|
 |
 |
|
 |
 |
| |
WEBSITE TERMS OF USE
|
|
|
WEBSITE PRIVACY POLICY
|
|
|
TERMS OF USE
|
By using any of the websites (referred to as
"NECIAP Websites") operated by or on behalf of NEC Infrontia Asia Pacific Sdn.
Bhd. and its subsidiaries* (collectively "NECIAP") now or in future, you agree
to be bound by the following Terms of Use. You agree to review these Terms of
Use periodically for modifications, and your continued access and use of the
NECIAP Websites is deemed to be conclusive acceptance of the modified Terms of
Use.
If you do not agree or wish to be bound by these
terms and conditions, you cannot access or use the NECIAP Websites.
| * NECIAP include in the following entities: |
| (i) NEC Infrontia Asia Pacific Sdn. Bhd. (603470-T), a company incorporated and
registered in Malaysia. |
| (ii) NEC Infrontia AP Ltd, a company incorporated and registered in Thailand. |
| (iii) NEC Infrontia AP Pte. Ltd., a company incorporated and registered in
Singapore. |
| (iv) NEC Infrontia Asia Pacific (Shanghai) Ltd., a company incorporated and
registered in the Peoples' Republic of China. |
| (v) NEC Infrontia Corporation (Middle East Office) Branch, a branch office
incorporated and registered in Jebel Ali Free Zone, Dubai, U.A.E.
|
| (vi) NEC Infrontia Asia Pacific Sdn. Bhd. Taiwan Branch (Malaysia), a company
incorporated and registered in Taiwan.
|
|
|
| a. |
Information and Product Descriptions |
top |
| |
Although NECIAP endeavors to provide updated and accurate
information, product and service descriptions, prices, contents, software,
programs, documents, exhibits, data, statements and or related graphics
(collectively the "Material") on the NECIAP Websites, NECIAP does not warrant
and assumes no responsibility for the accuracy and suitability of the Material.
NECIAP reserves the right to make changes, add or remove any part of the
Material at any time, in its sole discretion, without notice. |
b. |
Copyrights and Trademarks |
top |
| |
All Materials on the NECIAP Websites are owned by or licensed to NECIAP or are
owned by third parties whose products are sold in conjunction with NECIAP's
products and services. These Materials are protected by Malaysian and
international copyright laws. The compilations of the Materials on the NECIAP
Websites are the exclusive property of NECIAP and are similarly protected by
these copyright laws.
All trademarks, service marks, insignia, logos, scripts and other devices
associated with NECIAP and or its products and services are owned by or
licensed to NECIAP or its subsidiaries in Malaysia and in other countries. The
"NEC" trademark is owned by NEC Corporation, Japan or its subsidiaries
(collectively known as "NEC"). NECIAP's and NEC's trademarks or tradedress
cannot be used in conjunction with any products which are not NECIAP's or NEC's
or in any manner which is likely to cause confusion among its customers or in
any manner which disparages or discredits NECIAP or NEC.
Nothing in these Terms of Use shall be construed as granting any person any
rights to use any intellectual property of NECIAP or NEC or any Material,
including without limitation, the copyright, trademarks and other proprietary
rights referred in this clause, apart from the rights expressly granted in
clause 3 below. Any unauthorized use of the NECIAP's or NEC's intellectual
property is prohibited.
|
c. |
Licence and Website Access |
top |
| |
NECIAP grants you a limited licence to access and make personal use
of the NECIAP Websites and not to download (other than page caching) or modify
the NECIAP Websites, or any part of it, except with the express written consent
of NECIAP. The NECIAP Websites may not be reproduced, duplicated, copied,
framed or otherwise used by you for commercial purposes without the express
written consent of NECIAP. You cannot copy any information or contents or use
any data mining or similar data gathering or extraction tools on any part of
the NECIAP Websites. You cannot use any metatarsi or other "hidden text"
utilizing NECIAP's or NEC's name or trademarks without NECIAP's or NEC's
express written consent, as the case may be.
|
d. |
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES |
top |
| |
The NECIAP Websites are provided by NECIAP on an "as is" and "as available"
basis. NECIAP makes no representation or warranty of any kind, express or
implied, as to the operation or availability of the Websites, or the
information, content or Materials included in the Websites. You agree that your
use of the NECIAP Websites is at your sole risk.
NECIAP excludes all liability to any person or organization for any loss or
damage caused by any errors or omissions, whether such errors or omissions
result from negligence, accident or any other cause.
