites should make any oral, written or electronic communication to YTL Communications (such as feedback, questions, comments, suggestions, ideas, etc.). If any YTL Communications Web Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number, email address), YTL Communications shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and YTL Communications shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to YTL Communications is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.


INTELLECTUAL PROPERTY
The information, documents, and related graphics published in YTL Communications Web Sites (the “Information”) are the sole property of YTL Communications, except for information provided by third-party providers under contract to YTL Communications. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this YTL Communications Web Site are used separate from accompanying text. YTL Communications is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of YTL Communications.

 

No use of any YTL Communications trademark, trade names, and trade dress in YTL Communications Web Sites may be made without the prior written authorisation of YTL Communications, except to identify the product or services of the company.


PRIVACY AND SECURITY
YTL Communications is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to YTL Communications Web Sites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using YTL Communications Web Sites, you agree to be bound by that Privacy Policy.

 

You recognise and agree that when submitting your personally identifiable information to YTL Communications Web Sites, while YTL Communications has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, YTL COMMUNICATIONS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER. EVEN IF YTL COMMUNICATIONS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YTL COMMUNICATIONS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.


LIMITATION OF LIABILITY
YTL Communications does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through YTL Communications Web Sites. Reliance on these materials, information and opinions is solely at your own risk. YTL Communications disclaims any liability for injury or damages resulting from the use of YTL Communications Web Sites, or the content contained thereon.

 

YTL COMMUNICATIONS WEB SITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH YTL COMMUNICATIONS WEB SITES ARE PROVIDED ON AN “AS IS AND “AS AVAILABLE BASIS, WITH ALL FAULTS. IN NO EVENT SHALL YTL COMMUNICATIONS OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “YTL COMMUNICATIONS PARTIES) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE YTL COMMUNICATIONS WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH YTL COMMUNICATIONS WEB SITES OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN YTL COMMUNICATIONS WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY YTL COMMUNICATIONS AND WHETHER OR NOT YTL COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to YTL Communications Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO YTL COMMUNICATIONS WEB SITES.



GENERAL
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.