1.

Agreement to and acceptance of the Terms of Use

1.1 By accessing and viewing and/or using this web site, you signify you have read, understood and agreed to these Terms of Use in full (as may be amended from time to time by Kingsmen Sdn Bhd (“KSB”)).
1.2  If you (the “User”) do not agree to these Terms of Use or any part thereof, you must not access or use the web site.
1.3 You are fully responsible to periodically check for any changes, modification or removal of any Terms of Use by Kingsmen Sdn Bhd ("KSB"). By continuing to access, view and use this website, you signify you have read, understood and agreed to any changes, modification or removal of any Terms of Use and continue to agree to the Terms of Use in full.
2.

COPYRIGHT © KINGSMEN SDN BHD 2015-2016. ALL RIGHTS RESERVED.

Copyright in all material on this web site including but not limited to the pages, the screens displaying the pages, and the information and material therein and in their arrangement, is owned by KSB unless otherwise indicated.
3.

Restrictions on Use of Materials

3.1 Trademark and Copyright
3.1.1 Unless otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this website (including but not limited to all designs, text, images, audio material, video material, audio-visual material or links) are the property of KSB.
3.1.2 The contents of this web site or any part thereof may not be appropriated or modified in any manner, reproduced, transmitted, published, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in any manner without the prior written consent of KSB.
3.1.2.1 For the avoidance of doubt and without limitation to the foregoing, the User shall not except with the prior written consent of KSB:
3.1.2.1.1 republish material from this web site (including republication on another web site);
3.1.2.1.2 sell, rent or sub-license material from this web site;
3.1.2.1.3 show any material from this web site in public;
3.1.2.1.4 reproduce, duplicate, copy or otherwise exploit material on this web site for a commercial purpose;
3.1.2.1.5 edit or otherwise modify any material on this web site; or
3.1.2.1.6 re-distribute material from this web site.
3.1.3 All trademarks, service marks, design marks and/or logos used in this web site are the property of KSB, its entities, and/or the respective third party proprietors identified in this web site. The access to and use of this web site shall not be construed as the granting, by implication, estoppel or otherwise, of any license or right to use any trademarks, service marks and/or logos appearing on the web site, unless the prior written consent of KSB and/or the respective third party proprietors (as the case may be) is obtained. Unless the prior written consent from the respective proprietor(s) is obtained, no such trademark, service mark, design mark and/or logo may be used as a hyperlink or to mark any hyperlink to any KSB web site or any other web site.
3.2 Hyperlink Policy
3.2.1 Save and except with KSB’s prior written consent, the User and/or any persons related to the User shall not insert a hyperlink to this web site or any part thereof on any other web site, or “mirror” or frame this web site, or any part thereof including but not limited to any information or materials contained in this web site, on any other server, web site or web page.
3.2.2 KSB reserves all rights to deny permission for any such links referred to in Clause 3.2.1 above. KSB is under no obligation to establish reciprocal links with any third party.
3.3 Hyperlinks and References to Third Parties
3.3.1 This web site may contain hyperlinks to web sites unrelated to KSB and/or references to names, marks, web sites, products or services of third parties (“Third Party References”). Such hyperlinks and/or Third Party References are provided for the User’s reference and convenience only and do not necessarily constitute or imply KSB’s endorsement, sponsorship or recommendation of the third party, information, product or service. The usage of such hyperlinks is at the User’s own risk and subject to any terms and conditions applicable to such access and/or use. In this regard, the User is solely responsible for all consequences of such access and/or use.
3.3.2 The User agrees to use this web site in accordance with these terms of use and for lawful and proper purposes and shall not:
3.3.2.1 upload, post, email, transmit or otherwise make available any content that is or may be unlawful, illegal, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or which gives rise to or may give rise to liability on KSB and its entities’ part;
3.3.2.2 upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
3.3.2.3 upload, post, email, transmit or otherwise make available any material that contains or may contain software viruses, spyware, Trojan horse, worm, keystroke logger, rootkit, other malicious computer software or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
3.3.2.4 interfere or attempt to interfere with the operation or functionality of this web site; or
3.3.2.5 obtain or attempt to obtain unauthorised access, by whatever means, to this web site or any of KSB’s systems.
4.

No Representation or Warranties

4.1 While every effort has been made to ensure that the information provided in this web site herein is up to date and accurate, neither KSB and its entities nor affiliates, subsidiaries, employees, agents, and representatives represent or warrant in any manner, either expressly or impliedly, as to the completeness, correctness, accuracy, suitability, reliability or otherwise of the web site, its contents or the results of its use for any purpose, all of which are provided on an “as is” and “as available” basis.
4.2 KSB and its affiliates, subsidiaries, employees, agents, and representatives do not warrant that this web site or this server that makes it available is free of any virus or other harmful elements.
4.3 To the maximum extent permitted by law, KSB and its affiliates, subsidiaries, employees, agents, and representatives disclaim all representations and warranties relating to the subject matter of these Terms of Use, this website and the access and/or use of this web site, including but not limited to all implied warranties and obligations of merchantability, fitness for a particular purpose, title and non-infringement.
5.

Limitation of Liability

5.1 The information contained in this web site shall be accessed and used at the User’s own risk and to the fullest extent permissible and subject and pursuant to all applicable laws and regulations of Malaysia.
5.2 KSB and its affiliates, subsidiaries, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever (including but not limited to liability for loss of use, data or profits) including but not limited to contract, negligence or other tortious actions, arising out of or in connection with this web site.
6.

