TERMS AND CONDITIONS

These ONLINE SERVICES TERMS OF USE (“TERMS AND CONDITIONS”) state the terms and conditions that govern your use of the website(s), web services, web-based applications, and mobile applications (“Online Services”) offered by the SMT (Super Miles Tires). By accessing or using any of the information, materials, or functions available on or through Online Services, you agree to and understand the following TERMS AND CONDITIONS. These TERMS AND CONDITIONS are applied to accounts you have with SMT or to any other services or information provided by SMT. Where appropriate, please review those specific terms and conditions. As used in these TERMS AND CONDITIONS, “you” refers to you. “We” refers to SMT. SMT intends for the information, materials, and functions contained on Online Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material, or functions available through Online Services.

1. LIMITATIONS OF USE

The copyright in all material on website(s), web services, web-based applications, and mobile applications (“Online Services”), including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by SMT or by the original creator of the material and is protected by Malaysia copyright laws.

2. GENERAL USE

This Online Services is intended for use by Individual Users with the minimum age of 18 years old. By using this Online Services and/or making use of this Online Services, you represent and warrant that you are already 18 years old or older and will comply with the rest of these Terms and Conditions. Any use of Online Services by Users under 18 years old is invalid and is a violation of these Terms and Conditions so that We reserve the right to not provide the Services.

You may not use the online service for any purposes that are contrary to law.

3. CHANGES(S) TO THESE TERMS AND CONDITIONS OF USE

SMT may amend or change the Online Services offered or these TERMS AND CONDITIONS from time to time, at our sole discretion, by posting updated terms and conditions within Online Services or by providing written notice to you by email, through a website. You agree to be bound by any modifications, changes, or revisions made by SMT to the Online Services or to these TERMS AND CONDITIONS. You agree that you are responsible for reviewing these TERMS AND CONDITIONS regularly, and your continued use of Online Services constitutes your acceptance of any modifications, changes, or revisions to Online Services or these TERMS AND CONDITIONS.

4. AGREEMENT ON THE USE OF ELECTRONIC TRANSACTIONS

By using and accessing Online Services as a user, you understand and agree that any forms of communication from the Company to you related to the Services will be provided electronically whether it is through email or published on the Online Services.

You agree to accept all documents, notifications and agreements electronically arising from your use of Online Services. Any agreements you have provided electronically through the online service are solely your responsible and bind you as a user of the Service, both the rights and the obligations arising from the agreement.

You consent to receiving communication from us electronically and you agree to the Company use of electronic communication to enter into agreements and communicate with you.

5. AVAILABILITY OF THE ONLINE SERVICE

Whilst we will use commercially reasonable efforts to make the Online Services available to you without any interruption, we do not guarantee that the Online Services will be fault-free. If a fault occurs with the Online Services either website, web services, web-based applications, and mobile applications, you should report it to supermiles_tires@yahoo.com and we will attempt to correct the fault as soon as we reasonably can.

The Online Services is dependent on other third party service providers, including but not limited to website domain hosts and payment providers, we do not guarantee that the online service will be available at all times or uninterrupted. As such, we will not be liable to you if for any reason the online service is unavailable at any time or for any period.

6. PROHIBITED ACTS

You may not use the Online Services for any of the following purposes:

(a) any activities that violate these Online Services Terms and Conditions, any payment provider’s terms of service and/or any other relevant third party’s terms of service;

(b) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

(c) transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;

(d) interfering with any other person’s use or enjoyment of the online service;

(e) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(f) access or search or attempt to access or search the Online Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions);

(g) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Online Services, or by scripting the creation of the Contents in such a manner as to interfere with or create an undue burden on the Online Services; and/or

(h) carry out any activities or induce anyone to undertake any action which may (i) hinder or factually obstruct the operation of the Online Services or the provision of the Company’s services; (ii) impose any threat to its reputation;

and/or (iii) result in any detrimental effects on its business, affiliates, employees, agents, management or relationship with any third party.

In the event of any of the above in, we reserve the right, at all times, to remove or refuse to distribute any of the material on the Online Services, to suspend or terminate you, and to reclaim your account without any liability to us.

You will be responsible for our losses and costs resulting from your breach of this Clause 6.

