Terms & Conditions
By accessing this Site, using the Services, or ordering Products, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately, and do not order any Products via the Site.
1.1 You hereby represent and warrant that:
- 1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions;
- 1.1.3 you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site, using the Services or ordering Products and such entity agrees to be bound by these Website Conditions; and
- 1.1.4 all of the information provided by you to Evergreen (including without limitation personal particulars and contact information) is accurate and complete.
- 1.2 Evergreen reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site, Services or Products at any time. Evergreen may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- 1.3 Evergreen may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
- 1.1 You hereby represent and warrant that:
- 2.2 The words "include" and "including" shall not be construed as having any limiting effect.
- 2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
Site and Services
- 3.1 The Site is owned and maintained by Evergreen.
3.2 Evergreen may offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
- 3.2.1 online ordering of Products;
- 3.2.2 online applications for Evergreen Privilege Card membership;
- 3.2.3 access to Content;
- 3.2.4 search engines or tools;
- 3.2.5 a platform to create, upload and publicly make available customer reviews and other content;
- 3.2.6 any other features, content or applications that Evergreen may offer at the Site from time to time in its sole and absolute discretion.
- 3.3 You acknowledge and agree that to order Products and to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Membership Conditions and other conditions accessible therein, in addition to these Website Conditions.
- 3.4 From time to time Evergreen will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
Content Use Conditions
4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- 4.1.1 any Service;
- 4.1.2 the Site;
- 4.1.3 any Evergreen Content except with the prior written consent of Evergreen or unless expressly permitted in these Website Conditions; or
- 4.1.4 any User Content except with the prior written consent of Evergreen and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
- 4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Evergreen Content, or User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Evergreen.
4.3 You may for your personal, non-commercial use:
- 4.3.1 retrieve and display Evergreen Content on any compatible device owned by you;
- 4.3.2 print a single copy of individual articles on paper (but not photocopy them); and
- 4.3.3 store such articles in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
- 4.4 All Evergreen Content are the copyrighted work of Evergreen or its content or software providers, and Evergreen reserves and retains all rights in the Evergreen Content. Use of some Evergreen Content may be governed by the terms of an accompanying end user license agreement.
- 4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Evergreen Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Evergreen in writing.
- 4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- 5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all Evergreen Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Evergreen.
- 5.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Evergreen or other third parties, and all rights to the Marks are expressly reserved by Evergreen or relevant third parties. You are not permitted to use any Marks without the prior written consent of Evergreen or such third party. Evergreen and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Evergreen or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Evergreen.
- 5.3 The domain name on which the Site is hosted on is the sole property of Evergreen and you may not use or otherwise adopt a similar name for your own use.
- 5.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please email us at email@example.com
6.1 You hereby undertake:
- 6.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Evergreen from time to time (which are hereby incorporated by reference into these Website Conditions);
- 6.1.2 not to use any Service, Product or Evergreen Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
- 6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
- 6.1.4 not to use the Account of another Member at any time, whether with or without his/her permission.
- 6.1 You hereby undertake:
Disclaimers & Limitations
- 7.1 While we make every effort to ensure that all Evergreen Content displayed on the Site is accurate and complete, we provide the Evergreen Content for informative purposes and on an 'as is', 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Evergreen disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Evergreen does not warrant that the functions contained in or access to the Site, Services, Evergreen Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Evergreen Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Evergreen Content in or with any Computer will not affect the functionality or performance of the Computer. Evergreen does not warrant or make any representations regarding the use or the results of the use of the Evergreen Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Evergreen) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Evergreen liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Evergreen.
- 7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Evergreen does not sponsor, endorse or promote any financial products, services or information.
- 7.3 You acknowledge that it is not Evergreen's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Evergreen does not endorse and shall not be responsible for any such content.
- 7.4 You acknowledge and agree that Evergreen does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Evergreen hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
- 7.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Evergreen shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- 7.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7 You agree that:
- 7.7.1 Evergreen shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Services or Products without assigning any reason; and
- 7.7.2 access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,and in any such event, Evergreen shall not be liable for any loss, liability or damage which may be incurred as a result.
- 7.8 In no event shall Evergreen be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Evergreen Content, User Content, Services, Products, Third Party Products, any Computers, the Site, or any other website. In the event that Evergreen is liable for damages despite the foregoing provision, you agree that Evergreen's aggregate liability to you for any and all causes of action in relation to the Evergreen Content, Services, Site, and the Agreement, shall not exceed the sum of RM 100 (One Hundred Malaysia Ringgit).
- 7.9 Under no circumstances, including, but not limited to, negligence, shall Evergreen be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Evergreen Content, Services, Products, Third Party Products, Site, or any other website, even if Evergreen or a Evergreen authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- 7.10 You agree that the above exclusions and limitations of liability enable the Services and the Evergreen Content to be provided by Evergreen at either reasonable costs or no costs to you.
- 8.1 Evergreen may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Evergreen has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
Data Use & Privacy
- 10.1 You agree that Evergreen has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
Notification of Infringement
- 11.1 Evergreen reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of Evergreen Content, User Content and other material on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Evergreen in writing immediately in the form and containing the information prescribed by the Malaysia Copyrights Act, 1987 (Act 332) [including its Regulations] ("Infringement Notice").
11.2 All Infringement Notices shall be sent to Evergreen addressed as follows:
Evergreen Publisher Sdn.Bhd - Online Orders Department
Taman Maluri Cheras
55100 Kuala Lumpur
Tel: +603 9285 7375
Fax: +603 9283 2963
- 11.3 Evergreen will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Evergreen in respect of any Infringing Material, unless you have first given Evergreen the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Evergreen refuses or fails to remove the Infringing Material within a reasonable time. Where Evergreen removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Evergreen under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Evergreen.
- 11.4 You acknowledge and agree that Evergreen has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
- 12.1This Site is owned and operated by Evergreen in Malaysia. Evergreen makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.1 You agree to indemnify and hold Evergreen, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- 13.1.1 any use of the Site or any Service;
- 13.1.2 your connection to the Site;
- 13.1.3 your breach of any terms and conditions of these Website Conditions;
- 13.1.4 your violation of any rights of another person or entity; or
- 13.1.5 your breach of any statutory requirement, duty or law.
- 13.1 You agree to indemnify and hold Evergreen, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- 14.1 If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
Relationship of Parties
- 15.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Evergreen and you and neither party shall have any authority to bind the other in any way.
- 16.1 No waiver of any rights or remedies by Evergreen shall be effective unless made in writing and signed by an authorised representative of Evergreen.
- 16.2 A failure by Evergreen to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Rights of Third Parties
- 17.1 Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts Act, 1950 (Act 136) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- 18.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
- 18.2 For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
Governing Law & Jurisdiction
- 19.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Malaysia including without limitation the provisions of Malaysia Evidence Act, 1950 (Act 56) and the Digital Signature Act, 1997 (Act 562), without giving effect to any principles of conflicts of law.19.2You hereby agree to submit to the non-exclusive jurisdiction of the pertinent Malaysia courts.