Photos and Videos

6.1 The photos and videos displayed on this website were taken by photographers and videographers commissioned by KSB, courtesy of our direct and indirect clients, and were selected to contextualise and highlight KSB’s role in our clients’ projects. Whilst care has been taken to select the most appropriate photos and videos, KSB in no way represents that every and all element(s) in the projects shown in the photos and videos were undertaken by KSB.
7.

Forward-looking Statements

7.1 Some information contained in this website may contain forward-looking statements. Such forward-looking statements include but are not limited to statements relating to revenues and earnings. Without limitation to the foregoing, the words “plan”, “intend”, “expect”, “anticipate”, “project”, “estimate”, “forecast”, “predict”, “is confident”, “has confidence” and similar expressions are intended to identify forward-looking statements. For the avoidance of doubt, such forward-looking statements are not historical facts but are based on the current beliefs, assumptions, expectations, estimates, and projections of the directors and management of KSB about the business, the industry and the markets in which KSB operates.
7.2 Such forward-looking statements are not guarantees of future performance by KSB and/or other third parties and are subject to risks, uncertainties and other factors, some of which are beyond KSB’s control and are difficult to predict. Consequently, actual results could differ materially from those expressed, implied or forecast in such forward-looking statements.
7.3 Reliance should not be placed on such forward-looking statements, which reflect the views of the directors and management of KSB as at the date the information was uploaded to the web site. KSB undertakes no obligation to publicly revise such forward-looking statements to reflect events or circumstances that may arise after the publication of such forward-looking statements on this web site.
8.

Modifications

8.1 KSB reserves all rights to make any and all changes in this web site at its sole discretion without prior notice to the User.
8.2 KSB reserves the right to deny access to this web site to anyone at any time without prior notice.
8.3 Materials on this web site may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. KSB may make improvements and/or changes in the products, services and/or programs described in these materials at any time without prior notice to anyone.
9.

User Submissions

9.1 All information submitted to KSB and its entities via this web site (“User Submissions”) shall be deemed to be and remains the property of KSB which shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in such information any User of this web site provides to KSB through this web site, subject to the limitations of Clause 9.6.
9.2 The User warrants that all User Submissions are true and not illegal or unlawful, do not infringe any third party’s legal rights, and are not capable of giving rise to legal action whether against KSB or a third party under any applicable law(s). The User further warrants that all User Submissions are not and have not been the subject of any threatened or actual legal proceedings or other similar complaint.
9.3 The User agrees to fully indemnify and hold harmless KSB and its entities for any and all liability that may arise by KSB’s use of User Submissions that are in breach of Clause 9.2.
9.4 Subject to Clause 9.6, the User agrees that the submission of such information amounts to a grant to KSB of a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any such User information in any existing or future media. The User further grants to KSB the right to sub-license such rights and the right to bring an action for infringement of these rights.
9.5 KSB shall not be subject to any obligations of confidentiality or privacy regarding such User Submissions, except as otherwise agreed by KSB and its entities having a direct customer relationship with the User in question or as otherwise specifically agreed or required by law.
9.6 Personal Data Policy
9.6.1 The supply of personal information to KSB via this web site, for any purposes and at any time, is entirely voluntary. Personal information may include names, telephone numbers, mailing addresses and e-mail addresses. It is KSB’s responsibility to specify the collection purpose and intended usage of such data when the User is invited to provide such information.
9.6.2 Unless otherwise disclosed at the time of collection, KSB shall not share with any unaffiliated third party any personal information the User submits through this web site, unless it is necessary to respond to the User’s inquiry, or to comply with applicable law(s).
9.6.3 KSB may use aggregate information for the following purposes:
9.6.3.1 To improve and enhance the Users’ experience on this web site;
9.6.3.2 To customise, measure and further develop KSB’s website and/or services;
9.6.3.3 For the purposes of KSB’s research activities; or
9.6.3.4 To inform the User about KSB’s services and/or service updates.
10.

Indemnity

10.1 The User hereby indemnifies KSB and its entities and undertakes to keep KSB and its entities indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KSB and its entities to a third party in settlement of a claim or dispute incurred or suffered by KSB and its entities arising out of any breach by the User of any provision of these Terms of Use, or arising out of any claim that the User has breached any provision of these Terms of Use.
11.

Assignment

11.1 KSB may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Use without notifying the User(s) or obtaining its/their consent.
11.2 The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.
12.

Severability

12.1 If a provision of these Terms of Use is determined by any Court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13.

Entire agreement

13.1 These Terms of Use constitute the entire agreement between the User and KSB and its entities in relation to the User’s access and/or use of this web site, and supersede all previous agreements in respect of the User’s access and/or use of this web site.
14.

Governing Law and Jurisdiction

14.1 The abovementioned Terms of Use shall be governed by and construed in accordance with the laws and regulations of Malaysia, and the User agrees to submit to the exclusive jurisdiction of the Courts of the Republic of Singapore in the event of any dispute arising out of the use of or in connection with this web site and/or the abovementioned Terms of Use.

 

The full name of our company is Kingsmen Sdn Bhd.

Our registered address is No. 5 Jalan 6/2B, Taman Industri Selesa Jaya, 4300 Seri Kembangan, Selangor Malaysia.

For further information or enquiries, please write to kingsmen@kingsmen.com.my.