Terms and Conditions
By assessing this website and/or using the services provided herein, you agree to be bound by the terms and conditions as stated herein without limitation or qualification during your access and use of this website and the services provided herein by ES Link Capital Sdn Bhd. Please immediately discontinue your access to this website and/or use the services if you do not accept these terms and conditions.
The term “ES Link” as used in these terms and conditions refers to ES Link Capital Sdn Bhd
All products and services of the ES Link and its partners herein provided are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are to be read together with the applicable terms and conditions governing any transaction, product and/or service provided in this website and are meant to regulate your access to this website and the use of the services provided herein. In the event of conflict between these terms and conditions and the terms and conditions governing the relevant transaction, product and/or service provided herein, the later will prevail.
ES Link reserve the rights to change, from time to time, with or without notice, at ES Link’s discretion, the information, material, functions and content provided in this website. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
Law and Jusrisdiction
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Malaysia in all disputes arising out of or relating to the use of this website.
ES Link does not make any express or implied representations, warranties or endorsements including but not limited to any warranties of title, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, non-infringement, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for all errors and omissions in such materials, information and/or functions. In addition but not in derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of ES Link, ES Link warrant that all reasonable measures will be taken to ensure the accuracy and validity of all material and/or information relating to transactions and products of ES Link which originate from ES Link.
ES Link does not further warrant or represent that access to this website, (including its materials, information and/or functions contained therein) will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
ES Link does not warrant the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information as stated herein and you shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the website at your own. ES Link further advise you to seek for independent professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any business or commercial decision based on any such materials or information.
Unless otherwise indicated, the copyright in this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the absolute property of ES Link, and are protected by applicable Malaysian and international copyright laws. You also may not, without ES Link’s expressed prior written notice, modify, copy, distribute, retransmit, broadcast, display, perform, reproduce, publish, license, transfer or commercially dealt with in any manner, all such material and/or information.
Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of ES Link’s website may be in breach of statutory or common law rights which could be the subject of legal action.
ES Link disclaims all liability which may arise from any unauthorised reproduction or use of the contents of this website.
ES Link and/or their respective third party proprietors as identified in the website shall be the rightful owner of all trademarks, service marks, and logos displayed in this website.
Unless the prior written consent of ES Link or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos.
You hereby irrevocably agree to indemnify and keep indemnified ES Link from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by ES Link in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against ES Link in connection with your use of this website.
Exclusion of Liability
ES Link and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website, reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
ES Link reserve absolute right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason whatsoever.
The failure of ES Link to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.
Any rights not expressly granted herein are reserved.
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