"Site" is the interactive on-line veneer catalogue operated by Cantolli Sdn Bhd ("Cantolli") on the World Wide Web of the Internet, consisting of information services and content provided by Cantolli. "User" means each person who establishes or accesses a connection ("Account") for access to and/or use of the Site.
Cantolli shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Cantolli shall have the right at any time to delete, amend or modify the terms and conditions applicable to User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such amendments, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User after the issuance of such notice shall be deemed to constitute acceptance by User of such deletions, amendments, modifications or additions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
User shall use the Site for lawful purposes only. Any conduct by a User that in Cantolli's view restricts or inhibits any other User from using or enjoying the Site will not be permitted.
The Site contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are subject to copyright as a collective work under the Malaysian copyright and trademarks laws. Cantolli owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download material for User's personal use only provided that this not for the purpose of private or commercial gain. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Cantolli and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no amendments in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading such material.
The foregoing provisions of this Section are for the benefit of Cantolli, its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
User agrees to defend, indemnify and hold harmless Cantolli, its respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys' fees, arising out of the use of the Site by User or User's Account.
The mark of Cantolli, or the name of Cantolli, including any abbreviation of its name, is protected by the Trade Marks Act 1976. Therefore, Cantolli, the Site and the Cantolli mark, cannot be used by User or any person without the written permission of Cantolli. All other trademarks appearing on the Site are the property of their respective owners.
For security purposes and to ensure that the Site remains available to Users, Cantolli uses special software programs for monitoring network traffic to identify unauthorised attempts to upload or change information, or otherwise to cause damage to Cantolli's server system. These programs collect no information that directly identify individuals, but they do collect information that could help Cantolli identify someone attempting to tamper with the Site.
If User access and use the Site, User should take note that all activities may be monitored and recorded. Anyone using the Site expressly consents to such monitoring and recording.
Cantolli's servers automatically record information that your browser sends whenever you visit the Site. These server logs may include information such as the date and time of your visit, your Internet Protocol address, browser type, browser language, browser screen size, and one or more cookies that identify your browser. The information Cantolli collects is only used to compile statistics, on an aggregated basis, on the usage of the Site.
If User decides to send to Cantolli an e-mail message, the message will usually contain User's return e-mail address. If User includes personally-identifying information in User's e-mail because User wants Cantolli to address issues specific to User's situation, Cantolli may use that information in responding to User's request. Also, e-mail is not totally secured against interception. Please send only information necessary to help Cantolli processes User's request.
Cantolli processes User personal data in accordance with Cantolli's Personal Data Protection Notice.
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER CANTOLLI NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS OR COMPLETENESS, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS BEHAVIOUR, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CANTOLLI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL CANTOLLI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CANTOLLI NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER CANTOLLI NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS OR SERVICE BY TRADE NAME, TRADE MARK, MANUFACTURE OR OTHERWISE BY CANTOLLI OR ITS AFFLIATES DOES NOT CONSTITUTE AN ENDORSEMENT, A RECOMMENDATION OR A FAVOURING BY CANTOLLI.