Syarat dan Terma
Welcome to the MyMetroMall website ("Website"). By using the Web-site, including its related sites, services and tools, and any Linked Third Party Website, you agree to the following terms and conditions ("Terms and Conditions") with New Straits Times Press Bhd ("NSTP"). These Terms and Conditions apply to your access and use of this Website. Please take note that the Terms and Conditions are governed by the laws of Malaysia.
Before you continue to use this Website, you must read these Terms and Conditions carefully. You are also strongly advised to access and read linked information at the Website. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, please discontinue your access to this Website and/or use of the services contained in this Website immediately.
Please take note that you must not use our Website, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, services or tools.
1.1
All Products (defined below) and Services (defined below) contained in the Website are subject to the applicable terms and conditions governing the Products and/or Services. Please check the applicable terms and conditions of sale associated with the Products and/or Services you may purchase.
1.2
These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), Products and/or Services provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), Products and/or Services provided at this Website, the terms and conditions governing the relevant transaction(s), Products and/or Services as provided at this Website will prevail and apply to your access.
1.3
The information, material, functions and content provided in the pages of the Website may be changed from time to time with or without notice at NSTP’s absolute discretion. 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.
In the Terms including the Disclaimers, Privacy Policy and the Personal Data Collection Statement:
"Business day" means a day other than Saturdays, Sundays or public holidays in Malaysia. In the states where businesses are closed days other than Saturdays, Sundays and/or public holidays, "Business Day" shall be construed and interpreted accordingly;
"Claims" means all claims, liability, damages, losses, costs and expenses, including legal fees;
"Complaints Management Service" means the service which shall serve as a contact point with the Users to handle any complaints and queries operated by NSTP on behalf of the Merchants;
"Content" means the content on the Website or a Linked Third Party Website, as the case may be, including the information, text, icons, logos, illustrations, hypertext links, HTML codes, data, trade or service marks, software, music, sound, video clips, audio clips, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not), digital downloads, advertisements, products, goods, services or any compilation or combination of them and any other materials or services on or available from that website;
"Cookies" means small text files used to identify your computer and to store information about your use of the Website;
"Delivery Charges" means the charges imposed by NSTP for carrying out the Delivery Services and which shall be borne by the User and as set out at the page after booking for the Product has been made;
"Delivery Services" means the delivery services provided by NSTP in relation to any Product on offer at the Website;
"FAQs Section" means the part of the Website where NSTP sets out explanations to frequently asked questions relating to the Website and its usage;
"NSTP Product Terms" means the terms and conditions which apply (in addition to the Terms) to the purchase of the relevant NSTP Product and which are set out in the relevant Product Section;
The expressions "for example", "including", "include", "other", "otherwise" and "such as" are to be construed without limitation;
"Linked Third Party Website" means any website linked to or accessible by means of the Website;
"Member" means a User who has registered as a member of the Website;
"Membership Account" means a Member's Website account maintained with NSTP upon successful registration as a Member;
"Membership Terms" means the terms on which a User is registered as a member of the Website including these Terms;
"Merchant" means any person other than NSTP whose merchandise or products are mentioned, introduced or sold on or over the Website;
"Merchant Product" means a product offered for sale by a Merchant on or over the Website and identified as such in the relevant Product Section;
"Merchant Product Terms" means the terms and conditions which may apply (in addition to the Terms) to the purchase of any relevant Merchant Product and which are set out on the Website relating to the Product;
"Order" means an order for a Product including the Delivery Services placed by means of the Website;
"Person" means a natural person, firm, partnership, company, corporation, association, organisation, government, state, foundation and/or trust;
"Personal Data" means the personal data (as defined in the Personal Data Protection Act) of a User held by NSTP;
"Personal Data Collection Statement" means the privacy statement which appears on all occasions in which a User is asked to provide Personal Data;
"Personal Data Protection Act" means the Personal Data Protection Act (Act 709) of Malaysia;
"Personal Information" means the personal information that a User is required to submit upon registration as a Member and/or before placing an Order;
"Product" means any product which is set out on the Website including any NSTP Product and any Merchant Product;
"Product Information" means information on a Product set out on the Website;
"Privacy Policy" means the policies and procedures governing the use and retention of any Personal Information received by NSTP.
