Terms & Conditions

 

1.         IMPORTANT NOTICE

Please read these terms and conditions carefully. By accessing this website, you irrevocably and unconditionally accept and agree to be bound by the following terms and conditions.

If you do not accept these terms and conditions, please do not access this website. By continuing to use the website you agree to be bound by these terms and conditions.

2.         PERSONAL DATA PROTECTION

Use of the personal data that you provide us or which is collected by us on our website is governed by our Personal Data Protection Notice By using our website, you consent to such processing.

3.         ADVERTISERS AND KLUANG MALL’S TENANTS

Your correspondence or business dealings with, or participation in promotions of, advertisers and our Kluang Mall's tenants found on or through the website and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or our Kluang Mall's tenants.

While every care is taken to ensure that the information displayed on this website is correct and up to date, no warranty or representation is given as to its quality, accuracy or completeness, particularly with regard to job vacancies, sales information and store and product availability and promotion.

Kluang Mall shall not be liable for the unavailability of products and promotions by advertisers and our Kluang Mall's tenants due to any reasons including but not limited to unforeseen circumstances, excess demand and limited stock.

You agree that Kluang Mall shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or our Kluang Mall's tenants on the website. All of your business dealings with advertisers or our Kluang Mall's tenants appearing on the website shall be at your sole risk.

As a result, you should not rely on this information and Kluang Mall recommends that you take further advice or seek further guidance before taking any action based on the information contained on the website. Kluang Mall's liability to you as explained above remains unaffected by this.

4.         UNLAWFUL OR PROHIBITED USES

As a condition of your use of this website, you warrant to Kluang Mall that you will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. Whether on behalf of yourself or on behalf of any third party, you shall not:

(a)       Make any commercial use of the website or its content, including making any collection or use of any product listings, descriptions, prices, or images;

(b)       download, copy, or transmit any content for the benefit of any other merchant;

(c)       use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the website other than the search engine and search agents provided by Kluang Mall or generally publicly available browsers;

(d)       frame, mirror, or use framing techniques on any part of the website without Kluang Mall's express prior written consent;

(e)       conduct fraudulent activities on the website;

(f)        violate or attempt to violate the security of the website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the website, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the website (impersonating Kluang Mall's website) or to the website (impersonating another user);

(g)       send unsolicited or unauthorized email on behalf of Kluang Mall, including promotions and/or advertising of products or services;

(h)       tamper with the website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the website or any activity being conducted on the website;

(i)         use the website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;

(j)         restrict or inhibit any other person from using the website (including, without limitation, by hacking or defacing any portion of the website);

(k)        use the website to advertise or offer to sell or buy any goods or services without Kluang Mall 's express prior written consent;

(l)         reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the website;

(m)      modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website; and/or

(n)       remove any copyright, trademark, or other proprietary rights notice from the website or materials originating from the website.

5.         LIMITATION OF LIABILITY

The information and materials contained in or accessed through this website are provided on an "as is" and "as available" basis, and subject expressly to these terms and conditions.

While every care is taken to ensure that the information displayed on this site is correct and up to date, Kluang Mall does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability for any errors in, or omissions from, such information and materials.

No warranty of any kind, implied, express or statutory, including but not limited to, warranties of title, satisfactory quality, merchantability, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with such information and materials, or this website in general.

Under no circumstances shall Kluang Mall be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and/or using the online services even if Kluang Mall had been advised as to the possibility.

Your access to and/or use of this website is entirely at your own risk and subject to the terms and conditions and/or use contained herein. In no event shall Kluang Mall be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, aggravated, punitive or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this website, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if Kluang Mall had been advised as to the possibility of such damages.


As a result, you should not rely on the information, and Kluang Mall recommends that you take further advice or seek further guidance before taking any action based on the information contained on the website. Kluang Mall's liability to you as explained above remains unaffected by this.

6.         INTELLECTUAL PROPERTY

Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this website (including, but not limited to, all design, text, sound recordings, images, video, audio and graphics or links) are the property of Kluang Mall. As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of Kluang Mall. Except with Kluang Mall 's prior written consent, you may not insert a hyperlink to this website or any part thereof on any other website or "mirror" or frame this website, any part thereof, or any information or materials contained in this website on any other server, website or webpage.

