a. Products, Content, and Specifications.
All features, content, specifications, and services described or depicted on this website www.amitabhamalaysia.org are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Amitabha Malaysia makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
b. Use of this Website.
The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. All our rights against any person found to be in breach of this clause are expressly reserved, and no failure or delay on our part to take action against such person shall be construed as a waiver of our rights.
c. Trademarks.
Certain trademarks, trade names, service marks, and logos used or displayed on this Website are registered and unregistered trademarks, trade names, and service marks of AM and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of their respective owners, including Amitabha Malaysia and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Website without the written permission of AM, Amitabha Malaysia, or such other owner. All our rights against any person found to be in breach of this clause are expressly reserved, and no failure or delay on our part to take action against such person shall be construed as a waiver of our rights.
d. Linking to this Website.
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.
e. Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law to this Website. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
f. User Information.
Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Website in any manner is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
g. Disclaimers.
Your use of this site is at your risk. The information, materials, and services provided on or through this website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Amitabha Malaysia nor any of its respective affiliates makes any warranty or representation as to the accuracy or completeness of the information, materials, or services provided on or through this website.
The information, materials, and services provided on or through this website may be out of date, and neither Amitabha Malaysia nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
h. Limitations of Liability.
Neither AM nor Amitabha Malaysia assumes any responsibility or will be liable for any damages to or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of this website or your downloading of any information or materials from this website.
In no event will AM or Amitabha Malaysia or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of this website, be liable to you or anyone else for any direct, indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information, or services contained on any or all such websites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
i. Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.
j. Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and AM or Amitabha Malaysia to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of laws.
Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in the courts of Malaysia. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
k. Termination.
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
l. Indemnity.
You agree to indemnify and hold AM and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors, and assigns, harmless from any claim, loss, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website, your connection to our website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
m. Domestic Use; Export Restriction.
We control the website from our offices within Malaysia. We make no representation that the website or its content (including, without limitation, any products or services available on or through the website) are appropriate or available for use in other locations. Users who access the website from outside Malaysia do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from the website may be downloaded in violation of Malaysia law.
n. General
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
o. Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Amitabha Malaysia, Marketing Department enquiry@amitabhafoundation.my. Alternatively, you may call us at (07) 213 2448.