"Related Persons" means all and any officers, representatives, employees, agents, sub-contractors and suppliers of NSTP;
"Return & Refund Policy" means the return and refund policy which is set out on the Website and which a User is deemed to have read and accepted prior to placing an Order;
"Returned Product" means Product returned by a User to NSTP or the Merchant, as the case may be, of such Product in accordance with the Return & Refund Policy;
"Services" means the services provided by NSTP as set out on the Website;
"Service Information" means information relating to Services set out in the relevant section of the Website;
"Subscriber" means any person who has signed up to be a Member and has denoted his willingness to receive from time to time advertisements or notification on promotions or other electronic publication issued by NSTP. "Subscription" shall be construed accordingly;
"Terms" means these Terms and Conditions which shall also include:
(a)
the current prices for the Products and Delivery Services;
(b)
the Membership Terms, the NSTP Product Terms and/or the Merchant Product Terms (as the case may be);
(c)
the Privacy Policy and Personal Data Collection Statement;
(e)
the Copyright Statement.
"User" and "you" means the person accessing or using the Website or placing an Order;
"Website" means the website operated and administered by NSTP from the URL www.MyMetroMall.com.my as may be modified, replaced or substituted from time to time;
"Website Information" means all information posted on the Website including Product Information and Service Information;
"Working Day" means a day on which NSTP Berhad is open for business in Malaysia.
3.1
These terms, together with the other Terms, are the terms and conditions under which you are permitted to access and use the Website. Please read them carefully
3.2
If you are not able to enter into legally binding contracts, are under the age of 18, or if you do not agree to the Terms, you must not access or use the Website or Services, register as a Member, sign up as a Subscriber and/or place any Order.
3.3
To register as a Member or Subscriber or to place an Order, you must be at least 18 years old.
3.4
While using the Website, you must not contravene any laws, third party rights, or the Terms.
3.5
NSTP reserves the right to request you to provide your identity document including photocopies of your Malaysia identity card or passport, credit card, debit card or smart card used for payment of the Order, proof of address or any other relevant information or documents as may be specified by NSTP for the purposes of ascertaining that you are the rightful owner of the credit card, debit card or smart card used in the transaction and/or to verify your age and legal capacity.
3.6
NSTP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements. You are responsible for doing so.
3.7
If you do not agree to the Terms as they apply to your access and use of the Website from time to time you should stop accessing and using the Website, placing Orders and being a Subscriber.
3.8
You agree to indemnify NSTP and all Related Persons from and against all Claims arising out of any breach by you of the Terms or your access to and/or use of the Website including all Orders you place.
4.
Products and Delivery Services
4.1
No Merchant Products mentioned, introduced, or sold on or over the Website are offered or provided by NSTP.
4.2
You shall not place any reliance whatsoever on NSTP or any Related Persons regarding the accuracy or reliability of any of the information that may be accessed by means of the Website concerning the Merchant Products.
4.3
All representations, statements, descriptions, warranties, descriptions, details, specifications and/or write-ups which is contained in the Product Information have been provided exclusively by the respective Merchants and have not been independently verified by NSTP.
4.4
In addition, NSTP makes no representation or warranty for the authenticity of the Merchant Products and NSTP shall bear no responsibility for any infringement of any third party intellectual property rights by the Merchant Products or Merchants.
4.5
You are strongly encouraged to review the Product Information before proceeding with any transaction with the Merchants. NSTP and its Related Persons make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the Merchant Products.
4.6
NSTP and its Related Persons shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchant Products that are mentioned, introduced, or sold on or over the Website.
