NOTICE ON DISCLAIMER, COPYRIGHT AND LIMITATION OF LIABILITY
1. This notice applies to:
• the use of http://www.watsons.com.my;
• all information stored on or receivable through this or any other Watsons server ("Information"); and
• any goods or services offered, accessed or obtained through www.watsons.com.my or Watsons retail stores (collectlvely called "Watsons") by you ("the User").
This notice limits the liability of Watson's Personal Care Stores Sdn. Bhd. and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "A.S. Watson") in relation to any such use, Information, goods and services.
2. 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.
3. A.S. Watson expressly disclaims any responsibility, representation or warranty:
• in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, http://www.watsons.com.my or the Information;
• in relation to any goods or services accessed, offered or obtained through http://www.watsons.com.my or through the retail outlet of Watsons or pursuant to the Information;
• that any access to www.watsonsasia.com or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
• that the Information will not be objectionable or offensive to the User or any other person;
• for any error, omission or misstatement in or arising from the Information.
A.S. Watson does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute A.S. Watson's views or opinions. A.S. Watson 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 http://www.watsons.com.my unless and only to the extent expressly stated in writing otherwise.
Third Parties Websites
4. www.watsonsasia.com may contain materials produced by third parties or links to other websites. A.S. Watson 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 www.watsons.com.my) which are not under A.S. Watson's direct control. A.S. Watson reserves the right to require the removal of any link from another website to www.watsons.com.my which is installed without obtaining the prior written consent of A.S. Watson.
Limitation of Liability
5. A.S. Watson 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:
• any direct loss;
• any consequential or indirect loss (including without limitation loss of revenue or profits); or
• 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 www.watsons.com.my's use.
6. A.S. Watson does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through www.watsons.com.my. A.S. Watson's current practice is to take reasonable steps to maintain confidentiality.
Availability and Suitability of Services
7. A.S. Watson does not warrant that the information or materials contained in www.watsons.com.my are current or accurate or that any of the products or services featured on www.watsons.com.my is available. A.S. Watson may change the materials appearing on www.watsons.com.my at any time without notice.
8. In consideration of A.S. Watson allowing the User access to the Information and/or www.watsons.com.my , the User agrees:
• not to carry out or allow any Copyright Infringement;
• not to use the Information or the User's access to www.watsons.com.my for any illegal, improper, obscene or defamatory purpose;
• to take all steps to ensure the Information does not damage the User's information or systems;
• to ensure that all information which you provide to www.watsons.com.my is true and accurate to the best of your knowledge;
• to A.S. Watson conducting research on access to the Information;
• to all A.S. Watson's disclaimers and limitations of liability set out in this notice; and
• to A.S. Watson's personal data policies current from time to time applying.
You agree and undertake NOT to: (i) post, promote or transmit any materials or information through Watsons which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components that may detrimentally interfere with Watsons or its operation; (ii) use Watsons other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use any materials in Watsons other than as allowed under applicable laws; (iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) provide on Watsons data that are inaccurate and agree to take sole responsibility for such information and data; and (v) share or disclose your account information and password and shall be responsible for maintaining the confidentiality of the same by restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify us immediately if you have knowledge or have reason for suspecting that the confidentiality of your account has been compromised or that there has been any unauthorized use thereof.
Any feedback, comments, or suggestions (“Submission”) you may provide regarding the use of Watsons is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submission.
9. User agrees to hold A.S. Watson harmless and indemnify A.S. Watson against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of www.watsons.com.my in breach of the terms and conditions herein or negligence.
Law and Severability
10. Malaysian law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice 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 this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Bahasa, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.