Terms of Use

1. Your Agreement AND Acceptance


1.1 By entering, using and/or visiting this website located at info@lescopaque.com (hereinafter referred to as the "Website"), you agree to these terms and conditions (as may be amended or revised from time to time) (the "Terms of Use”), and to the Privacy Policy, and any other terms and conditions incorporated hereunder (this “Agreement”) and further agree that the laws of Malaysia will govern this agreement and to submit to the non-exclusive jurisdiction of the courts of Malaysia for any dispute in relation to or involving the Website, without giving effect to any conflict of law principles.
1.2 By using our Website, you are confirming that you are fully able and competent to enter into and be bound by this Agreement. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement. By using our Website, you are confirming that your use of our Website signifies your assent to this Terms of Use. If you do not agree with our Terms of Use, please do not use this Website.
1.3 The Website is controlled and offered by us from our facilities in Malaysia. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
1.4 You are only authorised to use the Website if you agree to abide by this Agreement. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms of Use, you must immediately leave the Website and discontinue using it and any of the services provided therein.
1.5 In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
1.6 These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions.


2. Website Access, Registration and Usage


2.1 We grant you permission to use (i) the Website; and (ii) the content on the Website including (but not limited to) the text, software, scripts, image, graphics, photographs, sounds, music, videos, other audio or visual content, interactive features or any other data or content in any media or format (collectively, the "Content"), strictly in accordance with these Terms of Use, provided always that:

  • your use of the Website and the Content as permitted is strictly and solely for your information and for your personal use for the purchase of the products sold by us (“Approved Use”);
  • you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and the Content in any medium or format without our prior written consent;
  • you will not alter or modify any part of the Website other than as expressly permitted by us;
  • you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Content) and/or Marks (as defined below) provided with the Content;
  • upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
  • you will otherwise comply with the terms and conditions of these Terms of Use.


3. Intellectual Property Rights


3.1 All rights in (i) the Content; and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to us and/or our related entities, and subject to copyright and other intellectual property rights under Malaysian and foreign laws and international conventions acceded to by Malaysia.
3.2 Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.
3.3 The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent, our related entities and the respective rights owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to and acknowledge that you are not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein and for any other purpose other than for Approved Use. If you download or print a copy of the Content for Approved Use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of our Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
3.4 We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website.
3.5 If you believe that any materials on the Website infringes your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regards to copyright issues, kindly email to: info@lescopaque.com


4. PROHIBITIONS AND CONTENT


4.1 You agree that you will not:
  • submit, upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual and/or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships), that is protected by obligations of confidentiality or non-disclosure, copyrighted, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  • submit material that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
  • submit any material that: is illegal; unlawful; encourages conduct that would be considered a criminal offence, or give rise to civil liability; violates any law; provides any telephone numbers, postal address, last names, URLs or e-mail addresses; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorised copy of another person’s copyrighted work; involves unsolicited or unauthorised advertising or the transmission of promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, unsolicited mass mailing or instant messaging; contains restricted or password only access pages or hidden pages or images; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; involves commercial and promotional activities and/or sales without our prior written consent; includes a photograph of another person you have posted without that person’s consent; or is otherwise inappropriate, objectionable or unacceptable;
  • publish falsehoods or misrepresentations that could damage us or any third party or post false and/or defamatory messages;
  • impersonate any person or entity, falsely state or otherwise represent your affiliation with a person or entity;
  • submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • "stalk" or otherwise harass another person or user; or
  • deface, modify, edit, distribute or reproduce any Content on the Website.
4.2 We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content. The information on the Website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on the Website at a particular time does not guarantee that the products or services will be available.
4.3 We expressly reserve for ourselves and any party we may choose to designate, the right to delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, and to reject, refuse to post or remove any Content at our sole discretion at any time, with or without cause, with or without prior notice and without any liability. If you are or become aware of any misuse of the Website by any user, please notify us immediately.
4.4 We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) at any time without prior notice and at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any loss of Content arising or resulting from such modification, suspension or discontinuance of the Website.
4.5 The Website may contain advertisements and links to other websites or resources. We are not responsible for the availability of such advertisements, external websites or resources, do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such advertisements, websites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such advertisement, external website or resource. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
4.6 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you understand, acknowledge and agree that you rely on any Content at your own risk.
4.7 You are solely responsible for procuring and ensuring the procurement of any and all necessary licences, permits and releases from any individuals and/or entities in connection with your use of any Content.
4.8 You agree to indemnify and hold us (and/or our related entities), and our directors, officers, employees, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
4.9 We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of us and the users.
4.10 We may alter, suspend, or discontinue the Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Website for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
4.11 We make no representation that information on the Website is appropriate or available for use outside the Asia region. Those who choose to access the Website from outside the Asia region do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


5. Warranty and Disclaimer


YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
  • ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.


6. Limitation of Liability


1 IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ASSOCIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE WEBSITEBE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
  • ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
2 You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.


7. Indemnity


To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:

  • your use of and access to our Website;
  • your violation of any term of these Terms of Use; or
  • your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

This Clause will survive these Terms of Use and your use of our Website.


8. USERS’ RESPONSIBILITIES


1 You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2 You may use the Website only in accordance with and subject to these Terms of Use and the Privacy Policy. Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Les Copaque Production Sdn Bhd or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of the Website or otherwise in response to specific requests for information by us; (b) introduce to the Website or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the Website or an employee of Les Copaque Production Sdn Bhd and related companies of Les Copaque Production Sdn Bhd; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to the Website or any component of the Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.


9. Assignment


These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.


10. General


10.1 These Terms of Use, together with our Privacy Policy and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.
10.2 The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
10.3 These Terms of Use operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms of Use is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
10.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
10.5 The failure of Les Copaque Production Sdn Bhd to act with respect to a breach by you or others does not waive Les Copaque Production Sdn Bhd’s right to act with respect to subsequent or similar breaches. Les Copaque Production Sdn Bhd's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
10.6 Additional terms and conditions may apply to specific portions of the Website which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website.

I HAVE READ These Terms of Use AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.


Last Updated: December, 2013