Pecman Terms and Conditions
A. Use of Pecman Site
1. Pecman Sdn Bhd (referred to as "Pecman") maintains www.pecman.com.my and its related sites (collectively referred to as the "Pecman site") for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, make enquiries, conduct purchases, or otherwise use the site. However, your access and use of the Pecman site is subject ALWAYS to the following rules (referred to as the "Rules") as well as all applicable laws in Malaysia. By accessing and using the Pecman site, you accept and agree to the Rules without limitation or qualification and acknowledge that any other agreements you may have with Pecman are superseded by the Rules and in the event of any inconsistency, the Rules shall prevail.
2. TAKE NOTICE THAT Pecman may at any time revise these Rules by updating this posting. You shall be bound by such revisions and should therefore visit this page to review the current Rules from time to time. Pecman also reserves all rights, without notice and for any reason, to remove any content on the Pecman site and to deny access to any user or users to all or any part of this site.
B. Copyrights, and Other Rights
3. Unless otherwise specifically indicated, you may download the material displayed on the Pecman site for personal and non-commercial use only and you may not distribute, publish, display, perform, modify, create derivative works, transmit, use, or reuse and in any way exploit any of the contents of the Pecman site for any public or commercial purpose without the written consent of Pecman or from any third party Pecman deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Pecman site you make and distribute for any purpose must also be allowed by this these Rules. You may not access or use the Pecman site in any way that could or is intended to damage or impair the Pecman site or any server or network underlying or supporting the Pecman site or interfere with anyone else’s use and enjoyment of the Pecman site.
C. Trademarks
4. Among the trademarks and service marks owned by Pecman Sdn Bhd are Pecman and the respective logos, symbols, words etc legally representing Pecman on all the sites. All other trademarks and trade names are the property of their respective owners. Nothing contained on the Pecman site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Pecman site without the written permission of Pecman or such third party that may own the trademark(s). Misuse of any Trademarks, or any other content, displayed on the Pecman site is prohibited. Pecman shall aggressively enforce all its legal rights, including their rights for intellectual property via civil and criminal proceedings against any user for the unauthorized use of Pecman’s trademarks.
D. Submissions
5. Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the Pecman site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions etc is and will be treated as non-confidential and non-proprietary. Anything you send to the Pecman site may be used by Pecman for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, posting and all other acts authorized by and/or in compliance with Malaysian laws. By submitting informational or materials to Pecman site, you irrevocably consent to transfer and assign to Pecman and perpetually waive and agree never to assert, any copyrights, "moral" rights, rights of publicity or right to privacy, or other intellectual-property or proprietary rights that you may have in such material against Pecman. Pecman is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication which you send to the Pecman site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing its products and services.
E. No Warranties and Limitation of Liability
6. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, PECMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED BY THIS SITE IS EITHER ACCURATE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. EXCEPT FOR ANY EXPRESS WARRANTIES STATED ON THIS SITE, IF ANY, THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER.
7. SO, WHILE PECMAN MAY USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE PECMAN SITE, PECMAN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, TIMELINESS, OR COMPLETENESS AND PECMAN MAY PERIODICALLY ADD, CHANGE, OR IMPROVE ANY OF THE INFORMATION, PRODUCTS, SERVICES, PROGRAMS, AND TECHNOLOGY DESCRIBED ON THE PECMAN SITE WITHOUT NOTICE. PECMAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN REPRESENTING THE CONTENT OF THE PECMAN SITE WHICH YOU DECIDE TO RELY ON.
8. YOUR USE OF THE PECMAN SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER PECMAN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PECMAN SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER FORMS OF DAMAGES, HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON THE PECMAN SITE, EVEN IF PECMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PECMAN ASSUMES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES OR ANY MALWARE WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR DOWNLOADING FROM, THE PECMAN SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY RESTRICT OR DISALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
F. Other Agreements
9. Your use of the Pecman site or certain features or information provided through the Pecman site, may be subject to additional agreements apart from the Rules.
G. Links
10. Pecman has not reviewed all of the sites which are linked to or from the Pecman site and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Pecman is not responsible for the contents of any site linked to or from the Pecman site and your connection to any such linked site is at your own risk.
H. Legal Information
11. The Rules will be governed by and construed under the laws of Malaysia, excluding only its conflict of law provisions. Each party to these Rules hereby submits to the exclusive jurisdiction of the courts within Malaysia and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
12. Any failure by Pecman to enforce any of its rights under the Rules or applicable laws shall not be constituted as a waiver of such rights. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, Pecman, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.
13. You agree to follow any applicable laws in your use of the Pecman site. Among other things, Malaysia and foreign export control laws regulate the export and re-export of technology originating in Malaysia and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Pecman site to or from any countries or foreign nationals in violation of such laws or regulations.
Please also read the Pecman site Privacy Policy, which is part of the Rules and which you accept. If you have any questions, comments, or complaints about pecman.com.my, please feel free to email us at: enquiry@pecman.com.my.
