TERMS OF USE
1. Introduction
1.1 Access to and use of this website and the products and services available through this website are subject to the following Terms of Use.
The words ‘we’, ‘us’ and ‘KVC’ mean KVC Industrial Supplies Sdn Bhd. The term 'you' and 'your' refer to customers and public.
2. Acknowledgement & acceptance of Terms of Use
2.1 Please read these Terms of Use carefully before you use this website. By using this website, you expressly agree to be bound by these terms
as they now are or as amended or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after
having read these Terms of Use and you do not agree with them you shall immediately stop accessing and using this website.
3. Changes of Terms of Use
3.1 The information, materials and contents provided in this website including but not limited to the Terms of Use may be changed from time to
time with or without notice at our absolute discretion.
3.2 Any changes to the information, materials and contents provided in this website shall be effective immediately upon display on this website.
Your use of this website after such display will be deemed acceptance of such changes. Therefore, you shall review these Terms of Use
periodically to ensure familiarity with its most current version.
4. Disclaimer and Limitation of Liability
4.1 The information, materials and services contained on this website are provided to you on a "as is", and "as available" basis. We do not
warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any
liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. KVC shall endeavor its best
but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this website, and such
information including information on pricing and availability of goods may be changed, amended or updated without notice.
4.2 In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this site is free form
destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or
make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
4.3 Further, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary
or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost
goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with
i) use of this website, or inability to see, access or use this website by any party; or
ii) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
iii) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or
representatives are advised of the possibility or likelihood of such damages, losses or expenses.
4.4 The materials, information and services provided in this website shall not under any circumstances be considered or construed as an offer to
sell.
5. Copyright
5.1 Unless otherwise indicated, all copyright in the website design, contents, text, images and graphics belongs to KVC. All Rights are reserved.
Unless permitted by KVC, none of the contents or materials may be copied, downloaded, displayed, posted, transmitted used or reproduced in
whole or part in any form or by any means for any purposes.
5.2 You shall not, without the KVC’s expressed prior written consent, insert a link to this website on any other website, frame or "mirror" any
material contained on this website on any other server.
5.3 Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of the KVC’s website may be in
breach of statutory or common law rights which could be the subject of legal action.
5.4 We disclaim all liability which may arise from any unauthorised reproduction or use of the contents of this KVC's website.
6. Trademarks
6.1 Unless otherwise indicated, all trade names, domain names, brand names, trade symbols, logos, trade marks and services marks are the property
of KVC and/or their respective third party proprietors as identified in this website.
6.2 Unless the prior written consent of KVC or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on
this website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or
modify such trademarks, services marks or logos. Similarly, unless the prior written consent of KVC or the relevant proprietor has been
obtained, no such trademark, service mark or logo may be used as a link or to mark any link to this website or any other site.
7. Links
7.1 Links from or to websites (if any) outside this website are meant for convenience only. Such linked websites are owned and operated by third
party and as such are not under our control. Therefore, we shall not be responsible and make no warranties in respect of the contents of
those websites, the third parties named therein or their products and services.
7.2 The provision of the links shall not be considered an endorsement or verification or approval of such linked websites or the contents
therein. By utilising these links, you acknowledged and agreed that we are not responsible for the actions, contents, accuracy, privacy,
policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledged and agreed
that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites.
7.3 It is advisable for you to read the privacy policy statements (if any) of any websites which are linked to this website. Should you have
any questions regarding these sites, you should address them directly with the relevant site administrator.
8. No Unlawful or Prohibited Use
8.1 While using this website, you shall comply with all applicable laws, statutes, ordinance and regulations regarding your purchase of our
Goods or use of our service and any related activities. In addition, you warrant that you will not use this website for any purposes that
are unlawful or prohibited in law or by these terms, conditions and notices, amongst others, are as follows:-
i) Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harrassing, tortious,
defamatory, vulgar, obscene, libelous, invasive if anothers' privacy, hateful, or racially, ethnically or otherwise objectionable.
ii) Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
equipment.
iii) Not to collect or store personal data about other users.
iv) Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements,
procedures, policies or regulations of the networks connected to the service.
9. Submissions
9.1 Any material, information or ideas you transmit or post on this website by any means will be treated as non-confidential and non-proprietary,
and may be disseminated or used by KVC or its related and affiliated companies for any purposes whatsoever including but not limited to
reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the
foregoing, all personal data provided to KVC will be handled in accordance with KVC’s privacy policy as set out in Clause 11 herein.
KVC have no responsibility to respond to messages posted at this website.
10. Security
10.1 KVC is committed to ensuring that all transactions performed through this website are secure, safe and confidential. For this purpose, we
enforce privacy policy as stated in Clause 11 to ensure the highest security standards and confidentiality.
