GMG SEA (Malaysia) Sdn. Bhd.(formerly known as RSH (Malaysia) Sdn Bhd)(“GMG”) is the authorized licensee and distributor of Timberland products in Malaysia and operates https://www.timberland.com.my/ directly or through authorized third parties. GMG and its affiliates (collectively, “Timberland”, “we”, “us” and “our”) provide you with access to the web sites, including, without limitation:
- https://www.timberland.com.my/and any additional marketing sites that we may create from time to time (the “Marketing Sites”): and
- any additional shopping sites that we may create from time to time (the “Shopping Sites”) to purchase product and also as a resource for information and entertainment (the Marketing Sites and Shopping Sites are collectively referred to as the “Web Sites”). For the sake of clarity and avoidance of doubt, only sites owned and operated by us are subject to this Singapore Web Site Terms of Use (the “Terms of Use”). Your access to and use of the Web Sites is governed by the Terms of Use and the Terms of Trade found on each Shopping Site.
Some of the Web Sites may permit you to order products or services. Your purchase of products or services is subject to and governed by supplementary and additional terms and conditions, including the Terms of Trade found at each Shopping Site. Please review all applicable supplementary and additional terms and conditions carefully before placing an order for products or services.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE WEB SITES. WE MAY REVISE THESE TERMS OF USE FROM TIME TO TIME IN OUR DISCRETION AND POST ANY CHANGES TO OUR WEB SITES. WHERE WE DO MAKE SUCH REVISIONS, THEY WILL BE EFFECTIVE IMMEDIATELY UNLESS A MINIMUM DURATION FOR ANY REVISIONS TO TAKE EFFECT IS STIPULATED UNDER LOCAL LAWS. YOU MAY CHECK THE LAST TIME THESE TERMS OF USE WERE REVISED BY REFERRING TO THE DATE STIPULATED BELOW.
YOUR ATTENTION IS DRAWN SPECIFICALLY TO SECTIONS 8 AND 9 WHICH SET OUT IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU.
YOUR USE OF ANY OF THE WEB SITES CONFIRMS YOUR UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE THEN CURRENT TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE ANY OF THE WEB SITES.
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Permitted Uses Of The Web Sites; Restrictions.
(a) You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Web Sites in a manner that: (i) is inconsistent with these Terms of Use; (ii) violates any applicable law, rule, regulation or order, or (iii) could damage, disable, overburden, or impair any of the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites.
(b) You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Sites any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). Whilst we take all reasonable steps to ensure that the Web Sites are free from Viruses, we do not guarantee that this will be the case at all times. You may not use the Web Sites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Sites. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Web Sites. If you download software or any other content from the Web Sites, you do so at your own risk.
(c) The Web Sites and all text, audio, video, pictures, music, images, graphics, information, content, and other material displayed on, or downloadable from, the Web Sites are either the property of, or used with permission by, Timberland, its licensors or its content providers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information located on the Web Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information for any public or commercial purpose. Any unauthorized use of any such information may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Web Sites.
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Accuracy Of Information.
We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, the information on any of the Web Sites may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Web Sites.
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Trademarks.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks owned by Timberland. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Timberland. Nothing contained on any of the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Web Sites without our written permission or the written permission of such third-party owner.
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Linking To The Web Sites.
Any permitted links to the Web Sites must comply with all applicable laws, rules and regulations and any applicable policies of Timberland. If you intend to create any link from another web site to any page on the Web Sites, you will inform us via email at:cs-timbs.my@gmg.com. We reserve the right to prohibit any such link at any time. Running or displaying the Web Sites or any information displayed on the Web Sites in frames or similar means on another web site without our prior written permission is prohibited.
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Third-Party Links.
From time to time, the Web Sites may contain links to other web sites that are not owned, operated or controlled by us or our affiliates (“Third-Party Sites”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Sites. Neither we nor any of our affiliates are responsible for any content or other information located on or accessible from any Third-Party Site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or other information located at, or accessible from, such Third Party Sites, or the results that you may obtain from using such Third-Party Sites. If you decide to access any Third-Party Site linked to or from the Web Sites, you do so entirely at your own risk.
