These Terms of Use (“Terms”) govern your access to and use of the website operated by Everts (Malaysia) Sdn. Bhd. (“Everts,” “we,” “us,” or “our”), a balloon manufacturer, located at everts.com.my (the “Site”). By accessing or using the Site, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site.
1. Acceptance of Terms
By accessing and using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. These Terms apply to all visitors, users, and others who access or use the Site. Your continued use of the Site after any modifications to these Terms will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the modified Terms.
2. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
3. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for information about how we collect, use, and disclose your personal information.
4. Intellectual Property Rights
The Site and its original content, features, and functionality are and will remain the exclusive property of Everts (Malaysia) Sdn. Bhd. and its licensors. The Site is protected by copyright, trademark, and other laws of both Malaysia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Everts.
5. User Conduct
As a user of the Site, you agree not to:
•Use the Site in any way that violates any applicable national, federal, state, local, or international law or regulation.
•Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Everts or users of the Site or expose them to liability.
•Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
•Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
•Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
•Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
6. Disclaimers
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Everts (Malaysia) Sdn. Bhd. does not warrant that a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
7. Limitation of Liability
In no event shall Everts (Malaysia) Sdn. Bhd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Everts (Malaysia) Sdn Bhd
103-107 Jalan Usaha 6
Kawasan MIEL
Phase II Ayer Keroh
Industrial Estate
75450 Melaka
Malaysia
Tel: +60 6 251 3800
Email: sales@everts.com.my