7. THE COMPANY’S RIGHT TO SUSPEND OR CANCEL YOUR ACCOUNT

We may suspend or cancel your account immediately at our reasonable discretion, or if you breach any of your obligations under these Terms and Conditions. We will take reasonable efforts to notify you by the email address provided by you to us of such suspension or cancellation, or to notify you at your next attempt to access your account.

The suspension or cancellation of your account and your right to use the Online Services shall not affect either party’s statutory rights or liabilities nor shall it be deemed or construed as a waiver of our rights to take any action against you for any loss and damages suffered as a result of your breach of these Terms and Conditions.

8. PRIVACY POLICY

We respect the protection of your privacy. We do not collect any personal information about you unless you specifically and deliberately choose to provide such information to Us for the following:

  1. Personal data you provide to us; and
  2. Any data needed to access your account as the User, including but not limited to IP Address, hardware, etc

since you visited and accessed the Online Services.

9. USER CONTENT ON THE PLATFORM

You are solely responsible for all materials and information you provide, upload, publish, and display in the Online Services as well as all materials and information you send or provide to other Users (“User Content”).

You understand and agree that Company reserves the rights, but not obliged, to review and remove all the User Contents at its sole discretion (without notification), including but not limited to, User Content at the discretion of the Company that is classified as a violation of these Terms and Conditions, contrary to applicable laws and regulations, or may violate or compromise the rights and security of other Users.

By using this online service you give rights to the Company to use, copy, publicly display, reformat, and distribute User Content for other purposes (marketing and/or promotion) or anything related to the Platform. You reserve the rights to withdraw your User Content at anytime. If you withdraw your User Content from the online service, every rights you gave to the Company as stated above will remain prevail.

10. DATA ACCURACY

You agree that by accessing the Online Services, you warrant the authenticity and the accuracy of data you provide. The data you provide is true, accurate, complete, up to date and not misleading.

You understand that you have an obligation to always:

  1. Update and inform the Company about any changes, immediately after the changes occur.
  2. Keep your password and personal data safe;
  3. In the event that you act for an organization, association or company, you are solely responsible for any

use

of the Services, including but not limited to do so as set forth in letters a and b above.

11. THIRD PARTY LINKS

As a convenience to our users, the Online Services includes links to other websites or material which are beyond the Company’s control. The Company is not responsible for the accuracy or availability of any Contents on any third party website or links that are outside of the Online Services.

Links to third party websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials made available by such third parties. In addition, the Company is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such Contents, information, products or services available on or through such linked websites.

12. STATEMENT AND WARRANTY

SMT is a Online Services provider which does business to business tires activities and provides business consulting services to the Online Services users.
The Company does not undertake the collection or management of public funds, whether for savings or investment.

The Company makes no promises, representations and warranties concerning any proceeds which may be obtained through the use of this Online Services. Any decision taken by the User in using Online Services is entirely the User’s decision.

13. INTELLECTUAL PROPERTY RIGHTS

The Online Services, any materials thereof and all contents therein (“Contents”) are protected by copyright, trademarks, database rights and other intellectual property rights, as applicable. You may retrieve and display the Contents on a computer screen, mobile phone screen, tablet screen (or equivalent), store such Contents in electronic form on disk (but not any server or other storage device connected to a network), download or print copies of such Contents for your own use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the Contents without written permission from the Company.

14. LIMITATION OF LIABILITY

As a Online Services provider, the Company’s responsibility is limited to facilitating the needs and complaints between each User (between Creditor and Debtor). The Company provides Customer Service facility during working hours starting from 9:00am to 6:00pm to serve the Users in the Services provided.

15. INTERNATIONAL USE

We make no promise that materials on the Online Services are appropriate or available for use in locations outside of Malaysia, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App/Website from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

16. APPLICABLE LAW

These Terms and Conditions and other provisions set forth by the Company are regulated by and construed in accordance with the laws of Malaysia.
You may write to us at the following address for any communication or complaint to us at:

Attention: Customer Service
Address: Unit 7-1, Wisma Genting (New Wing), No 28, Jalan Sultan Ismail, 50250 Kuala Lumpur. Email: supermiles_tires@yahoo.com

17. INDEMNITY

You agree to release, free and indemnify the Company, its affiliates, its shareholders, directors, commissioners, employees, subcontractors, suppliers, agents of and to any and all liabilities, claims, losses, damages, including legal consultant fees, arising from your violation to these Terms and General Conditions and any other terms set by the Company.

18. MISCELLANEOUS

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

Last update: 13th May 2019

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