Disclaimers

Last Updated: 11 July 2013


MPHONLINE.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE MPHONLINE.COM EREADER SOFTWARE, OR ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE MPHONLINE.COM SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE MPHONLINE.COM SITE OR SERVICES. UNDER NO CIRCUMSTANCES SHALL MPHONLINE.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MPHONLINE.COM SITE OR SERVICES, FROM ANY CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, POSTED ON OR THROUGH THE MPHONLINE.COM SERVICES, FROM THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, OR FROM THE CONDUCT OF ANY USERS OF THE MPHONLINE.COM SITE OR MPHONLINE.COM SERVICES, WHETHER ONLINE OR OFFLINE.



WITHOUT LIMITING THE FOREGOING, NEITHER MPHONLINE.COM NOR ANY MPHONLINE.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE MPHONLINE.COM SITE, OR THE INFORMATION, CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, THE MPHONLINE.COM EREADER SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE MPHONLINE.COM SITE OR THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, SERVICE, THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, OR MERCHANDISE PROVIDED THROUGH THE MPHONLINE.COM SITE; OR (IV) THAT THE MPHONLINE.COM SITE, ITS SERVERS, THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, OR E-MAILS SENT FROM OR ON BEHALF OF MPHONLINE.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS.



MPHONLINE.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MPHONLINE.COM SITE, THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, OR ANY RELATED SERVICES. UNDER NO CIRCUMSTANCES SHALL MPHONLINE.COM OR ANY MPHONLINE.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MPHONLINE.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE MPHONLINE.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MPHONLINE.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, THE MPHONLINE.COM EREADER SOFTWARE, ANY THIRD PARTY SOFTWARES, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE MPHONLINE.COM SITE.



NEITHER MPHONLINE.COM NOR ANY MPHONLINE.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE MPHONLINE.COM SITE, THE MPHONLINE.COM EREADER SOFTWARE, OR ANY THIRD PARTY SOFTWARE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT, INCLUDING DIGITAL CONTENT, OR PRODUCT THEREFROM, EVEN IF MPHONLINE.COM OR ANY MPHONLINE.COM PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



The contents of this web site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refrain from making) any decision.


THIS WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MPHONLINE.COM MAKES NO AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, TITLE (SAVE FOR MPHONLINE.COM OWN PRODUCTS), NON-INFRINGEMENT AND AUTHENTICITY OF ANY MATERIAL OR CLAIM, AND TO ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OR TRADE.



NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MPHONLINE.COM OR ITS OFFICERS, DIRECTORS OR EMPLOYEES SHALL CREATE A WARRANTEE NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.



MPHONLINE.COM DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS ON SALE WILL ALWAYS BE AVAILABLE, NOR DOES IT WARRANT THAT THE PRICE OF THE PRODUCTS WILL REMAIN UNCHANGED THROUGHOUT.



REFUNDS WILL BE ONLY MADE FOR PRODUCT(S) ORDERED BY THE CUSTOMER THAT ARE OUT OF PRINT AND/OR PRODUCT(S) THAT WILL TAKE LONGER TO BE DELIVERED THAN THE STIPULATED TIME. REFUND IS SUBJECT TO CONFIRMATION AND AGREEMENT BY BOTH PARTIES.



MPHONLINE.COM DOES NOT WARRANT THAT THE SITE OR ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.



FURTHER, MPHONLINE.COM MAKES NO WARRANTY THAT THE CONTENTS OF THE WEBSITE ARE FREE FROM INFECTION OF VIRUSES OR ANYTHING ELSE, WHICH HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.



Limitation of liability

MPHONLINE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND FROM YOUR USE OR INABILITY TO ACCESS AND USE MPHONLINE.COM SITES OR SERVICES, ANY OF ITS CONTENTS OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF THE USE OF MPHONLINE.COM SERVICES.



Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MPHONLINE.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING INDEMNIFICATION OF LEGAL COSTS ON A FULL INDEMNITY BASIS ARISING OUT OF YOUR USE OF THE MPHONLINE.COM SITES AND SERVICES AND/OR YOUR BREACH OR ALLEGED BREACH OF ANY TERM OF THESE TERMS.



Web sites linked from MPHONLINE.COM sites and services

Certain links on MPHONLINE.COM sites and services may lead to sites not operated by or under the control of MPHONLINE.COM YOU ACCESS SUCH SITES AT YOUR OWN RISK AND MPHONLINE.COM ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF THE MATERIAL CONTAINED ON THOSE SITES. Some parts of the web site may contain advertising or other material submitted to MPHONLINE.COM by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the web site complies with international and national law. MPHONLINE.COM WILL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL. MPHONLINE.COM does not intend links or advertising material to be referrals or endorsements of the linked entities and the links are provided for convenience.



