Terms of Use
USER AGREEMENT
Application
This Terms applies to:a. | the use of www.chopinsociety.com.my ("Website"); |
b. | all information stored on or receivable through the Website or any other Website server ("Information"); and |
c. | any goods or services offered, accessed, obtained or purchased through the Website by you ("the User"). |
This Terms governs the use of the Website, the sale and purchase of products or services at CHOPIN SOCIETY through the Website and limit the liability of Chopin Society and its associated companies, holding companies, subsidiaries, employees, agents, contractors and any third party Information provider in relation to any such use, Information, goods and services.
Part I : Terms regarding the Use of the Website
Disclaimer of Warranties
You expressly understand and agree :
a. | in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, the Website or the Information; |
b. | in relation to any goods or services accessed, offered or obtained through the Website or pursuant to the Information; |
c. | that any access to the Website or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties; |
d. | that the Information will not be objectionable or offensive to the User or any other person; or |
e. | for any error, omission or misstatement in or arising from the Information. |
Chopin Society does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute Chopin Society’s views or opinions. Chopin Society will not be a party to any transaction between the User and any third person in any way relating to the Information or made through the Website unless and only to the extent expressly stated in writing otherwise.
Copyright
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.
Limitation of Liability
You expressly understand and agree that to the extent permitted by law, Chopin Society shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. | any direct loss; |
b. | any consequential, indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits, goodwill, use, data or other intangible losses); and |
c. | the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the use of the Website. |
Provision of Service & Data
All services offered on the Website ("Services") shall, unless explicitly stated otherwise, be subject to these terms and conditions. You understand and agree that Chopin Society assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
a. | transmissions over various networks; and |
b. | changes to conform and adapt to technical requirements of connecting networks or devices. |
Chopin Society shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
Registration
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
a. | provide true, accurate, current and complete personally identifiable information about yourself as required; |
b. | provide true, accurate, current and complete information about any contents posted or offered by you through any Websites ("Other Information"); and |
c. | maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete. |
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or Chopin Society has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, Chopin Society has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Minors
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. Chopin Society presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. Chopin Society is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, Chopin Society reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Website.
Chopin Society Privacy Policy
Personally identifiable information is subject to our Privacy Policy. Please see our Terms of Privacy Policy & Personal Data Collection.
Confidentiality
You agree and accept that, given the nature of the Internet, Chopin Society does not warrant (and accepts no responsibility for) confidentiality of any transmission of personally identifiable information, other Information or data through the Website. Chopin Society’s current practice is to take reasonable steps to maintain confidentiality.
User's Obligations
In consideration of Chopin Society allowing you to access to the Information and/or the Website, you agree:
a. | not to carry out or allow any Copyright Infringement; |
b. | not to use the Information or the User's access to the Website for any illegal, improper, obscene or defamatory purpose; |
c. | to take all steps to ensure the Information does not damage the User's information or systems; |
d. | to ensure that all information which you provide to the Website is true and accurate to the best of your knowledge; |
e. | to Chopin Society conducting research on access to the Information; |
f. | to all Chopin Society disclaimers and limitations of liability set out in this notice; |
g. | to Chopin Society’s personal data policies current from time to time applying; or |
h. | not to assign your rights to any third parties without the prior written consent of Chopin Society. |
Third Parties Websites
The Website may contain materials produced by third parties or links to other websites. Chopin Society accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website) which are not under Belliocose’s direct control. When you activate any such links, you leave the Website and access such sites or pages at your own risk and Chopin Society shall not be responsible or liable for any contents, advertising, products, or other materials on or available from such sites or pages. You further acknowledge and agree that Chopin Society shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such contents, goods or services available on or through any such sites or pages. Chopin Society reserves the right to require the removal of any link from another website to the Website which is installed without obtaining the prior written consent of Chopin Society.
Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotion of third parties placing advertisements on the Website or other parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third parties. You agree that Chopin Society shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Online Payment
Introduced or mentioned in or via the Website being effected by the payment platform provided by us, notwithstanding anything herein contained, Chopin Society shall not be liable to you for and in respect of any loss or damage (including indirect and consequential losses and damage) suffered by you in connection with any on-line payments made by you by reason of :
a. | any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways of the relevant banks and/or third party merchants for processing credit/debit/smart card or other payment facilitating mechanism; |
b. | any error in or omission from any information or message transmitted from the said payment gateways; |
c. | any breakdown, malfunction or failure of those gateways; and |
d. | anything arriving out of or in connection with them. |
Modifications of Services
Chopin Society reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Chopin Society shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Indemnity
User agrees to hold Chopin Society harmless and indemnify Chopin Society against all losses, damages, claim, demands, proceedings, liabilities, costs (including legal costs), and expenses in connection with your use of the Website in breach of the terms and conditions herein or negligently.
Availability and Suitability of Services
Chopin Society does not warrant that the information or materials contained in the Website are current or accurate or that any of the products or services featured on the Website is available. Chopin Society may change the materials appearing on the Website at any time without notice.
Part II : General Terms
Assignment and TerminationUnless otherwise expressly stated herein, your rights under these terms and conditions are not assignable. Chopin Society reserves the right to deny access to or the use of the Website by any User at any time without prior notice.
Law and Severability
The Terms shall be construed in accordance with, and this agreement is governed by the laws of Malaysia and each part of these terms and conditions shall apply to the extent permitted thereby. Any part of these terms and conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of these terms and conditions nor affect the validity or enforceability of that part in any other jurisdiction.
Please note that these terms and conditions may be amended from time to time without prior notice. You are advised to check it on a regular basis.