Terms and Conditions

Welcome to Elementz. All our services are subject to the notices, terms and conditions set forth in this agreement. When using any Elementz service, the customer will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and laid out forthwith. Elementz reserves the right to change this site and these terms and conditions at any time.

Accessing, browsing, or otherwise using the site indicates you agree to all the terms and conditions in this agreement. Please read the terms and conditions carefully before proceeding.

By accessing this site, you, the customer, represent and warrant that you are at least 18 years old or are visiting the site under the supervision of a parent or guardian.

Subject to the terms and conditions of this agreement, Elementz hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except when explicitly permitted to do so by Elementz in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by Elementz in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by Elementz in advance.

Elementz reserves the right to refuse service, terminate accounts, and/or cancel orders at it's discretion, including, without limitation, if Elementz believes that the customer's conduct violates applicable law or is harmful to Elementz's interests.

You shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that

(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;

(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under international law; or

Elementz may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the site in a manner consistent with the terms and conditions of this agreement, and Elementz has no obligation to investigate the authorisation or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Elementz of any unauthorised use of your password or identification or any other breach or threatened breach of this site's security.

User account

For safety and security reasons, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, Elementz reserves the right to suspend accounts without further notice.

Copyright

All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Elementz (collectively, "Content"), belongs exclusively to Elementz or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Elementz, without Elementz's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Elementz as well as the use of Elementz trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Elementz. You may not use Elementz's Content or Compilation in any manner that disparages or discredits Elementz or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Elementz and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Elementz. Violators will be prosecuted to the full extent of the law.

Intellectual Property Infringement Policy

It is the policy of Elementz to take appropriate action where necessary to uphold and recognise all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other intellectual property laws.

Termination and Effect of Termination

Except as otherwise provided in the standard terms of sale that govern each product on this site, this site, the products offered for sale on it, and the transactions conducted through it are provided by Elementz on an "as is" basis. Elementz makes no presentations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Elementz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. Elementz does not warrant that the content will be uninterrupted or error free.

To the maximum extent permitted by law, Elementz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Elementz's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Elementz during the month immediately preceding the act allegedly giving rise to Elementz's liability.

Disclaimer and Limitation of Liability

Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by Elementz on an "as is" basis. Elementz makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Elementz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. Elementz does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, Elementz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Elementz's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Elementz during the month immediately preceding the act allegedly giving rise to Elementz's liability.

Applicable Law

These conditions are governed by and interpreted in accordance with the laws of Malaysia and Parties agree to submit to the exclusive jurisdiction of the courts in Malaysia.

Links

This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Elementz is not responsible for the operation of or content located on or through any such site.

Remedies

You agree that Elementz's remedy at law for any actual or threatened breach of this agreement would be inadequate and that Elementz shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Elementz may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Elementz shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Elementz of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.