Materials submitted by other users such as yourself

Certain elements of the web site will contain communications, content and material submitted by other users such as yourself. In such cases, MPHONLINE.COM is a distributor and not a publisher of such communications, content and materials supplied by other users. MPHONLINE.COM cannot and does not exert any editorial control over such communications, content and material. Any opinion, advice, statement, service, offer or other information expressed or made available by other users on MPHONLINE.COM sites and services, are those of the respective authors and not of MPHONLINE.COM or its affiliates or any of their officers, directors, employees, or agents. It is your responsibility to evaluate any such opinion, advice, statement, service, offer, or other information contained in such communication, content or material.

UNDER NO CIRCUMSTANCES SHALL MPHONLINE.COM OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR RELIANCE ON ANY SUCH INFORMATION OBTAINED THROUGH MPHONLINE.COM SITES AND SERVICES



Copyright, Trade Mark and other Intellectual Property Rights

You acknowledge that all original content on this site such as text, graphics, logos, images, audio and video clips and software is protected by copyright, trade mark or other intellectual property right which is owned by MPHONLINE.COM or its affiliates. In addition, the compilation (meaning the collection, selection, co-ordination and arrangement) and the enhancement or any content on MPHONLINE.COM sites and services is also protected by copyright or other intellectual property right owned by MPHONLINE.COM or its content suppliers.

All trademarks appearing on this web site are the property of MPHONLINE.COM or the respective owners. All rights are reserved.

By submitting any communication, content or material to the Chat and Forum services, if any, or to MPHONLINE.COM for posting as a book review, you automatically warrant that you or the owner of such communication, content or material has expressly granted MPHONLINE.COM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the said communication content or material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such communication content or material. You also permit any other user to access, store, or reproduce such communication, content or material for that user's personal use. Subject to this grant, the owner of such communication, content or material placed on MPHONLINE.COM sites and services retains any and all rights, which may exist.



Limited permission to copy

You are permitted to print or download extracts from these pages for your personal use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purpose or to print extracts for personal use. Any other use is strictly prohibited.

By way of example, you may not:

  • modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit way of the content, in whole or in part;
  • use any of the services on MPHONLINE.COM or any element or portion thereof (including, without limitation) e-mail addresses of users for any commercial purpose whatsoever;
  • (whether directly or indirectly) create a database whether in electronic or structured manual form by regularly or systematically downloading or storing all or any part of these web pages whether or not for personal use.

No part of MPHONLINE.COM web sites may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service without MPHONLINE.COM's prior written permission.



Governing Law and Jurisdiction

You agree that all contracts between you and MPHONLINE.COM will be deemed for all purposes to have been concluded in Malaysia.

You agree that these Terms and the Conditions of Sale will be governed exclusively by the law of Malaysia without regard its conflict of law rules and that you irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.



Amendments and Prior Agreements

MPHONLINE.COM reserves the right to add to or change any or all of these Terms and the Conditions of Sale at any time. It is your responsibility to refer to these Terms and the Conditions of Sale on accessing MPHONLINE.COM sites and services. Changes will be effective after three hours after first posting and you will be deemed to have accepted any change if you continue to access MPHONLINE.COM sites and services after that time.

These Terms and Conditions of Sale constitute the entire Agreement between you and MPHONLINE.COM and governs your use of this service superseding any prior agreement between you and MPHONLINE.COM including but not limited to any prior version of these Terms and the Conditions of Sale.



Electronic Form

MPHONLINE.COM and you agree that these Terms and the Conditions of Sale in electronic form constitute a written document and therefore you undertake not to dispute or challenge the validity or enforceability of these Terms and the Conditions of Sale on the grounds that it is not a written document and MPHONLINE.COM and you hereby waive any such right you may have at law.

Further, you and MPHONLINE.COM agree to admit these Terms and the Conditions of Sale in electronic form as an original document, and will not challenge the admissibility of the terms of these Terms and the Conditions of Sale on grounds that the same were made in electronic form.



Severability

The provisions of these Terms and the Conditions of Sale are intended to be severable. If for any reason any provisions of these Terms and the Conditions of Sale shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Reference to other jurisdictions in this clause shall not be construed so as to affect the governing law of these Terms and the Conditions of Sale being the laws of Malaysia.



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