4.7
Other than for any contract for the purchase, acquisition or obtaining any NSTP Product, any contract for the purchase, acquisition or obtaining of any Merchant Product via the Website will be made between a User and the Merchant offering, providing or selling such Product. NSTP is not a party to these contracts and is simply providing a means by which business can be assisted and/or on-line payments made. In this regard, neither NSTP nor its Related Persons is acting or holding itself out as the agent of the Merchant or the User.
4.8
The User acknowledges that NSTP and its Related Persons shall not be held liable to the User and/or the nominated recipient of the Products for any non-delivery, delay in delivery, loss of or damage to the Products due to the breach by NSTP of any of its obligations in the provision of these delivery services other than under the prevailing standard terms and conditions of service issued from time to time by the delivery services provider.
4.9
NSTP shall endeavour to deliver any Merchant Product purchased by any User within seven (7) to fourteen (14) Business days after NSTP has collected the Product from the Merchant. In the case of any NSTP Product, NSTP shall endeavour to deliver such Product within seven (7) to ten (14) Business days of purchase.
4.10
The Delivery Services provided by NSTP may be modified, replaced or substituted by NSTP from time to time. Please read the special remarks under the Product information or refer to the relevant section of the FAQs for details.
5.1
The User will pay the Delivery Charges when an Order is placed through the Website.
5.2
The Delivery Charges imposed is not a fixed amount but will vary and depend on the weight and delivery destination.
6.
Registration as a Member
6.1
When you access the Website you will be asked if you wish to register as a Member with us. In registering as a Member you represent and undertake:
(a)
that you are at least 18 years old;
(b)
that it is true, accurate and up-to-date;
(c)
that it is your own Personal Information and not that of any other person; and
(d)
to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.
6.2
Upon registration as a member, you will be invited to become a Subscriber. By becoming a Subscriber, you agree to receive advertisements and/or notification on promotions from NSTP.
7.1
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NSTP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7.2
You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
7.3
You shall immediately notify NSTP if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
7.4
NSTP shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
7.5
You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
8.
Placing Orders (Members and non-Members)
8.1
If you have already registered as a Member, we will use your Personal Information, together with the other information we collect prior to the Order, to process your Order. If you have not registered as a Member we will also need to collect your Personal Information prior to your placing an Order. With regard to this Personal Information you represent and undertake:
(a)
that you are at least 18 years old;
(b)
that it is true, accurate and up-to-date;
(c)
that it is your own Personal Information and not that of any other person; and
(d)
to inform us immediately, by updating your Personal Information online, if there is any change in your Personal Information so that we can ensure this remains true, accurate and up-to-date.
8.2
In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your account and/or your Subscription and/or to refuse you any and all current or future access to and use of the Website (or any part thereof).
9.1
Prices for Products are set out in the relevant Product Section. However, NSTP cannot confirm the price of a particular Product until the Order is placed. Whilst we make reasonable commercial efforts to ensure that price information is correct and up-to-date, if it is not up-to-date or there is any mistake in that regard for whatever reason, including our having been supplied with incorrect information by any Merchant with regard to any Merchant Product, such that the correct price for such Product differs from the price shown on the Website, we shall:
(a)
if the correct price is lower than the shown price, charge you the lower price for any NSTP Product and procure that the Merchant charge you the lower price for any Merchant Product, (and in each case refund the excess to you as soon as possible without interest); or
(b)
if the correct price is higher than the shown price, be entitled, at our entire discretion, to either contact you to confirm your agreement to the correct price or cancel your Order and notify you of such cancellation.
9.2
If we cancel your Order, we will refund to you any amount paid to us as soon as possible without interest but this is the maximum extent of our liability to you in respect of that Order.
9.3
In any event we reserve the right to decline or cancel Orders, to decline to provide any Services, Products and/or Delivery Services or cancel any Membership Account in our absolute discretion at any time without giving any reason.
10.1
Payment for Orders may be made via:
(a)
credit card/debit card;
10.2
Payment via credit card/debit card
(a)
For credit card payment, please proceed to "Credit-card payment page".