To the fullest extent permitted by applicable law, NECIAP disclaims all
warranties, express or implied, including but not limited to, implied
warranties of merchantability and fitness for a particular purpose. NECIAP does
not warrant that these Websites, its servers or email sent to or from NECIAP
are free from any viruses or any harmful components. NECIAP will not be liable
for any damages of any kind arising from the use of these NECIAP Websites,
including, but not limited to, direct, indirect, incidental, punitive or
consequential damages. Certain laws in certain countries do not permit
limitation on implied warranties or the exclusion or limitation of certain
damages. If you are in these countries and these laws apply to you, some or all
of the above disclaimers, exclusions or limitations may not apply to you.
|
e. |
Links to Other Websites |
top |
| |
For your convenience, we may provide links to third party websites, including
sites over which we exercise no control. Access to any of these third party
websites are solely at your own risk and NECIAP assumes no liability and is not
responsible for any content, the accuracy or reliability of any information,
data opinions, advice or statement made on these linked websites. Nor is NECIAP
liable for any security or security practices of these third party websites.
Use of these third party websites are entirely at your own risk. The inclusion
of any links does not imply any endorsement in any form on the part of NECIAP.
|
f. |
Acceptable Use of the NECIAP Websites |
top |
| |
You are responsible for any content that you post or transmit on or through the
NECIAP Websites. You agree to use the NECIAP Websites in a manner consistent
with all applicable laws and regulations. Specifically, you will not use the
NECIAP Websites to post, transmit, distribute, solicit or publish content that:
| |
| (a). |
contains any advertising and promotional message; |
| |
| (b). |
violates or infringes any laws, regulatory requirements or codes applicable in
Malaysia or in your country; |
| |
| (c). |
infringes or violates any copyright, trademark or any other intellectual
property, personal or proprietary rights of any person, or violates any
obligation of confidence or any other proprietary right; |
| |
| (d). |
contains any obscene, offensive, defamatory or otherwise actionable material; |
| |
| (e). |
undermines the security or integrity of the Websites, including without
limitation by importing any viruses, Trojan horses, time bombs or other
disabling devices intended to detrimentally interfere, damage, surreptitiously
intercept or expropriate such equipment, systems or networks; |
| |
| (f). |
contains any errors, whether technical or otherwise; or |
| |
| (g). |
contains any material in any form that would otherwise render NECIAP Websites
liable or expose NECIAP Websites to any proceedings whatsoever. |
|
|
You may not use any device, software or routine to interfere or attempt to
interfere with the proper working of the NECIAP Websites, or to impose an
unreasonable or disproportionately large load on the servers serving the NECIAP
Websites. NECIAP shall have the right (but not the obligation) in its sole
discretion to monitor, refuse or remove any content that is available via the
NECIAP Websites. Without limiting the foregoing, NECIAP shall have the right to
remove any content that violates these Terms of Use or is otherwise
objectionable.
|
g. |
Information Provided By You |
top |
| |
Any materials, information or idea you transmit or communicate to NECIAP
through the NECIAP Websites will be treated as non-confidential and
non-proprietary, and may be disseminated or used by NECIAP for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products and services incorporating such materials, information or
ideas. You grant to NECIAP a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sublicense, reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas for new or improved
products and services) which you submit to us by all means and in any media now
known or developed in the future.
You also grant to NECIAP the right (though you acknowledge and agree that
NECIAP shall not be so obliged) to use your name in connection with the
submitted materials and other information as well as in connection with all
related advertising, marketing and promotional material . You agree that you
shall have no recourse against NECIAP for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to us.
If it is subsequently discovered that you did not have the right to grant
unrestricted rights to the materials, information or ideas which you submitted
to NECIAP, you must indemnify and hold NECIAP harmless against any and all
claims, legal proceedings, liability or expenses (including, without
limitation, reasonable lawyers' fees and expenses of any type whatsoever),
brought against NECIAP in connection with alleged infringement of third party
rights in respect of the material, information or ideas that you submitted.
|
h. |
Applicable Law and Severability |
top |
| |
By using the NECIAP Websites, you agree that the laws of Malaysia, without
regard to its principles of conflict of laws, will govern these Terms of Use
and any dispute of any sort that may arise between you and NECIAP. You submit
to the non-exclusive jurisdiction of the courts in Malaysia.
If any part of these Terms of Use or other policies applicable to your use of
the NECIAP Websites is held to be invalid, void or for any reason
unenforceable, that part shall be deemed to be severed and will not affect the
validity and enforceability of the remaining terms or policies.
NECIAP's failure to insist upon or enforce strict performance of any provision
of these Terms of Use shall not be construed as a waiver of any provision or
right.
|
i. |
Access to Password Protected and Secure Areas |
top |
| |
Access to and use of password protected and/or secure areas of the NECIAP
Websites is restricted to authorized users only. Unauthorized individuals
attempting to access these areas of the NECIAP Websites may, in addition to
civil liability to us, be subject to criminal prosecution. Access to protected
areas and/or secure areas is subjected to further terms and conditions.
|
j. |
Your Account |
top |
| |
You are responsible for maintaining the confidentiality of your user ID and
password and for restricting access to your computer.
