Disclaimers
You acknowledge and agree that:
- Although we strive to provide on Excel Web Sites the latest developments relating to our products and services, and other information about Excel we do not warrant the accuracy, effectiveness and suitability of any information contained in Excel Web Sites. Each person assumes full responsibility and all risks arising from the use of Excel Web Sites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Sky Plus Tradingreserves the right to make additions, deletions, or modifications to the information contained on Excel Web Sites at any time without any prior notification.
- Excel MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON KV Master WEB SITES. KV Master HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL Excel BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF KV Master WEB SITES, AND/OR THE INFORMATION OR CONTENT POSTED ON KV Master WEB SITES, REGARDLESS OF WHETHER Excel HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- Excel is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on Excel Web Sites, Excel will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on Sky Plus Trading Web Sites. Such information should, therefore, be considered as suspect and is not endorsed by Excel .
Privacy And Security
Excel is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to Excel Web Sites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using Excel Web Sites, you agree to be bound by that Privacy Policy.
You recognise and agree that when submitting your personally identifiable information to Excel Web Sites, while Excel has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, Sky Plus Trading SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER. EVEN IF KV Master HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, KV MASTER DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
LIMITATION OF LIABILITY
Excel does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through Excel Web Sites. Reliance on these materials, information and opinions is solely at your own risk. Excel disclaims any liability for injury or damages resulting from the use of Excel Web Sites, or the content contained thereon.
Excel WEB SITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH KV Master WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL Excel OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER ” Excel PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Excel WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH Excel WEB SITES OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN Excel WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Excel AND WHETHER OR NOT Excel HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to Excel Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO Excel WEB SITES.
Terms Of Use
These Online Terms of Use govern your access to web sites controlled by Excel (“Excel Big Bulk Sdn. Bhd.”), including its subsidiaries and affiliates (together referred to as “Excel” which link to these Online Terms of Use (together referred to as “Excel Web Sites”). These Online Terms of Use do not apply to third-party web sites to which Excel Web Sites may link save as otherwise provided herein. Your use of Excel Web Sites is subject to these Online Terms of Use and the Privacy Policy.
Without prejudice to your rights under applicable law, Excel reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If Excel changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using Sky Plus Trading Web Sites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing Excel Web Sites. If you disagree with these Online Terms of Use, or are dissatisfied with Excel Web Sites, your sole and exclusive remedy is to discontinue using this Excel Web Site.
Agreement
You understand, acknowledge, and agree to the following:
- By using Excel Web Sites, you agree not to disrupt or intercept our electronic information posted on Excel Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of Excel Web Sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
- Except as expressly stated and agreed upon in advance by Excel no confidential relationship shall be established in the event that any user of Excel Web Sites should make any oral, written or electronic communication to Excel (such as feedback, questions, comments, suggestions, ideas, etc.). If any Excel Web Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number, email address), Excel shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Sky Plus Trading shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Excel is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
Intellectual Property
The information, documents, and related graphics published in Excel Web Sites (the “Information”) are the sole property of Excel, except for information provided by third-party providers under contract to Excel . Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Excel Web Site are used separate from accompanying text. Excel is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Sky Plus Trading.
No use of any Excel trademark, trade names, and trade dress inExcel Web Sites may be made without the prior written authorisation of Excel , except to identify the product or services of the company.
General
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.