10.3
Payment via direct debit
(a)
For debit card payment, please proceed to "Debit card payment page".
10.4
NSTP will only process an Order once payment has been received by NSTP. Notwithstanding the same, NSTP may process an Order if the relevant paying bank or financial institution or payment gateway of the User has approved for the payment under such Order.
11.1
If you use the Website to make payment, we will not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any:
(a)
failure, delay, interruption, suspension or restriction of the transmission of any information or message from any system or process used, maintained or provided by any relevant banks and/or Merchants for processing credit card, debit card or other method of online payment;
(b)
error in or omission from any information or message transmitted by means of the said system or process;
(c)
breakdown, malfunction or failure of the said system or process; and
(d)
anything arising out of or in connection with the above.
12.
Transmission and Processing of Orders
12.1
You acknowledge that the processing and transmission of Orders may involve:
(a)
the transmission of data over various communication networks; and
(b)
changes to such data in order to conform or adapt to the technical requirements of connecting networks or devices.
12.2
NSTP shall, accordingly, in no circumstances, be liable for your or NSTP's inability to obtain (in whole or in part) any Services, Products or Delivery Services due to the delay or failure of any communication networks or the failure of any Merchant.
13.1
Our Complaint Management Service will receive any complaint you may have relating to an Order placed on the Website. Our Complaint Management Service will forward any complaint you may have for the relevant Merchant to respond and we will up-date you with any response upon receipt. In any event, the Complaint Management Service is provided without any obligation on the part of NSTP to liable for any loss or damage for the use by any and all Users of the Complaint and Management Service.
14.1
If you are not satisfied with any Product which you have purchased through the Website, please refer to the Return & Refund Policy. Please note that NSTP may revise its Return & Refund Policy from time to time.
15.1
The provision of certain Products may be subject to additional NSTP Product Terms or Merchant Product Terms, as the case may be. The terms will be made known to you upon your expressing an intention to order the Product. These additional NSTP Product Terms or Merchant Product Terms, as the case may be, are incorporated by reference into the Terms.
16.
Modification of Services
16.1
NSTP reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or remove any Product mentioned, introduced, or sold on or over the Website with or without notice. You agree that NSTP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
17.
Limitation of Liability
17.1
Notwithstanding anything herein contained, NSTP's liability to any User for any Merchant Product is limited to the amount of the Delivery Charges paid by any User for such Merchant Product and for any Merchant Product is limited to the amount of the price paid by any User for such NSTP Product.
18.
Conflict between Terms
18.1
If there is any conflict or ambiguity between any provision contained in the Terms (excluding those at (a) and (b) below) and
(b)
any provision in the NSTP Product Terms or the Merchant Product Terms, as the case may be, the provision in the Terms (excluding those at (a) and (b) above) shall take precedence.
19.1
Each User undertakes to NSTP to comply with all laws, statutes and regulations whether applicable in Malaysia or elsewhere which applies to that User's access to or use of the Website and/or any transactions conducted by means of the Website including the placement and fulfillment of Orders.
20.1
The Terms set out the entire agreement between Users, Members, or Subscribers (as the case may be) and NSTP relating to the Services and shall supersede any and all prior representations, warranties and undertakings in respect of the Services.
20.2
You acknowledge and agree that in agreeing to the Terms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking of any person other than as expressly set out in the Terms.
21.1
NSTP is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements.
22.1
All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
23.1
All Products up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any products and/or services on this Website are subject to acceptance by us or the Merchants, as the case may be.
24.1
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 by NSTP, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.
24.2
NSTP makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.
25.1
NSTP reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, the NSTP may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of NSTP, of any other user(s), or of any third party (ies).
26.1
The failure of NSTP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
27.
Modification, And Severability
27.1
NSTP reserves the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
28.1
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
29.
