TERMS OF USE

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. 

Your access and use of any of our websites, online platforms and/or mobile applications (collectively “our Sites”), which is made available to you by Klin Malaysia (“CLNR”, “Klin Malaysia” “we”, “our” or “us”) is subject to this Terms of Use and all other terms and conditions/policies/notices which you may find throughout our Sites in connection to the services and features provided by or through our Sites, all of which is deemed a part of and included within this Terms of Use (collectively, “Terms and Conditions”).
 

SECTION 1. Acknowledgment & Acceptance of Terms of Use

By accessing or using our Sites, you acknowledge that you have read, understood and agreed, without any limitation or qualification, to be bound by this Terms of Use, which may be amended by CLNR or Klin Malaysia at any time and from time to time.

You represent that you are legally able to accept this Terms of Use, and affirm that you are of the capacity to form a binding contract. If you do not agree to this Terms of Use, you must discontinue your use of our Sites.

CLNR or Klin Malaysia reserves the right to amend, update or vary this Terms of Use at any time. Notification of such revision shall be posted on our Sites and/or other means of communication deemed suitable by CLNR or Klin Malaysia. It is your responsibility to check our Sites from time to time to stay informed of any revisions to this Terms of Use. Your continued use of and/or access to our Sites following the posting of any such revision constitutes acceptance of the revision.
 

SECTION 2. General Conditions

Access and/or use of the services and features on our Sites shall be subject to additional terms and conditions/policies/notices referred herein and/or made available by hyperlink.

You understand that your information (not including credit/debit card information and bank account details), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For the avoidance of doubt, credit/debit card information and bank account details shall always be encrypted during transfer over networks.
 

SECTION 3. Products and Services

Information – Purchase of any products or services on our Sites shall be subject to additional terms and conditions/policies/notices referred herein and/or made available by hyperlink. All photos, images and videos of products and services used and displayed on our Sites are solely for illustration purposes only; actual item/colour may vary. If you are not based in Malaysia i.e. being an international visitor to our Sites, you should not rely on information contained in our Sites, including without limitation specifications or pricing.

Quantity & Quality – Certain products or services may be available exclusively through our Sites. These products or services may have limited quantities. CLNR or Klin Malaysia reserves the right to limit the quantities of any products or services that CLNR or Klin Malaysia offers. We do not warrant the quality of any products or services purchased by you will meet your expectations.

Modification – We reserve the right at any time to modify or discontinue our products or services (or any part thereof) without notice at any time. Prices for our products and services are subject to change without notice. CLNR or Klin Malaysia shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the products and the services.

Refusal – CLNR or Klin Malaysia reserves the right to refuse providing the products and services available in our Sites to anyone for any reason at any time.
 

SECTION 4. Third Party Links

Our Sites may contain links to other websites, online platforms and/or resources that are not affiliated with us (“Third Party Links”). You acknowledge and agree that CLNR or Klin Malaysia is not responsible for the contents of any such Third Party Links. Your use of any of the Third Party Links is at your own risk. CLNR or Klin Malaysia does not warrant the offerings of such Third Party Links, nor does CLNR or Klin Malaysia assume any responsibility or liability for the actions, contents, products, or services of such Third Party Links, including, without limitation, its privacy policies, terms of use and other terms and conditions. You should carefully review and understand the privacy policies, terms of use and other terms and conditions of all such Third Party Links that you visit before you engage in any transaction.

SECTION 5. Personal Information

CLNR or Klin Malaysia recognises that your privacy and your personal information are very important to you. Your submission of personal information through our Sites is governed by our Privacy Notice and the same is detailed in this website.
 

SECTION 6. Intellectual Property

All information and content available on our Sites and its “look and feel”, including but not limited to the logos, service marks, texts, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organisation (collectively, the “Content”) are the intellectual property of CLNR or Klin Malaysia and the same are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such Content or any part of our Sites is strictly prohibited.
 

SECTION 7. Your Obligations and Responsibilities

Use of our Sites – In the access or use of our Sites, you shall comply with the Terms and Conditions and the special warnings or instructions for access or use posted on our Sites. You shall always act in accordance with the law, custom and in good faith. You shall not make any changes or alterations to our Sites or any Content, services or features that may appear on our Sites and shall not impair in any way the integrity or operation of our Sites. Without limiting the generality of any other provision of the Terms and Conditions, if you negligently or wilfully default in any of the obligations set forth in the Terms and Conditions, you shall be liable for all losses and damages suffered or incurred or may be incurred by CLNR or Klin Malaysia, its affiliates, partners or licensors, as a result thereof.

Payments – You represent and warrant that if you make any payment transaction on our Sites for the purchase or rental of any products or services from CLNR or Klin Malaysia that (i) any credit/debit card information or bank account details you supply is true, correct, complete and current, (ii) charges incurred by you will be honoured by your credit/debit card provider, and (iii) you will pay the charges incurred by you as stated on our Sites, including any applicable taxes.

