TERMS OF USE OF WEBSITE

INTRODUCTION

1. This terms of use (the “Terms of Use”) on which you may make use of our website www.vmall.my (the “Website”), whether as a guest or a registered user. By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.

2. We reserve the right to change these Terms of Use at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms of Use.

3. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

4. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

5. You agree to comply at all times with any instructions for use of the Website which we make from time to time.

AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

1. Whilst we endeavour to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable at any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

2. Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.

3. We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.

4. Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.

5. The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us.

6. All trademarks and logos displayed, mentioned or otherwise used in this Website are property of Huawei or other third parties as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of Huawei or such third party as applicable.

7. Only authorized users can have access to and make use of password protected and/or secure areas of this Website. Unauthorized users attempting to access such areas may be subject to prosecution.

REGISTRATION FOR THE SERVICE

1. If you would like to submit an order to the Website to purchase one of the products listed on the Website, you will need to register for an account on the Website (an “Account”) which you will be able to access on the Website through the “My Account” part of the Website.

2. Once you register with the Website, you will be asked to create a username for, and allocate a password to, your Account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your Account or any breach of security known to you.

3. Your must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you.

4. We reserve the right to close your Account, if you are found to have any intentions or actions that disrupts the Website in any way.

5. When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive, and to opt out of receiving information emails. You are able to unsubscribe from such information emails at any time by logging in to your Account or by sending an email to unsubscribe.

6. You may access information relating to your order submitted to the Website by logging in to your Account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, any bank details and any newsletter to which you may have subscribed.

LIMITATION OF LIABILITY

1. To the extent permitted by law, our total liability to you or any third party in relation to the use of this Website and/or any corresponding transactions made in the Website shall in no circumstances exceed ten percent (10%) of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising and, we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any indirect or consequential losses, damages, costs or expenses; loss of actual or anticipated profits; loss of contracts; loss of use of money; loss of anticipated savings; loss of revenue; loss of goodwill; loss of reputation; loss of business; loss of operation time; loss of opportunity; or loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.

THIRD PARTY WEBSITES

1. We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.

2. You must not without our permission frame any of the Website onto your own or another person’s website.

3. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: (a) you shall not make any warranties or representations about us, our services or our policies except with our prior express authorization; (b) you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and (c) you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.

SEVERABILITY

1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

GOVERNING LAW & DISPUTE RESOLUTION

1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.