You agree to take full responsibility for all activities, transactions and
communications sent to us using your user ID and password. Where you conclude
transactions on behalf of your employer or principal, you warrant that you have
the authority to communicate and conclude transactions on your employer's or
principal's behalf.
We advise that you sign out of your NECIAP account and close your browser window
when you have concluded your communications or transactions. This is to prevent
others from sending information or communications using your user ID and
password or from gaining access to your personal information.
|
k. |
Other Terms and Policies
|
top |
| |
Your use of the NECIAP Websites is also subject to our other policies,
including, without limitation our Privacy Policy and or any other policies
posted on the NECIAP Website from time to time. These other policies may
similarly be modified from time to time, and such modifications will be posted
on the NECIAP Websites. You agree to review these policies periodically for
modifications, and your continued access and use of the NECIAP Websites is
deemed to be conclusive acceptance of the modified policies.
|
|
PRIVACY POLICY
|
This Privacy Policy sets out NECIAP's policy with respect
to our collection, use, and disclosure of personal information. This policy is
to be read in conjunction with the Website Terms of Use.
|
| a. |
Confidentiality |
top |
| |
NECIAP is committed to safeguarding your privacy whenever you provide us with
personal information. Information about our customers is an important part of
our business, and NECIAP is not in the business of selling or making your
personal data available to others except in the manner described in the Privacy
Policy. |
b. |
Information Request |
top |
| |
NECIAP may request and collect personal information about you or your company,
including, without limitation, your full name, title, company name, e-mail
address, postal address, telephone numbers, including mobile numbers, and some
information about the industry that you work in.
Typically, the request for personal information may occur in any of the
following events:
| |
| (a). |
when you register your interest in NECIAP products, services or special offers; |
| |
| (b). |
where we seek to improve our ability to serve you, for example, when you make
an inquiry or request; |
| |
| (c). |
where you have asked us to contact you; |
| |
| (d). |
when you voluntarily participate in any NECIAP contest, survey or promotion; |
| |
| (e). |
when you lodge a complaint or register a problem with one of NECIAP Websites or
services; |
| |
| (f). |
where you have registered to receive marketing information or product
information from NECIAP; |
| |
| (g). |
if you (either a Dealer or Distributor) wish to register as an online
authorized user of our B2B Portal; |
| |
| (h). |
if you make an on-line application to be a dealer or distributor. |
We may request or collect information in other scenarios, and unless we inform
you to the contrary, we will treat information you give us about yourself or
your company in accordance with this Privacy Policy.
|
c. |
Use of Information |
top |
| |
We use the information that you provide to us for purposes such as responding
to your requests, customizing information for you, improving our products and
services and communicating with you. We may also use this information for
planning, research, design and marketing our products and services. |
d. |
Outsourcing Partners |
top |
| |
NECIAP outsource some of it operations functions to third parties to perform
selective functions on our behalf, for example, order processing and delivery
fulfillment, technical helpdesk, providing customer support, sending postal and
email communications, analyzing data, providing marketing assistance,
conducting surveys and processing payments amongst others. These third parties
may have access to your personal information for the purpose of performing
these outsourced functions on behalf of NECIAP, but they cannot use it for
other purposes.
|
e. |
Enquiry from End-User |
top |
| |
NECIAP does not sell products or services directly to any end-users. If you are
an end-user who is interested in our products or providing feedback or
participate in surveys, we may share information which you send to us with our
outsourcing partners or business partners, dealers or distributors located near
you so that they can follow up with you. |
f. |
News and Marketing Communications |
top |
| |
If you had previously registered to receive marketing information from NECIAP
and would like to cancel this, please email us at
marketing@necinfrontia-ap.com quoting your full name, address and
postcode, and if these communications are by email, your email address. |
g. |
Permitted Disclosure |
top |
| |
We may release account and or other personal information when we believe
release is appropriate in compliance with law. This includes, without
limitation, rendering assistance to law enforcement, government or regulatory
authorities, exchanging information with other companies for fraud protection
and credit risk reduction, or pursuant to a court order or request from a
governmental authority.
|
h. |
Sites of our Business Partners or Suppliers |
top |
| |
Certain products and services may be made available through the NECIAP Website
but are provided by our business partners or suppliers, either through their
own websites or on websites which they share with NECIAP. When ordering, using
or purchasing products or services from these partners or suppliers you will be
entering into an agreement with that company, and not with NECIAP. In these
cases, this Privacy Policy does not apply and we take no responsibility for
information which you provide to them. Instead, the privacy policy, if any, of
that respective company providing the goods and or services will apply.
|
|
|
|
| |
|
 |
 |
 |
|