Your Account – You may choose to create an account on our Sites if you are eighteen (18) years of age and above wherein you will have a username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your mobile device and account. Your username and password are intended for your use only. You agree that you will not share your username and/or password with anyone. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. For the avoidance of doubt, CLNR or Klin Malaysia reserves the right to refuse service and/or terminate your account without prior notice if the Terms and Conditions are violated, if our Sites is discontinued or for good cause.

Your Information – You are responsible for keeping your account information current, complete accurate and truthful. Please note that your account may be terminated without notice if CLNR or Klin Malaysia determines that false or misleading information has been provided.
 

SECTION 8. User Content

When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (collectively, “User Content”) on our Sites, you are entirely responsible for such User Content. You acknowledge and agree that CLNR or Klin Malaysia will not be responsible for any User Content.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on our Sites any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (b) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

In addition, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (a) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (d) intentionally or unintentionally violate any applicable local, state, national or international law; or (e) collect or store personally identifiable data about other users.

You acknowledge that CLNR or Klin Malaysia has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and CLNR or Klin Malaysia reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing of any other provision of the Terms and Conditions, CLNR or Klin Malaysia has the absolute right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable and CLNR or Klin Malaysia reserves the right, without prior notice, to refuse service to and/or terminate accounts of any users who violate these Terms and Conditions or infringe the rights of others.
 

SECTION 9. Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receiving any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Terms of Use refer from CLNR or Klin Malaysia electronically including without limitation by email or by notices posted on our Sites. You agree that all Notices that CLNR or Klin Malaysia provides to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify CLNR or Klin Malaysia of your withdrawal of such consent by contacting our Toll-Free Careline at 1800-282-261 and discontinue your use of our Sites. In such event, all rights granted to you pursuant to the Terms and Conditions, shall automatically terminate.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Notice.
 

SECTION 10. Disclaimer

The information on our Sites are presented “as is”, “as available,” and all warranties of any kind whatsoever, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

The information, services and features on our Sites may contain bugs, errors, problems or other limitations. CLNR or Klin Malaysia shall owe no liability whatsoever for your use of any such information, services or features. In particular, but not as a limitation, CLNR or Klin Malaysia is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the likes), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. No advice or information, whether oral or written, obtained by you from CLNR or Klin Malaysia through our Sites shall create any warranty, representation or guarantee not expressly stated in the Terms and Conditions.
 

SECTION 11. Indemnification

You agree to defend, indemnify and hold CLNR or Klin Malaysia, its parent company, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any losses, damages or costs, including reasonable attorneys’ fees, resulting from any third party claims, actions, or demands arising from your use of our Sites or the Content in violation of any law, rule, regulation or the Terms and Conditions. You also agree to indemnify the Indemnified Parties for any losses, 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 CLNR or Klin Malaysia’s infrastructure.
 

SECTION 12. Limitation of Liability

To the fullest extent permitted by law, you agree that CLNR or Klin Malaysia shall not be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to our Sites; (c) non-delivery, misdelivery, corruption, destruction or other modification of data; (d) loss or damages of any sort incurred as a result of dealings with the presence of any Third Party Links on our Sites; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of our Sites, including during use of any Third Party Links; (f) any inaccuracies or omissions in the Content; or (g) any event beyond CLNR or Klin Malaysia’s reasonable control.

CLNR or Klin Malaysia shall not be liable for any indirect or consequential losses under the Terms and Conditions or the use of our Sites.

SECTION 13. Termination

CLNR or Klin Malaysia reserves the right to upgrade, modify, suspend or discontinue the provision of or remove, whether wholly or partly, the Platform, from time to time and without giving any reason or prior notice. You agree that CLNR or Klin Malaysia shall not be liable to you or any third party if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Platform and/or the services and features contained in the Platform.

You agree and acknowledge that CLNR or Klin Malaysia reserves the right in its absolute discretion and without notice at any time to restrict, suspend, or terminate your access to all or any part of our Sites, without assigning any reason whatsoever, including without limitation if you breach the Terms and Conditions. You agree that CLNR or Klin Malaysiay shall not be liable to you or any third party for any restriction, suspension or termination of your access to our Sites.
 

SECTION 14. Disputes and Liability

With respect to any dispute, claim, or controversy regarding our Sites, all rights and obligations and all actions contemplated by the Terms and Conditions shall be governed by the laws of Malaysia.

The courts of Malaysia shall have exclusive jurisdiction over any disputes arising out of the Terms and Conditions or the use of our Sites.
 

SECTION 15. Entire Agreement

You acknowledge and agree that this Terms of Use constitute the complete and exclusive agreement with CLNR or Klin Malaysia concerning your use of our Sites, and supersedes all prior proposals, agreements, or other communications.

SECTION 16. Miscellaneous

Nothing contained in this Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with CLNR or Klin Malaysia. CLNR or Klin Malaysia’s failure to require your performance of any provision hereof shall not affect its full right to require such performance at any time thereafter, nor shall CLNR or Klin Malaysia’s 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 this Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Terms of Use unenforceable or invalid as a whole but this Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.