TERMS & CONDITIONS
Welcome to our website. If you continue to browse and use this website you are deemed to agree to comply with and to be bound by the terms and conditions of use set out below. The term “EXSIM Group” or “us” or “we” refers to EXSIM Development Sdn Bhd (Registration No. 201301038033 (1067862-K)) and its Group of Companies, including Exsim Caldwell (Ipoh) Sdn Bhd (1359507-T), the owner of the website, whose registered office is No. 18, Block 2, Jalil Link, Jalan Jalil Jaya 2, Bukit Jalil, 57000 Kuala Lumpur.
This website belongs to EXSIM Group. The copyright to the contents of this website is owned by or licensed to EXSIM Group. This website is intended for personal use, reference, illustration and information purposes only and shall not be copied, used, redistributed or published in any manner without the written permission of EXSIM Group. Any unauthorized use of any part of this website is strictly prohibited.
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this website belong to EXSIM Group. Nothing contained on this website should be construed as granting any license or right to use any Trademarks displayed on this website. Any use/misuse of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms and Conditions, is strictly prohibited. EXSIM Group reserves the rights to bring any action arising from the improper or unauthorised use of this website, including any action for infringement of its trademarks and other intellectual property rights.
DISCLAIMER/LIMITATION OF LIABILITY
EXSIM Group does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, including all such information changed, varied or modified herein. You acknowledge that such information and materials may contain inaccuracies or errors and EXSIM Group expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Any use of any information or materials on this website is entirely at your own risk, for which EXSIM Group shall not be liable. It shall be your own responsibility to conduct your own due diligence on any materials or information available through this website.
Neither EXSIM Group nor any other party involved in creating, producing or delivering this website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this website. Without limiting the foregoing, everything on this website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EXSIM GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS OF PROFITS, INJURIES, SAVINGS OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE INFORMATION PROVIDED FROM THIS WEBSITE.
You shall indemnify and keep EXSIM Group indemnified against all claims, damages, actions and proceedings made or brought against the EXSIM Group arising from your use of this website and/or use of any materials obtained from this website and/or any breach of terms in relation thereto by you.
LINKS TO OTHER WEBSITES
The links to other websites provided herein are merely for your convenience and do not signify that EXSIM Group endorses such websites. EXSIM Group bears no responsibility for the contents of such other websites and shall not be held liable for any loss, damages or injury directly or indirectly arising there from. You shall view any of the linked websites at your own risk.
We make no promise that materials on the website 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 Website from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
EXSIM Group reserves the rights to change, vary or modify any of the information and terms contained herein without notice. Your continued use of the website after such change has been posted shall constitute your unconditional acceptance of such revised website. If you do not wish to accept the revised website, you should not continue to use the website. If you continue to use the website after the date on which the change comes into effect, your use of the website indicates your consent to be bound by the revised website.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and you shall submit to the exclusive jurisdiction of the courts of Malaysia.
If you breach these Terms and Conditions, no failure or delay by the EXSIM Group to exercise any right or remedy provided under these Terms and Conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions. EXSIM Group will unilaterally decide in its sole discretion a substitute provision, without having to notify or secure any approval of you, which is valid and enforceable.