Online Terms Of Use

These Online Terms of Use govern your access to and use of the web site(s) owned and controlled by Sino Mobile and Heavy Equipment Sdn Bhd ("SMHE"), including its subsidiaries, related corporations and affiliates (together referred to as "SMHE Group"), which link to these Online Terms of Use (together referred to as "SMHE Web Sites"). These Online Terms of Use do not apply to third-party web sites to which SMHE Web Sites may link to save as otherwise provided herein.

Your access to and use of the SMHE Web Sites is subject to these Online Terms of Use and the Privacy Policy. By accessing or using SMHE Web Sites, you are deemed to have read, understand, and agree to be bound by these Online Terms of Use. If you disagree to be bound by these Online Terms of Use, your sole remedy is to discontinue assessing or using the SMHE Web Sites. SMHE reserves the right to amend these Online Terms of Use at SMHE’s sole and absolute discretion. If SMHE amends these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes with the effective amendment date stated at the top of these Online Terms of Use.

DISCLAIMERS

You acknowledge and agree that:

1.Although SMHE Group strives to provide the latest developments relating to SMHE Group’s products and services and other information about SMHE Group on these SMHE Web Sites, the information on these SMHE Web Sites are presented "AS IS" and may include technical inaccuracies or typographical errors. SMHE Group does not warrant the accuracy, effectiveness, timeliness and suitability of any information contained in these SMHE Web Sites and you shall assume full responsibility and all risks arising from and out of your use and reliance of the information found on these SMHE Web Sites. SMHE Group suggests that you seek independent professional advice before making any decision based on the information on the SMHE Web Sites.

2.SMHE reserves the right to make additions, deletions, or modifications to the information contained on SMHE Web Sites at any time and from time to time without any prior notification or liability to you.

3.SMHE GROUP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON SMHE WEB SITES. SMHE GROUP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL SMHE GROUP BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF SMHE WEB SITES, AND/OR THE INFORMATION OR CONTENT POSTED ON SMHE WEB SITES, REGARDLESS OF WHETHER SMHE GROUP HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

4.SMHE Group shall not be responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on SMHE Web Sites, SMHE Group will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on SMHE Web Sites. Any information or content from third parties or from third-party sites are not endorsed by SMHE Group and you shall assume full responsibility and all risks arising from and out of your use and reliance of such information and content.

YOUR USE

You understand, acknowledge, and agree to the following:

1.By accessing or using SMHE Web Sites, you agree not to disrupt or intercept our electronic information posted on SMHE Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of SMHE Web Sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

2.Except as expressly stated and agreed upon in advance by SMHE Group, no legal relationship shall be established in the event that any user of SMHE Web Sites should make any oral, written or electronic communication to SMHE Group (such as feedback, questions, comments, suggestions, ideas, etc.).

3.If any SMHE Web Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number and/or email address), SMHE Group shall obtain, use, process and maintain such personal information in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential and SMHE Group shall be free to reproduce, publish, translate, distribute or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to SMHE Group is fully responsible for its content, including its truthfulness, accuracy, completeness and its non-infringement of any other person's proprietary or privacy rights.

4.You shall hold SMHE Group including our respective directors, officers, managers, shareholders, employees, agents or contractors harmless and indemnify SMHE Group including our respective directors, officers, managers, shareholders, employees, agents or contractors from any claims from third party arising from and out of your breach of these Online Terms of Use.

INTELLECTUAL PROPERTY

The domain name, information, specifications, documents, designs and graphics published in SMHE Web Sites (the "Information") are the sole property of SMHE Group and are protected by copyright and trademark laws of Malaysia, except for information provided by third-party providers under contract to SMHE Group. No Information shall be used, copied, reproduced, uploaded or distributed by you unless with SMHE Group’s prior written consent. SMHE Group is not responsible for information or content provided by third-party providers and you are prohibited from using, copying, reproducing, uploading or distributing such information or content without the consent of the owner of the information or content therein. There shall be no use of any SMHE Group’s trademarks, trade names, and trade dresses in SMHE Web Sites without the prior written consent of SMHE Group. Except as consented above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of SMHE Group.

PRIVACY AND SECURITY

SMHE Group is committed to safeguarding your privacy online as we understand the importance of privacy to our customers and visitors to SMHE Web Sites. The processing of personal data is governed by our Privacy Policy and by accessing or using SMHE Web Sites and providing SMHE Group your personal data, you agree to be bound by our Privacy Policy. While SMHE Group has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, SMHE GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU EVEN IF SMHE GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMHE GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS DO NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION OR DATA PROVIDED SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DO NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please take note that there are sections of these SMHE Web Sites that are restricted to certain authorized users only. These sections are subject to additional terms of use contained therein and accessible by entering a user name and password. If you are an authorized user, you are fully responsible for maintaining, safekeeping and securing the confidentiality of your username and password.

LIMITATION OF LIABILITY

SMHE Group does not assume any liability for the content, materials, information and opinions provided on, posted to, or otherwise available through SMHE Web Sites. Reliance on these materials, information and opinions is solely at your own risk. SMHE Group and our directors, officers, managers, shareholders, employees, agents or contractors disclaim any liability for injury or damages resulting from the use or reliance of SMHE Web Sites, or the content, materials, information and opinions contained thereon.

IN NO EVENT SHALL SMHE GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SMHE WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SMHE WEB SITES OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SMHE WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY SMHE GROUP AND WHETHER OR NOT SMHE GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to SMHE Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO SMHE WEB SITES.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.

These Online Terms of Use shall be governed by the laws of Malaysia notwithstanding that it is or may be assessible in or viewed in any other jurisdiction.