Terms of Service
ACCEPTANCE OF TERMS
Victormax operates an online service on the Internet located at https://www.victormax.com.my and other online areas owned and operated by us such as Facebook (“Victormax” or the “Site”), offering entrance solutions.
Conditional Use Of Our Site And Services
Your permission to use Victormax is conditioned upon your agreement that you:
- will comply with these Terms of Service;
- are 13 years of age or older, but are 18 years of age or older to purchase any product;
- will not copy or distribute any part of Victormax in any medium without Victormax’s prior written authorization;
- will provide accurate information when creating an account or registering for our Services are solely responsible for your User ID and the activity that occurs while signed in to or while using Victormax using your User ID;
- will not use Victormax to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on Victormax for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Victormax to use any and all Content submitted by you to Victormax in accordance with the licenses granted in this Agreement;
- hereby grant each Victormax user, whether using Victormax or an application authorized by Victormax but developed via a third-party developer, a non-exclusive license to access the Content you submit through Victormax and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Victormax’s functionality and under these Terms of Service;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Victormax;
- and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
(i) you are at least 18 years of age;
(ii) you are using your actual identity;
(iii) you have provided only true, accurate, current and complete information; and
(iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
Non-Confidentiality And Security
Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be freely used by Victormax. Other information such as your credit card details in relation to the purchase of a product will be dealt with using appropriate security and privacy protection.
Rules Regarding Information And Other Content
Information and materials that you submit to the Site constitute Victormax’s “Content”. You are fully responsible for the content of, and any harm resulting from, that Content. This is the case regardless of the form of said Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- and the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not false, defamatory, discriminatory, libelous or unlawful
Without limiting any of those representations or warranties, Victormax has the right (though not the obligation) to (i) refuse or remove any content that, in Victormax’s reasonable opinion, violates any Victormax policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, using Victormax’s sole discretion. Victormax will have no obligation to provide a refund of any amounts previously paid.
General Rules Of User Conduct
We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any of the following:
- impersonate another user;
- violate in any way the rights of others;
- upload or distribute anything that may be harmful to minors;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate unsolicited email advertisements or spam;
- attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights, or use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
Disclaimers Of Warranty
The Website is provided “as is”, “as available” and “with all faults”. Victormax and its Suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of supplier ability, fitness for a particular purpose and non-infringement. Neither Victormax nor its Suppliers and licensors, make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitations Of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF VICTORMAX. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless Victormax, its parent company, officers, directors, employees, and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Reservation Of Rights And Release
Victormax reserves the right, but has no obligation, to monitor, or take any action Victormax deems appropriate regarding disputes that you may have with other customers of ours or any Suppliers. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Suppliers.
The Victormax site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our web site is the exclusive property of Victormax and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the Victormax site as expressly authorized. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
As Victormax asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by victormax.com.my violates your copyright, you are encouraged to notify Victormax immediately. Victormax will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Victormax or others, Victormax may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Victormax will have no obligation to provide a refund of any amounts previously paid to Victormax.
When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.
Entire Agreement, Changes To This Agreement And Waivers
Governing Law And Dispute Resolution
The Site is controlled by Victormax from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia.
Notwithstanding the foregoing, you or Victormax may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You and any persons you represent (on the one hand) and Victormax and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Last updated: 01 July 2019