Terms & Conditions

Thank you for visiting http://www.pokka.com.my ("Site"). This Site is the website of POKKA CORPORATION (SINGAPORE) PRIVATE LIMITED, Malaysia Branch¬†("Pokka") and it is owned and operated by Pokka. By accessing and/or using any part of this Site, you shall be deemed to have accepted, and agreed to be bound by the terms and conditions set forth herein (‚ÄúTerms of Use‚ÄĚ which expression shall include these Terms of Use as amended from time to time and posted on this Site). If you do not accept, or do not agree to be bound by, these Terms of Use, please discontinue your access to this Site immediately and do not access and/or use this Site:-

DEFINITIONS AND INTERPRETATION

1. The clause and paragraph headings in these Terms of Use are for ease of reference only and shall not be taken into account in the construction or interpretation of these Terms of Use. Where the context so admits, words in these Terms of Use importing the singular meaning shall include the plural meaning and vice versa, words for the masculine gender shall include the feminine and neuter gender and vice versa and words denoting natural persons shall include corporations and firms and all such words shall be construed interchangeably in that matter.

CHANGES TO TERMS OF USE

2. Pokka may, at any time, in its absolute discretion review and/or vary these Terms of Use from time to time and without prior notice.

INTELLECTUAL PROPERTY RIGHTS AND USE

3. The materials located on this Site, including but not limited to data, information, text, graphics, images, music, sound recordings, scripts, software programs, files, technology, designs, data compilations and other works (collectively known as the "Contents"), are protected by copyright, trademark and other forms of intellectual property rights (regardless of whether such intellectual property rights are registered or not and wherever in the world such intellectual property rights may exist).

4. All title to and rights and interest in the Contents are owned by or licensed to Pokka.

5. By accessing or using this Site and/or the Contents, you hereby agree as follows:-

6.1. To access and use this Site and the Contents in the manner permitted in these Terms of Use and any applicable law, regulation or generally accepted practices or guidelines;

6.2. Not to use the Site and the Contents for any illegal or unauthorized purpose;

6.3. Not to engage in any activity that interferes with or disrupt access to or use of this Site and/or the Contents;

6.4. Not to commercially exploit this Site and any of the Contents in any manner whatsoever, whether in Singapore or elsewhere;

6.5. Not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Site and/or the Contents in whole or in part, unless expressly authorised by Pokka or relevant third parties;

6.6. Not make or attempt to make any deletions, additions, adjustments, alterations, adaptations or modifications to this Site or any of the Contents. You acknowledge and agree that any deletion, addition, adjustment, alteration, adaptation or modification of this Site or any of the Contents is a violation of the intellectual property rights subsisting therein owned by Pokka or relevant third parties;

6.7. Except as expressly permitted by these Terms of Use, not to reproduce, publish, upload, post, display, transmit or otherwise distribute this Site or any of the Contents in any manner or in any form, without the prior written permission of Pokka or relevant third parties. You agree and acknowledge that any use of this Site or any of the Contents otherwise than in accordance with these Terms of Use is a violation of the intellectual property rights subsisting in the Contents and owned by Pokka or relevant third parties;

6.8. Not to use any trade mark, service mark, trade name, logo of any company organization or entity set out in this Site and/or the Contents in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logo.

NO MEDICAL ADVICE

7. The Contents are meant purely for informational and educational purposes only.

8. This Site and the Contents is not a substitute for medical advice, diagnosis, treatment or professional care. If you have or suspect you have a health problem, you should consult a doctor or a qualified healthcare provider. Do not disregard professional medical advice or delay in seeking medical care because of something you have read on this Site.
HYPERLINKS FROM THIS SITE TO OTHER WEBSITES
9. This Site may contain hyperlinks to websites, which are not maintained by Pokka.

10. Pokka has no control over and cannot guarantee the accessibility or proper functioning of those websites. Pokka will not be responsible for the contents or reliability of those websites and does not necessarily endorse the views expressed in them. Further, Pokka shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to those websites. Use of the hyperlinks and access to those websites are entirely at your own risk.

11. Hyperlinks to other websites are provided for your convenience and may be removed or replaced by Pokka at any time at its absolute discretion. In no circumstances shall Pokka be considered to be associated or affiliated in any manner whatsoever with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Site is hyperlinked.

