TERMS & CONDITIONS
TERMS AND CONDITIONS OF WEBSITE USE
Terms and conditions for using [ www.hovid.com/www.hoyanhor.com.my]
Please read these Terms carefully before using this Website. In proceeding to access or use this Website, you agree to be bound by the Terms and Conditions as set forth herein.
These Terms are in addition to any terms that may apply to Users under a sale agreement or terms, or other applicable agreements and terms. In particular, please note that sales of the Products are subject to separate terms of sale. Where this Site or part of this Site contains rules, guidelines, codes of conduct, further terms or other directions to Users, Users agree also to comply with such rules, guidelines, codes of conduct, terms and directions.
1. WEBSITE CONTENT
All Material is provided “as is” and for your general information only.
Neither Hovid nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Material found or offered on this Website for any particular purpose. You acknowledge that such information and Material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2. LINK TO AND FROM THE WEBSITE
This Website may contain links to other third party websites or documents. The inclusion of such links in this Website is for convenience only and does not imply endorsement or recommendation by Hovid of the other websites or any association with the operators of that site.
Hovid encourages discretion when browsing its or external websites and resources. Some websites may contain link to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to Users, collect data and/or solicit personal information. User’s visiting any of external websites via links from this site is entirely at User’s own risk.
If you like to link to the Website, please seek Hovid’s permission before doing so.
3. CHANGES TO SITE AND THESE TERMS
We may make improvements and/or changes in support, Products or site content at any time with or without notice. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the Material on our site may be out of data at any given time, and we are under no obligation to update such Material.
Hovid reserves the right to change these Terms at any time, without notice. You should refer to these Terms regularly because any amended Terms will apply to the continued use of, and access to, this Website.
4. OWNERSHIP OF SITE CONTENT
Hovid does not transfer title and ownership of any site content downloaded or used by User. Site content, including its selection and arrangement, is owned by Hovid or Hovid Affiliates and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use site content (for the purposes stated herein) is specifically conditioned on User’s recognition, observance and retention of all copyright, trade mark and other proprietary notices in site content, and all proprietary and other intellectual property rights of Hovid or Hovid Affiliates and/or content and technology providers in site content.
Any unauthorized use or copying of site content, or use of site content which breaches these Terms (or their spirit) may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any site content (or any other content made available through this site) in any manner that infringes any trade mark, copyright or other proprietary rights. Hovid reserves all rights with respect to such unauthorized use or breach of these Terms.
5. PERMITTED AND PROHIBITED USE OF THIS SITE
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: data, graphics, images, photographs, designs, descriptions, information, text, video, audio, music, sound compilations and any other content on this Site which has been originated or provided directly by Hovid, Hovid Affiliates or its product is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise.
Hovid gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this Site and site content as a support and communication resource for purposes specified on the site only. User may electronically copy and print in hard copy site content for these purposes, provided that all copyright and proprietary notices are retained on site content.
Any other use of site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of site content (other than page caching), republication or reverse engineering without the prior written consent of Hovid is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use site content does not include resale or commercial use or distribution of site content and use of any product or service listings, downloading or copying of information for the benefit of another merchant, any use of data mining, or similar data gathering and extraction tools, any use of site content which suggests an association with Hovid or its Affiliates or their products, except as expressly provided by written agreement between relevant parties.
Users shall not use this site in way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site. Users may not attempt to gain unauthorized access to any part of this site or any computer systems or networks connected to this Site, whether through hacking, password mining or any other means. Users may not collect or attempt to collect personal information relating to others through this Site.
6. TRADE MARKS
“Hovid” and “HoYanHor” are registered trade marks of Hovid Berhad. All trade marks, logos, website addresses, product names or derivatives that describe Hovid or its Affiliates, their products that contain the word “Hovid” and/or “HoYanHor” that are included in site content (together, “Hovid Marks”) are trade marks and/or the property of Hovid or its Affiliates. Any list of Hovid (or other) trade marks on this Site is periodically updated but shall not be taken as an all-inclusive list of Hovid (or other) trade marks.
Any use of Hovid Marks or permutations thereof (except as expressly authorized by Hovid in writing) is strictly prohibited.
Other products and company names mentioned in this Site may be the trade marks of their respective owners.
7. USER CONTENT
In these terms, user content is information or other content, which is or may be provided to Hovid or inputted or uploaded by Users via this site or related means, including (without limited) pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, email and other communications, files texts, opinions, personalization settings and other information.
