1. Michelin is pleased to welcome you to this Internet Site www.michelin.com.my. As used in this Agreement the terms “you” and ‘your” refers to a visitor of this Site and the terms “Michelin”, “us”, “our” and “we” refers to Michelin Malaysia Sdn. Bhd. and its affiliates, sister and parent concerns.
2. Please read the terms set out hereunder carefully before consulting this Site. By proceeding with the use of this Site or any its links or services you will be deemed to have consented to the terms set out hereunder.
3. If you do not agree with the terms set out hereunder, please exit and do not view this Site.
4. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of the terms set out hereunder at any time. The terms set out hereunder may be modified occasionally, so kindly check this page regularly. By using this Site after any changes are posted to the terms set out hereunder or you are otherwise notified of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to the changes, you should not use the Site and you should arrange to cancel any registered user account or subscription (if any) with us.
(a) Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display the Site and the material provided hereon, for your personal, noncommercial use, provided that you comply fully with the provisions of the. You also understand that the information shared with you is for your personal use only and may not be suitable or applicable to others.
(b) In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted (iii) restricting or terminating any user's right to use the Site and/or any services, and (iv) restricting or modifying in any manner any services that are available on the Site. You agree that any termination or cancellation or modification of your access to, or use of, the Site may be effected without prior notice.
(c) If you do not abide by the terms set out hereunder, except as we may otherwise provide from time to time, you agree that we may immediately stop your visit to the Site and/or bar any further access to our Site (or part thereof). Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Site.
(d) You agree that the Site shall be used in a reasonable and lawful manner only and that communications will not be obscene, indecent or offensive in any way. You agree to refrain from conduct on the Site or in connection with the Site that would constitute a criminal offense or give rise to a civil liability, or constitute a violation of any law or regulation.
(f) You agree to indemnify us and our affiliates, directors, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your postings, or from your use of material obtained through the Site, or from your breach of this Agreement, or from your use of the terms set out hereunder.
(g) YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE AND ANY ADVISE IS PROVIDED "AS IS," AND MICHELIN OR EMPLOYEES OR DIRECTORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY MATERIAL ON THE SERVICE.
WHILE EVERY CARE IS TAKEN, MICHELIN OR EMPLOYEES OR DIRECTORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED.
NEITHER MICHEILN OR EMPLOYEES OR DIRECTORS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE INFORMATION PROVIDED AT THIS SITE IS OF A GENERAL NATURE. TIRE USAGE RECOMMENDATIONS MAY BE AFFECTED BY FACTORS SUCH AS GEOGRAPHIC LOCALE, VEHICLE AGE AND CONDITION, AND PERSONAL DRIVING HABITS. PLEASE CONSULT YOUR AUTHORIZED MICHELIN DEALER OR REPRESENTATIVE BEFORE MAKING ANY PURCHASING DECISIONS.
MICHELIN OR EMPLOYEES OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES ALLEGEDLY SUFFERED OR ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
(h) The Site contains copyrighted material, content, trademarks, and other proprietary information including, but not limited to, photos, graphics, text, software, music, sound and videos. Michelin owns all Intellectual Property rights in the collective and entire work placed on the Site. You are prohibited from, and agree not to publish, copy, or in any way exploit, any of the content of the Site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, publication, or commercial exploitation of material accessed or downloaded from the Site will be permitted without the express written consent of Michelin. You agree that you do not acquire any ownership rights by copying or downloading copyrighted material. You hereby grant to Michelin a royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display any content posted on the Site by you, in whole or in part. The items presented on this Site may be modified without notice and are provided with no guarantee whatsoever, whether express or implied, and may not give rise to any right to compensation.
(i) The alteration and modification of content or its use for a purpose other than that authorized constitutes an infringement of Michelin’s or third parties’ proprietary rights. Within the limits set out below, Michelin grants you the right to download and circulate the content (i) when the downloading function exists, (ii) for non-commercial purposes, (iii) in good faith, and (iv) while retaining intact the proprietary information or the website publishing date shown on the content. This right may not under any circumstances be interpreted as a license, in particular a trademark or logo license.
(j) You agree that the jurisdiction for any legal action or proceeding in relation to the use of this shall be Law of Malaysia. You expressly agree to submit to the venue of courts at Malaysia.
(k) If any provision of the terms set out hereunder or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.