HYPERLINKS TO THIS SITE FROM OTHER WEBSITES

12. You shall not cache or frame this Site or any part thereof or any of the Contents, nor create hyperlinks to any page of this Site or any of the Contents, without the prior written permission of Pokka.

13. By framing or creating hyperlinks to this Site or any of the Contents, you are deemed to have accepted, and to have agreed to be bound by, these Terms of Use. If you do not accept, or do not agree to be bound by, these Terms of Use, you shall immediately remove all frames of, and hyperlinks to, this Site and the Contents.

14. Under no circumstances shall Pokka be considered to be associated or affiliated in any manner whatsoever with any trade or service marks, logos, insignia or other devices used or appearing on websites which hyperlink to this Site or any of the Contents. Pokka reserves all rights to remove or disable any hyperlinks to or any frames of this Site or the Contents, if those hyperlinks or frames are on websites containing material or information which, in the absolute opinion of Pokka, is profane, defamatory, obscene, indecent or otherwise objectionable, or violates any written law or is otherwise unlawful, or is an infringement of Pokka’s intellectual property or other proprietary rights. Pokka reserves the right to remove or disable any unauthorised hyperlinks to or any unauthorised frames of this Site or the Contents, appearing on any other website.

EXCLUSION OF WARRANTIES

15. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE CONTENTS IS AT YOUR SOLE RISK. POKKA MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY AND/OR CURRENCY OF THE INFORMATION CONTAINED IN THE CONTENTS.

16. TO THE FULLEST EXTENT PERMITTED BY LAW, POKKA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

17. NO ADVICE OR INFORMATION, IN WHATEVER FORM, OBTAINED BY YOU FROM POKKA OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

18. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA ARISING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

DISCLAIMER OF LIABILITY

19. POKKA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY, HOWSOEVER ARISING FROM OR IN CONNECTION WITH:-

19.1. YOUR ACCESS TO OR USE OF THIS SITE;

19.2. ANY LOSS OF ACCESS TO OR USE OF THIS SITE, HOWSOEVER CAUSED;

19.3. ANY INACCURACY OR INCOMPLETENESS IN, OR ERRORS OR OMISSIONS IN THE TRANSMISSION OF, THE CONTENTS;

19.4. ANY DELAY OR INTERRUPTION IN THE TRANSMISSION OF THE CONTENTS ON THIS SITE, WHETHER CAUSED BY DELAY OR INTERRUPTION IN TRANSMISSION OVER THE INTERNET OR OTHERWISE; OR

19.5. ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE CONTENTS,

REGARDLESS OF WHETHER POKKA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

INDEMNITY

20. You agree to indemnify and to keep Pokka fully indemnified in respect of all fines, penalties, liabilities, claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses (including all consequential losses) and/or expenses of any nature whatsoever whether at common law or by statute suffered or incurred by Pokka arising out or in connection with your access to or use of this Site and/or the Contents, or any breach, non-performance or non-observance of any provisions on your part in these Terms of Use.

SEVERABILITY

21. In the event that any provision of these Terms of Use is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received from any relevant competent authority such provision may, at the discretion of Pokka, be severed from these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect.

WAIVER

22. The failure by Pokka to enforce at any time or for any period any one or more of the provisions of these Terms of Use shall not be a waiver of them or of the right at any time thereafter to enforce all the provisions of these Terms of Use. Any waiver by Pokka of any breach of the provisions of these Terms of Use shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Terms of Use.

RIGHTS CUMULATIVE

23. The rights of Pokka under these Terms of Use shall be cumulative and no exercise by Pokka of any right under these Terms of Use shall restrict or prejudice the exercise of any other right granted or otherwise available to Pokka.

ENTIRE AGREEMENT

24. These Terms of Use constitute the entire agreement between you and Pokka in relation to this Site and the Contents and supersedes all previous agreements and understandings between you and Pokka in relation to the same.

GOVERNING LAW

25. These Terms of Use shall be governed and construed by the laws of Malaysia. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia PROVIDED ALWAYS THAT you also irrevocably agree that Pokka shall be entitled to apply for injunctive relief and remedies (or any equivalent urgent legal relief and remedies) in any jurisdiction.

Date : 30 October 2008

 
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