TERMS AND CONDITIONS FOR
ACCESS TO AND USE OF SWIMON ENTERPRISE’S WEBSITE AND SERVICES
Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of Swimon Enterprise’s web sites (“Sites”). These Terms and Conditions impose obligations on you including terms which limit your rights and exclude your liability.
If you do not agree with them, you should not proceed any further on the Sites or with registration and discontinue all access to or use of the Sites and/or use of the Services. By continuing to use the Sites and/or any of the Services shown on the Sites, you agree to be bound by these terms and conditions.
All references to “Swimon Enterprise”, “we", "us" or "our", as the case may be, refers to Swimon Enterprise.
Please take note that Swimon Enterprise reserves all rights to change any part of this Terms and Conditions. Swimon Enterprise will announce such changes through its dedicated webpage http://www.malaysiaopenwaterswimming.com accordingly.
means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device;
means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
has the meaning given to it in Clause 2.1;
Swimon Enterprise’s web sites;
"Terms and Conditions"
means the contract between Swimon Enterprise and you incorporating these terms and conditions;
means the word or marks belongs to Swimon Enterprise, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
means the customer that enters into these Terms and Conditions (and "your" shall be construed accordingly).
If you have a general enquiry about Swimon Enterprise's services, you can contact us via email firstname.lastname@example.org
2. USE OF CONTENT
2.1. The Services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites ("the Services").
2.2. You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions.
2.3 We do not claim ownership of any Content you submit or make available in the Sites. However, with respect to the Content you submit or make available in publicly accessible areas of the Sites, you grant us the worldwide, royalty-free, non-transferable and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Sites solely for the purposes of providing and promoting Swimon Enterprise’s Services to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Sites and will terminate at the time you remove or we remove such Content from the Sites.
3. YOUR OBLIGATIONS
3.1. You warrant that you will only use the Sites and the Services in accordance with this Agreement and in an appropriate and lawful manner.
3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by Swimon Enterprise ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Swimon Enterprise is not responsible for, and does not control or endorse any Content of any Public Communication Services.
3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, Swimon Enterprise has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
4. ACCESS INFORMATION
4.1. Following registration you may be issued with Access Information that may be used to access the Sites and/or the Services and any pages for which registration is required. Swimon Enterprise reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You are liable for all the activities conducted through your account.
4.3 You agree to take all reasonable care to prevent unauthorized use of the Sites. You acknowledge and agree that we may remove or reclaim your username at any time if we consider such action appropriate.
5. YOUR PERSONAL INFORMATION
6. PROPRIETORY RIGHTS
6.1. All Trade Marks used on the Sites and/or the Services are the trade marks of Swimon Enterprise.
6.2. You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Swimon Enterprise, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietory rights and laws. All rights are expressly reserved.
6.3. You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietory rights of Swimon Enterprise or any third party, whether by estoppel, implication or otherwise.
7. LIABILITY FOR CONTENT
7.1. It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
7.2. The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Swimon Enterprise, nor any of its employees, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
8. LIABILITY FOR THIRD PARTY CONTENT
8.1. The Sites contains links to web sites, web pages, Products and Services also operated by Swimon Enterprise and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shallprevail over these Terms and Conditions.
8.2. Swimon Enterprise assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.
9.1. You hereby agree to fully indemnify and to hold Swimon Enterprise harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to Swimon Enterprise by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Swimon Enterprise in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
9.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Swimon Enterprise arising from the above claims and shall provide Swimon Enterprise with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
10.1. Swimon Enterprise may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
10.2. Swimon Enterprise may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if Swimon Enterprise ceases to offer the Sites and the Services to its customers for any reason whatsoever.
11.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non- exclusive jurisdiction of the Malaysian courts.
11.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
11.3. Waiver - Swimon Enterprise 's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Swimon Enterprise in writing.
11.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
11.5. Assignment - You undertake that in entering into these Terms and Conditions you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Swimon Enterprise forthwith. Swimon Enterprise may assign these Terms and Conditions in whole or in part to any third party at its discretion.
17.7. Force Majeure - Swimon Enterprise shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Swimon Enterprise is not responsible.