However, this section does not apply to any personal information submitted to Hovid by a User which identifies him or her. This will be processed only as provided in the provision relating to “Personal Information”.
You will be able to purchase Products from Hovid through the website at prices determined. All such transactions shall be governed by the terms and conditions of sale.
9. DISCLAIMER OF WARRANTIES
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIAL ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOVID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY.
HOVID GIVES NO WARRANTY AS TO THE ACCURACY OF ANY STATEMENTS IN THIS SITE. NEITHER HOVID OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
ALTHOUGH HOVID HAS ATTEMPTED TO VERIFY THE ACCURACY, RELIABILITY AND CURRENCY OF ALL SITE CONTENT (OTHER THAN USER CONTENT), NEITHER HOVID OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Hovid is not liable to you (or any other parties) for:
(a) any loss of income, business or profits, or loss or corruption of or damage to data;
(b) any loss or damage which was not caused by Hovid’s breach of these Terms or Hovid’s breach of its legal duty of care;
(c) any loss or damage which was not a reasonably foreseeable result of either Hovid’s breach of these Terms or Hovid’s breach of its legal duty of care. Loss or damage is “reasonably foreseeable” if prior to you accessing this site, either (i) such loss or damage was contemplated by Hovid or you, or (ii) you notify Hovid that the loss or damage may occur if Hovid breached these Terms or its legal duty of care;
(d) any loss or damage which occurs due to unauthorized access by a third party to your account as a result of a breach by you of these Terms.
10. LIMITATION OF LIABILITY
Hovid, its Affiliates, agents, instrumentalities, officers r employees will not, under any circumstances (including tort or negligence), be liable for, or accept responsibility for any compensatory, special, incidental, direct or indirect or consequential damages of any kind, liabilities, claims and expenses, however caused, (including but not limited to legal costs and defence or settlement costs), or any damages for loss of data, profit or income or any other losses whatsoever that result from the use of this Website, or reliance on, information contained on or accessed through this Website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Hovid from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included by Hovid’s liability will be limited for a beach of that condition or warranty to supplying the relevant goods again or the payment of the costs of having the goods supplied again.
This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
11. HEALTH DISCLAIMER
This Website provides health management and information applications and content published over the Internet and is intended only to assist Users in their personal health management efforts. Hovid is not a medical treatment organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
You agree to indemnity and hold harmless Hovid, its Affiliates and each of its agents, instrumentalities, officers and employees and to keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees on solicitor and own client basis), claims and damages arising from:
(a) any breach by you of these Terms;
(b) any submission by you of user content;
(c) reliance by you on any information or material obtained though this Website; and
(d) your access to and/or use of this Website.
13. GOVERNING LAW
This Website is operated by Hovid. By accessing this Site, you acknowledge and agree that any disputes in relation to this Website (including Website content) are to be determined by the courts of Malaysia, in accordance with the laws of Malaysia.
14. TERMINATION ACCESS
Hovid reserves the right to terminate your access to this Website at any time, and for any reason whatsoever (including, but not limited to, a breach of these Terms). All disclaimers, retractions and limitations of liability will survive termination.
On termination, Usesr must cease use of, and destroy all copies it holds of site content and Hovid may remove and/or delete all such User’s content, except where a perpetual license has been granted by Hovid to use certain site content in return for a fee which has been paid. Following termination Hovid shall have no obligation to maintain any user content or to forward any messages to you or any third party.
“Affiliates” means any entity which directly or indirectly owns or control or is directly or indirectly owned or controlled by or in common ownership of control with Hovid to the extent of holding more than 50% of the shares or stock having the power to vote at a general meeting or equivalent;
“Material” means any information, images, photographs, video clips, logos, trade marks, data, text, graphics, links, programming code or other material published, contained or available on the Website;
“Products” means Hovid products listed for sale on this website;
“Terms” means these terms and conditions;
“This Website” or “site” means the website [ ] (home page and underlying webpages) or other collection of information and/or applications operated by Hovid and available for access via physicically linked or wireless networks (including the internet and networks accessible using wireless application protocol or similar (wap) technology) though access devices such as PCs, laptop computers, mobile telephones, PDAs, digital cameras, televisions or other network-enabled devices, on which these Terms are posted or which is expressly referred to in connection with User being requested to agree to these Terms. Any reference to this website or site includes reference to any related wap site. Certain other terms are defined in the text below.
“User” or “you” means any person who accesses or uses this site, with or without Hovid’s authorization and whether or not you are registered to use this or part of this site.