Terms and Conditions
Welcome to www.popularonline.com.my website (the "Site"). Popular Book Co. (Malaysia) Sdn. Bhd. Registration No. 198401001304 (113825-W) and/or its affiliates (collectively referred as “POPULAR”), a company incorporated in Malaysia and having its registered address at 8, Jalan 7/118b, Desa Tun Razak, 56000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur provides the content and services available on the Site to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Site, you acknowledge that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms & Conditions which include our Privacy Policy.
Please read them carefully.
5. Your Obligations and Responsibilities
9. Representations and Warranties; Limitation of Liability
1. Privacy
Please review our Privacy Policy, which also governs your use and access to the Site in connection with any of the products or services available via online, so that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any prizes thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or prizes thereof, you purchase or otherwise received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders you make that: (1) subject to the product availability and/or (2) we believe may result in the violation of any applicable law and/or our Terms and Conditions. Customers below the age of 21 are to seek parental or guardian consent prior to making any online purchases.
Please also refer to other additional policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges).
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of POPULAR, our affiliates, partners or licensors, and is protected by Malaysia and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of POPULAR, our affiliates, partners or licensors, in Malaysia and other countries, and are protected by Malaysia and international trademark laws.
Neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to POPULAR, our affiliates, partners or licensors.
6. Your Account
You may choose to register at our Site. If you do, you will have an email address and password for your account. You are responsible for maintaining the confidentiality of your account, login email and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, login name and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in POPULAR’s best interests to do so.
7. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
8. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
9. Representations and Warranties; Limitation of Liability
The Site is presented "AS IS". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.You agree that, to the fullest extent permitted by applicable LAW, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party web sites; (f) any inaccuracies or omissions in contents or (g) events beyond our reasonable control.
Further, to the fullest extent by LAW, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
11. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Malaysia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Malaysia. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Malaysia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
12. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
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