| TERMS AND CONDITIONS OF USE
ACCEPTANCE
OF TERMS AND CONDITIONS
Welcome! You
have entered the website owned and operated by
AsiaFusion Music Sdn Bhd (“AFM”),
identified by the URL www.yes-malaysia.com (the "Site"),
but before proceeding further please read carefully the
following Terms and Conditions of Use which will govern
your use of the Site (”Terms
and Conditions” which
expression shall include any modification that may from
time to time be made thereto by AFM). By using the
Site or by placing an order through the Site you agree
to and accept all these Terms and Conditions and
therefore have entered into an agreement with AFM
governing your use of the Site. In addition, when
you use any current or future AFM service(s), you also
will be subject to the guidelines and conditions
applicable to such service or business.
USE OF SITE
ACCESS
AFM grants
you a limited non-exclusive license to access and make
personal and non-commercial home use of this Site. As
such, you cannot download the Site (other than page
caching) or modify the Site or its contents or any
portion of the Site or any of its contents, except with
the prior written consent of AFM. This license does not
include any resale or commercial use of this Site or its
contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of
this Site or its contents; any downloading or copying of
account information for the benefit of another merchant
and/or user; or any use of data mining, robots, or
similar data gathering and extracting tools. This Site
or any portion of this Site may NOT be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without prior
express written consent of AFM. You may not frame or
utilise framing techniques to enclose any trademark,
logo, or other proprietary information (including
images, text, page layout, or form) of AFM and the Site
without AFM’s prior express written consent. You may not
use meta tags or any other "hidden text" utilising AFM
and the Site’s name or trademarks without the prior
written consent of AFM. Any unauthorised use
automatically terminates the permission or license
granted by AFM.
You are
granted a limited, revocable, and non-exclusive right to
create a hyperlink to the homepage of the Site so long
as the link does not in any manner whatsoever or
howsoever portray or depict the Site, or its products or
services in false, misleading, derogatory, obscene or
otherwise offensive light or manner. You may not use any
AFM logo, the Site logo or other proprietary graphic or
trade mark as part of the link without AFM’s prior
express written consent.
YOUR
PARTICULARS
When you
register with AFM, you agree to (i) provide true,
accurate, current and complete information about
yourself as prompted by the Order form (the "Order
Data") and to (ii) maintain and promptly update the
Order Data to keep it true, accurate, current and
complete. You are responsible for maintaining the
confidentiality of your Order Data or passwords and for restricting
access to your computer, and you agree to accept
responsibility for all activities that occur under your
particulars. AFM cannot
and will not be liable for any loss or damage arising
from your failure to comply with this Terms and
Conditions. If you are under 18 years of age, you can
use the Site only with involvement of a parent or
guardian. AFM reserves the right to refuse service,
remove or edit content, or cancel orders at its sole
discretion.
RISK OF LOSS
All items
purchased from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
TERMINATION
You agree
that AFM, at its sole and absolute discretion, may
terminate your use of the Site for any reason,
including, without limitation, lack of use or if AFM
believes that you have breached or acted inconsistently
with or in disregard of the letter or spirit of the
Terms and Conditions. AFM may also at its sole and
absolute discretion and at any time, with or without
notice, discontinue providing its services or any part
thereof. You agree that any termination of your access
to the Site under any provision of this Terms and
Conditions may be effected without prior notice, and
acknowledge and agree that AFM may immediately bar any
further access to the Site. On the happening of any of
the afore-going, you agree that AFM shall not in any
manner whatsoever or howsoever, be liable to you or any
third party for any termination of your access to the
Site.
INDEMNITY
You hereby
agree to indemnify and forever save AFM, its affiliates,
directors, officers, employees, owners, agents,
information providers, licensors and licensees harmless,
from and against any and all losses, claims, demands,
damages, liabilities and/or costs and expenses,
including legal costs, on a full indemnity basis, which
may arise from your use of the Site, including, but not
limited to, any breach of any of the Terms and
Conditions, or your violation of any rights of another.
You shall use your best efforts to cooperate with us in
the defence of any claim. We reserve the right (but have
no
obligation), at our own expense, to assume the exclusive
defence and control of any matter subject always to full
indemnification by you.
You hereby acknowledge
and agree that any breach of the Terms and Conditions
will result in irreparable harm and/or losses to AFM for
which monetary damages would or may not be an adequate
remedy and, therefore, in addition to its rights and
remedies otherwise available at law, AFM will be
entitled to equitable relief, including both a
preliminary or interlocutory and permanent injunction,
if such a breach occurs. You irrevocably waive any
requirement for the posting of a bond or other security
if AFM seeks such an injunction.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY AFM
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AFM MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
AFM
DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. AFM MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES THAT THIS SITE OR
THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE
WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED. AFM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM AFM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS.
ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
AFM WILL
NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR SAVINGS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, WHETHER IN
CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE USE
OR THE INABILITY TO USE THE SITE, (ii) ANY DEFECT IN
GOODS, SAMPLES, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED FROM A USER OR A THIRD PARTY SERVICE
PROVIDER THROUGH THE SITE, (iii) UNAUTHORISED ACCESS BY
THIRD PARTIES TO YOUR DATA OR PRIVATE INFORMATION, (iv)
STATEMENTS OR CONDUCT OF ANY USER OF THE SITE, OR (v)
ANY MATTERS RELATING TO SERVICES ACQUIRED THROUGH THE
SITE HOWEVER ARISING, INCLUDING NEGLIGENCE.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS
DONE AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT
FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM AFM OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL AFM BE HELD LIABLE FOR A DELAY OR
FAILURE OR DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY
OTHER EQUIPMENT FAILURES ELECTRICAL POWER FAILURES,
STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES,
FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, ACTS OF
TERRORISTS, WAR, GOVERNMENT ACTIONS, ORDERS OF DOMESTIC
OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF
THIRD PARTIES.
APPLICABLE
LAW
This Site is
created, owned and controlled by AFM in Malaysia. The
Terms and Conditions shall be governed and interpreted
in accordance with the laws of Malaysia without giving
effect to any principles of conflicts of laws. Those who
choose to access the Site do so on their own initiative
and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
By visiting
or using the Site or by placing an order through the
Site you hereby irrevocably accept, agree and consent to
the exclusive jurisdiction of the Courts in Malaysia in
all disputes, controversies or differences of whatsoever
nature which may arise, out of or in relation to the
Terms and Conditions, or the breach hereof relating to
the use of the Site.
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 or other content available on the
Site is accurate, complete, reliable, current, or
error-free.
MODIFICATION AND DISCONTINUANCE
We reserve
the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site and
the Terms and Conditions (or any part thereof) with or
without notice to you. The amended and restated Terms
and Conditions will be posted on the Site and shall be
effective immediately upon posting. Posting by AFM of
the amended and restated Terms and Conditions and your
continued use of the Site shall be deemed to be
acceptance of the amended terms. You agree that AFM
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site.
Please also review our other policies posted on the
Site. These policies also govern your visit to AFM’s
website.
WAIVER OF
CONDITIONS OF USE
The failure
of AFM in any one or more instances to insist upon
performance of any of the terms or conditions contained
herein, or to exercise any right or privilege hereunder,
or the waiver by AFM of any breach by you, of these
terms or conditions of sale, shall not be construed as
thereafter waiving such terms and condition, rights of
privileges, and the same shall continue and remain in
force and effect as if no failure or waiver had
occurred.
LINKS TO
OTHER WEBSITES
Links to
third party websites on this Site are provided solely as
a convenience to you. Please exercise discretion while
browsing the Internet using this Site. If you use these
links, you will leave this Site. AFM has not reviewed
all of these third party sites and does not control and
is not responsible for any of these sites or their
content. Thus, AFM does not endorse or make any
representations about them, or any information, software
or other products or materials found there, or any
results that may be obtained from using them. If you
decide to access any of the third party sites linked to
this Site you do this entirely at your own risk. AFM
will
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 site or resource.
INTELLECTUAL
PROPERTY RIGHTS
AFM is the
sole owner or lawful licensee of all the rights to the
Site and all information, text, messages, illustrations,
images, logos, designs, icons, photographs, programs,
music, sound, video clips, directories, files,
databases, listings or other materials available on or
through the Site (collectively the "Content"). The Site
and the Content embody trade secret and intellectual
property rights protected under worldwide copyright and
other laws. All title, ownership and intellectual
property rights in the Site and the Content shall remain
with AFM, its affiliates or licensors of the Content, as
the case may be. All rights not otherwise claimed under
this Terms and Conditions or by AFM are hereby
reserved. “AsiaFusion
MUSIC SDN BHD", "www.yes-malaysia.com" and related
icons and logos of AsiaFusion Music Sdn Bhd in various
jurisdictions are protected under applicable copyright,
trademark and other proprietary rights laws. The
unauthorised copying, modification, use or publication
of these marks is strictly prohibited.
NOTICES AND
COMMUNICATIONS
When you
visit the Site or send e-mails to us, you are
communicating with us electronically. You consent to
receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on
the Site. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that
such communications be in writing.
SEVERABILITY
If any
provision of the Terms and Conditions shall be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any
remaining provisions.
ENTIRE
AGREEMENT
The Terms
and Conditions constitute the entire agreement between
you and AFM and govern your use of the Site, superseding
any prior agreements between you and AFM (including, but
not limited to, any prior versions of the Terms and
Conditions). You also may be subject to additional terms
and conditions that may apply when you use other AFM
services, third-party content or third-party software.
Any assignment or transfer of either the Terms and
Conditions or any right granted hereunder is strictly
prohibited.
HEADING
The headings
of each of the Terms and Conditions are for convenience
of reference only and shall not form part of the Terms
and Conditions. Such heading shall be ignored in the
interpretation or construction of any of the Terms and
Conditions. |