Collection and Use of Personal Information
29.1
In the event that you consent to such use of your Personal Data, NSTP will collect, store, compile and utilize information about you and your use of the Website including without limitation, information regarding the sites you visit, that you provide to NSTP's questionnaires, surveys and registration forms.
29.2
If so authorized and subject to , NSTP may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organisations and others that NSTP may select.
PRIVACY POLICY
1.1
Except for the purpose of performance of an Order made by a User or in performance of any obligation imposed on NSTP by law, NSTP shall not process a User’s Personal Data unless such User has given his consent to the processing of the Personal Data.
2.
Notification and Choice Principles
2.1
In the event that NSTP wishes to collect and process the User’s Personal Data other than for the purpose of performance of an Order made by a User or in performance of any obligation imposed on NSTP by law, NSTP shall by written notice inform a User—
(a)
that Personal Data of the User is being processed by NSTP, and shall provide a description of the personal data to that data subject;
(b)
the purposes for which the Personal Data is being or is to be collected and further processed;
(c)
in the event that Personal Data of the User is collected from a 3rdparty, of any information available to NSTP as to the source of such Personal Data;
(d)
of the User’s right to request access to and to request correction of the Personal Data and how to contact the data user with any inquiries or complaints in respect of the personal data;
(e)
of the class of third parties to whom the NSTP discloses or may disclose the Personal Data;
(f)
of the choices and means for limiting the processing of the User’s Personal Data, including Personal Data relating to other persons who may be identified from that User’s Personal Data;
(g)
whether it is obligatory or voluntary for the User to supply the Personal Data; and
2.2
In the event that it is obligatory for the User to supply the personal data, NSTP will inform the User of the consequences for the data subject if he fails to supply the Personal Data.
2.3
It shall be the User’s right to revoke his consent to his Personal Data being processed.
3.
Security of Personal Data
3.1
NSTP shall, when processing a User’s Personal Data, take practical steps to protect the Personal Data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction by having regard:
(a)
to the nature of the Personal Data and the harm that would result from such loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction;
(b)
to the place or location where the personal data is stored;
(c)
to any security measures incorporated into any equipment in which the Personal Data is stored;
3.2
NSTP will use its reasonable endeavours to ensure the reliability, integrity and competence of such personnel having access to the Personal Data of a User; and
3.3
In addition, NSTP will implement such measures reasonably necessary to ensure the secure transfer of Personal Data of Users.
4.
Retention of a User’s Personal Data
4.1
Any Personal Data processed by NSTP for any purpose shall not be kept longer than is necessary for the fulfillment of that purpose and in accordance with the laws of Malaysia.
5.1
Any User may request for access to his Personal Data held by NSTP and upon being given such access, be entitled to correct such Personal Data in the event of any inaccurate, incomplete, misleading or outdated Personal Data.
5.2
A request for access and/or to correct Personal Data by a User may be refused by NSTP in such cases as allowed under the Personal Data Protection Act.
DISCLAIMERS
Disclaimer of Warranties and Limitation of Liability
Welcome to the MyMetroMall website ("Website"). By using the Web-site, including its related sites, services and tools, and any Linked Third Party Website, you agree to the following terms and conditions ("Terms and Conditions") with NSTP Berhad ("NSTP"). These Terms and Conditions apply to your access and use of this Website. Please take note that the Terms and Conditions are governed by the laws of Malaysia.
Before you continue to use this Website, you must read these Terms and Conditions carefully. You are also strongly advised to access and read linked information at the Website. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, please discontinue your access to this Website and/or use of the services contained in this Website immediately.
Please take note that you must not use our Website, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, services or tools.
1.1
The Website is provided by NSTP on an "as is" and "as available" basis. NSTP does not warrant that the operation of the Website will be uninterrupted or error free. NSTP disclaims to the fullest extent permissible by law, all representations and warranties, express or implied, in relation to or in connection with the Website, any Services, Products, Delivery Services, Order and other transaction conducted by means of the Website. NSTP does not represent or warrant that the Website is suitable for any particular purpose or that it will meet any particular requirements.