All trademarks, service marks and logos used in this website are the property of Kluang Mall and/or the respective third party proprietors identified in this website. No licence or right is granted and your access to this website and/or use of the online services should not be construed in any way as a grant or permission by us of any license or right to use any trademarks, service marks or logos appearing on the website without the prior written consent of Kluang Mall or the relevant third party proprietor thereof. Except with Kluang Mall's prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any other site.

Subject to the above clause, permission is granted to electronically copy and/or print hard copies of pages from this website solely for personal and non-commercial purposes only. Any other use of this website or the content is strictly prohibited, unless the written permission of Kluang Mall is first obtained in writing.

7.         INDEMNITY

By accessing the website, you automatically agree to indemnify, defend and hold harmless Kluang Mall and/or their respective officers, directors, employees, agents, licensors, suppliers, and/or affiliates from and against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach or non compliance whatsoever of any one or more of the terms and conditions of the website, (including negligent or wrongful conduct) by you.

8.         HYPERLINKING

For your convenience, Kluang Mall 's website may include hyperlinks to websites on the internet that are owned or operated by third parties or may contain special offers made by third parties and/or links to other sites owned and operated by third parties and not maintained by Kluang Mall.

Such linked websites are not under the control of Kluang Mall and Kluang Mall cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website.

Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by Kluang Mall. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions and/or use contained in the third parties websites.

9.         MODIFICATION

Kluang Mall reserves the right in its discretion to revise and amend, without prior warning or notice any information or material contained on this website and the terms and conditions under which this website is accessed or used. 

10.       RISKS

Due to the nature of the internet, you must acknowledge and accept the risks of the possibility of:

(a)       unauthorised copying, amendment, recording or reading of or interference with messages or this website by third parties;

(b)       delay in or inability to access or use this website due to any hardware, software, system or connection failure, error, omission, interruption, delay in transmission or computer virus; and

(c)       loss of data or information that may occur due to any cause whatsoever, including any failure of any electrical, electronic, computer, microprocessor, recording or communication system of Kluang Mall or any other party, and you release Kluang Mall from any claim which you may have as a result of your assuming such risks. 

11.       GOVERNING LAW AND JURISDICTION

By accessing this website and/or using the online services, you agree that such access and/or use, as well as these terms and conditions shall be governed by, and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.

Nothing herein shall be construed as a representation by Kluang Mall that the information and materials contained in or accessed through this website is appropriate or available for use in any geographic territories or jurisdictions other than Malaysia.

12.       MISCELLANEOUS 

If any provision of these terms and conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Kluang Mall's failure to act with respect to any failure by you or others to comply with these terms and conditions do not waive Kluang Mall's right to act with respect to subsequent or similar failures. These terms and conditions, together with the Personal Data Protection Notice, set forth the entire understanding and agreement between you and Kluang Mall with respect to the subject matter hereof.

Nothing in this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between Kluang Mall and you in relation to your visit and use of the website. If you enter into a contract with a third party who is named or referred to on this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

Kluang Mall reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions or special terms or rules set forth on the website, including without limitation the right to block access from a particular internet address.

Any rights not expressly granted herein are reserved.

13.       SOCIAL MEDIA WEBSITES OWN BY THIRD PARTIES

We invite you to “like” Kluang Mall on Facebook, "follow" Kluang Mall on Instagram, "fan" Kluang Mall on Vimeo or connect with Kluang Mall on other social media platforms. On our pages, you can learn about upcoming events, see photos, and have discussions with others who like Kluang Mall. When you visit our Facebook, Instagram and Vimeo, please keep the following guidelines in mind:

(a)       We encourage you to participate in existing discussions and to start new discussions with other Kluang Mall fans. Please be polite, even if you disagree with things that have been posted. Personal attacks, offensive remarks, and foul language are not appropriate.

(b)       We encourage you to contribute relevant comments to the discussion. Postings that are off-topic or consist of spam or promotional postings may be removed.

(c)       All postings on the Kluang Mall wall and in the discussions area should be made by actual identifiable people. Postings from obviously fake or anonymous profiles may be deleted.

4.         Kluang Mall is not liable for anything posted on the Kluang Mall Facebook, Instagram and Vimeo page by a third party. When you access our Facebook, Instagram and Vimeo page, you do so at your own risk.

5.         Kluang Mall reserves the right to remove any user-generated content from its Facebook, Instagram and Vimeo page for any reason.
 

14.       CONTACT US

We encourage anyone with comments or questions about Kluang Mall and/or this website to call us at 07-7761240 or email us at info@kluangmall.com