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User Information.
Other than personally identifiable information, which is subject to Timberland’s Malaysia Web Site Privacy Policy, any material, information, suggestions, content, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to any of the Web Sites in any manner (“User Communications”) are and will be considered non-confidential and non-proprietary. Accordingly, do not transmit or post any information, suggestions, photographs, content, ideas, concepts, know-how, techniques, questions, comments, opinions or other communications you wish to be kept confidential or for which you expect compensation, acknowledgement or attribution. You hereby grant to us, and our respective affiliates and/or designees, a perpetual, royalty-free, irrevocable, worldwide license to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes without the need for any acknowledgement, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web sites and have all relevant licenses and consents from any relevant third parties. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications in our sole discretion.
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Inappropriate Material.
You are prohibited from posting or transmitting to any of the Web Sites any User Communication that we reasonably believe to be: (i) unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, profane; (ii) invasive of privacy or personal information; (iii) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iv) of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information; (v) advertising or an offer to sell or buy any goods or services; (vi) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vii) otherwise objectionable or in violation of applicable law, rule, regulation or order. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from any of the Web Sites of objectionable User Communications. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.
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DISCLAIMERS.
YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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LIMITATIONS OF LIABILITY.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEB SITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITES. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITES, ANY WEB SITES LINKED TO THE WEB SITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH ANY OF THE WEB SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITES. NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE, OR PURPORT TO LIMIT OR EXCLUDE, OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR FOR FRAUD.
THE DISCLAIMERS IN SECTIONS 8 AND 9 ABOVE DO NOT APPLY TO PRODUCTS WHICH ARE DEALT WITH IN OUR TERMS OF SALE ON THE SHOPPING SITES.
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Indemnification.
UNLESS PROHIBITED BY APPLICABLE LOCAL MANDATORY LAW, YOU AGREE TO INDEMNIFY AND HOLD US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS AND RETAIL PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION ARISING FROM OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF USE. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
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Choice Of Law; Jurisdiction.
These Terms of Use will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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Copyright Infringement Notice.
(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. All notifications of claimed copyright infringement should be sent to the following;
Legal Director- GMG SEA (Malaysia) Sdn. Bhd. (formerly known as RSH (Malaysia) Sdn Bhd)
Level 21 Menara Exchange106, Lingkaran TRX, Tun Razak Exchange, 55188 Kuala Lumpur, Federal Territory of Kuala Lumpur.
or, via email to LEGAL.SEA@GMG.COM
(b) All claims of infringement must be in writing and must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Privacy.
Please review our Malaysia Timberland Web Site Privacy Policy, which applies to and governs the collection and use of your personal information submitted through the Web Sites.
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Children.
(a) Access to and use of the Web Sites is made available only to people who can form legally binding agreements under applicable law. The Web Sites are intended for a general audience and are not intended to be used by minor children. Children accessing the Web Sites should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Web Sites, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Web Sites; and (iii) the consequences of any use of the Web Sites by such Minor.
(b) Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website- http://www.getnetwise.org/(GetNetWise is not owned, operated, endorsed by or affiliated with Timberland).
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Termination.
We may suspend or terminate your use of the Web Sites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
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Statutory Rights.
Nothing in these Terms of Use shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.
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Miscellaneous.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, rule, regulation or order, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Web Sites.
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Additional Assistance.
For questions or concerns relating to the Web Sites, please contact us at:
GMG SEA (Malaysia) Sdn. Bhd.(formerly known as RSH (Malaysia) Sdn Bhd)
Level 21 Menara Exchange 106,
Lingkaran TRX, Tun Razak Exchange,
55188 Kuala Lumpur, Federal Territory of Kuala Lumpur.