1.2
The Content of the Website may contain technical inaccuracies or typographical errors. Users agree that the use of the Website is at their sole risk.
1.3
NSTP does not represent or warrant that the Website or the server from or by or through which it is made available, or e-mails sent from NSTP to Users, are free of viruses, trojans or other harmful components. Neither NSTP nor any Related Persons will be liable for loss or damage arising out of or in connection with the use of the Website or its Content. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and Claims of third parties.
2.
Linked Third Party Websites
2.1
The Website may contain hyperlinks to allow Users to access third party websites, which are not maintained or controlled by NSTP. NSTP does not review, endorse or recommend, and is not responsible for, any Linked Third Party Website. Such links are provided only as a convenience to Users. NSTP is not liable for the Content of any Linked Third Party Website or for any Claims arising out of or in connection with the use or operation of any Linked Third Party Website.
3.1
Website Information is for reference only. Whilst NSTP endeavors to ensure the accuracy of Website Information, NSTP gives no express or implied representation or warranty as to its accuracy, completeness or suitability for any purpose thereof.
3.2
All liability of NSTP howsoever arising from any inaccuracies, incompleteness or unsuitability in Website Information is expressly excluded to the fullest extent permitted by law.
3.3
NSTP is entitled to delete, suspend or edit any Website Information at any time at its absolute discretion without giving any reason or notice.
3.4
Users are responsible for making their own assessment of Website Information and Content. Users are advised to verify such Information and may wish to obtain independent advice before acting on it.
4.1
All representations, statements, descriptions, warranties, descriptions, details, specifications and/or write-ups which are contained in the Product Information relating to Merchant Products have been provided exclusively by the respective Merchants and have not been independently verified by NSTP.
4.2
NSTP does not represent or warrant that Product Information is accurate, complete, reliable, current, or error-free and NSTP accepts no liability to you in that regard.
5.
Exclusion of Certain Categories of Loss
5.1
Neither NSTP nor any Related Persons will be liable to you for any Claim to the extent that the same is or can be characterized as a Claim for (or arising from):
(a)
any economic loss (including, loss of business opportunity, goodwill, contracts, revenue, profit or anticipated savings);
(b)
loss of goodwill or injury to reputation;
(c)
indirect, special or consequential loss or damage; or
regardless of the form of action, whether in contract, strict liability, tort (including negligence) or otherwise, and regardless of whether NSTP or the Related Persons knew or had reason to know of the possibility of the loss, injury or damage in question.
COPYRIGHT STATEMENT
Ownership and right to use the Content on the Website is protected by copyright.
Users acknowledge and agree that:
(a)
the Content on the Website is owned by NSTP or its licensors; and
(b)
the compilation of Content on the Website is owned by NSTP.
Users are permitted to use the Content on the Website for personal non-commercial use only. No part of the Content on the Website may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without NSTP's prior written consent.
Content on the Website may be used, downloaded and copied only for the purpose of placing an Order and/or for a directly related personal purpose. Any other use, download, reproduction, modification, publication, performance, distribution or transmission of the Content on the Website or the creation of derivative works from or the sale or exploitation in any way of such Content is strictly prohibited.
The NSTP names and logos "NSTP Berhad", "MyMetroMall.com.my" are trademarks of NSTP. No trademarks, logos and services marks displayed on the Website shall be used without the prior written consent of NSTP and/or other parties whose consent may be required.
Infringement
NSTP respects copyright law and expects its Users to do the same. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders' rights. As a condition of your access to the Website, you agree that you will not access or use or permit the Website to be accessed or used for infringing the intellectual property rights of others. Without prejudice to other accrued rights, NSTP reserves the right to terminate the registration of any Member or Subscriber upon notice of any infringement of the copyright or other intellectual property rights of others in connection with the access or use of the Website. NSTP will investigate any information it receives in relation to copyright infringement committed by any Member or Subscriber or User of the Website.