10.2 To access this website and place an order, you will be required to use a username and password which will only be known to you. As long as
you keep this password secret, you can be assured that the systems and procedures are in place to protect your information. To prevent
password guessing, there is a fixed number of retries allowed. Inactive sessions are also timed out to prevent unauthorised use in case you
accidentally leave the session logged on after you have finished your transactions.
10.3 When you place orders on this website, your transactions are encrypted using Secure Sockets Layer (SSL) encryption technology. Encryption
scrambles the information transmitted across the Internet, including names and address. SSL also verifies the identity of the server and
confirms that the original message arrives safely at its destination.
11. Privacy Policy
We are committed to safeguarding your privacy and will not disclose to third parties outside the KVC organization. Our privacy policy is
detailed below and we suggest that you read it thoroughly. This policy may change from time to time and all changes will be posted here on
this website. When so posted, they shall become effective immediately. It is your duty to monitor the changes posted.
11.1 Collection of your information
Certain information of the Customer is required to be submitted to KVC by the Customer to enable KVC to process the Customer's application to
be registered as a customer. Generally, the nature of information that is required includes but shall not be limited to information such as
company's name, address, e-mail address, telephone number, the names and particulars of the authorized officers, directors, shareholders and
such other information as KVC shall require from time to time.
11.2 Use of your information
The information of the Customer will be used to the normal course of the general business between KVC and its Customer. The said information
may also be applied for other incidental and related purposes including but not limited to research and statistical analysis and marketing.
In terms of marketing, from time to time we may send you the promotional and marketing materials about product offers or new website features.
11.3 Handling of your information
KVC maintains stringent procedures authorizing only such employees as are relevant or required to access the Customer's information on a
need-to-know basis. The KVC's employees have been educated on the Customer's right to privacy and confidentiality. Any breach by the employee
of the KVC's policies would subject the employee to such disciplinary action as KVC may consider appropriate.
11.4 Sharing of your information
Unless otherwise specified or required by law or unless it is necessary for the purposes of performing services with respect to your use of
this website, we will not share your personal information with third parties. Notwithstanding the foregoing, when necessary, your personal
information may be divulged by KVC to KVC's agents or representatives or employees or contractors for the purpose of performing services for
KVC. These agents or contractors will be prohibited from utilizing this information in any way other than to provide the services contracted
for by KVC.
12. Indemnity
12.1 By using this website, you hereby irrevocably and unconditionally agree to indemnify and keep us indemnified from all liabilities, claims,
losses and expenses, including but not limited to any legal fees that may be incurred by KVC in connection with or arising from (1) your use
or misuse of this website and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any
intellectual property right or proprietary right infringement claim made by a third party against KVC in connection with your use of this
website.
13. Registration Obligation
13.1 Before you can use of this website, you are required to register as customer. In doing so, you shall:-
i) provide true, accurate, current and complete information about yourself as prompted by the registration form; and
ii) maintain and promptly update the registration data to keep it true, accurate, current & complete.
13.2 Upon registration, you are allowed to log on to the password protected areas of this website by using your username and password created by
you. You shall maintain the confidentiality of the username and password (“Identifiers”) and shall immediately notify KVC of any unauthorized
use of these Identifiers or any other breach of security. You are fully responsible for all activities that occur under these Identifiers. KVC
is not responsible for any misuse of your account by someone who uses your Identifiers.
14. Termination
14.1 KVC may, at any time and for any reason, terminate or suspend your access to and/or use of this website without any prior notice. In
particular, without limitation, KVC may terminate or suspend your access to this website if KVC believes that you have violated these Terms
of Use or acted inconsistently with the letter or spirit of these Terms of Use.
15. Cookies
15.1 A cookie is a small text file that your web browser stores in your computer. KVC may use cookies to identify you when you return to this
website and help us to customize your web experience in order to provide you with the better user experience.
15.2 Our cookies are safe and do not collect your name, address or product information contained within the cookies itself. The cookie simply
holds the 'key' that once read by our website, it will unlock your information.
15.3 Most web browsers automatically accept cookies. However, you can disable cookies on your computer or have your browser notify you when you
receive a new cookie by indicating this in the preferences or options menu in your browser.
16. Arbitration
16.1 Any dispute arising in connection with these Terms of Use or in connection with the use of this website which cannot be resolved by good
faith negotiations shall be referred to mediation or to arbitration.
17. Governing Law
17.1 These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. By accessing and using this website and/or
purchasing the products or using the services provided herein by KVC, you hereby consent to the exclusive jurisdiction of the Malaysian
courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.
18. Waiver
18.1 The failure or indulgence of KVC to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver
of such right or provision.
19. Severability
19.1 In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity
or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable
term(s) or provision(s) had never existed.
