WEBSITE TERMS OF USE

 

This website is owned and operated by Sutera Energy Solutions Sdn. Bhd. (“Sutera Energy Solutions”/“Sutera Energy”), to provide you with information about our business as well as the capabilities and services we offer. Throughout the site, the terms “we”, “us” and “our” refer to Sutera Energy. Please read this Website Terms of Use very carefully before using our website.

  1. Introduction

1.1     This Website Terms of Use (“Disclaimer”) shall govern your use of our website.

1.2     If you continue to browse and use our website, you are agreeing to comply with and be bound by this Disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, please do not use our website.

1.3     Our website uses cookies; by using our website or agreeing to this Disclaimer, you consent to our use of cookies in accordance with the terms of our Privacy Policy >>.

  1. Copyright Notice

2.1     Copyright (c) 2017 SUTERA ENERGY SOLUTIONS.

2.2     Subject to the express provisions of this Disclaimer:

(a)     You should not plagiarize the copy right, trademark or any other intellectual property rights of Sutera Energy or third parties applied or utilised in our website. All the copyright and other intellectual property rights in our website and the material on our website belong to Sutera Energy or are licensed to Sutera Energy from their respective owners.;

(b)     You are absolutely prohibited to duplicate, distribute, transfer, translate, use, reproduce, commercialised or reuse the copyrighted content, trademarks, images or any other content to which intellectual property rights of Sutera Energy, and its licensors; and

(c)     all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to Use our Website

3.1     You may:

(a)     view pages from our website in a web browser;

(b)     download pages from our website for caching in a web browser; and

(c)     print pages from our website,

subject to the other provisions of this Disclaimer.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of this Disclaimer, you must not download any material from our website or save any such material to your computer.

3.3     You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4     Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our website (including republication on another website);

(b)     sell, rent or sub-license material from our website;

(c)     show any material from our website in public;

(d)     reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or

(e)     redistribute material from our website.

3.5     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3.6     Nothing in this clause 3 should be construed as granting by implication or otherwise, any license or right to use any copyrights, trademark or other intellectual property rights displayed without the written permission of Sutera Energy, or such third party who own the copyrights, trademark or intellectual property rights without permission of Sutera Energy or such third party who owns the copyrights, trademarks or intellectual property rights.

  1. Acceptable Use

4.1     You must not:

(a)     use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)     use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software that may result in the introduction or exposure of harmful programs to our website;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)     access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website;

(g)     use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(h)     illegally access to the server computer of our website and carry out any harmful activities that compromises the security of the said server or

(h)     conduct any other acts that Sutera Energy deems as inappropriate.

4.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Limited Warranties

5.1     We do not warrant or represent:

(a)     the reliability, suitability, completeness or accuracy of the information published on our website;

(b)     that the material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

5.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.3     To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this Disclaimer, our website and the use of our website.

  1. Limitations and Exclusions of Liability

6.1     Nothing in this Disclaimer will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

6.2     The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:

(a)     are subject to Section 6.1; and

(b)     govern all liabilities arising under this Disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6     We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7     We will not be liable to you in respect of any special, indirect or consequential loss or damage or punitive damages, including without limitation to lost revenues or lost profits, which may result from the use of, access to, or inability to use our website.

6.8     You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this Disclaimer.

  1. Indemnity

You hereby indemnify Sutera Energy and to keep Sutera Energy indemnified against any losses, damages, liabilities and expenses (including without limitation legal expenses and any amounts paid Sutera Energy to any third party in settlement of claim or dispute) incurred or suffered by Sutera Energy arising out of any breach by you of any provision of this Disclaimer.

  1. Variation

8.1     We may revise this Disclaimer from time to time.

8.2     The revised Disclaimer shall apply to the use of our website from the time of publication of the revised Disclaimer on the website.

  1. Severability

9.1     If a provision of this Disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2     If any unlawful and/or unenforceable provision of this Disclaimer 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.

  1. Entire Agreement

10.1   The failure of us to exercise or enforce any right or provision of this Disclaimer shall not constitute a waiver of such right or provision.

10.2   This Disclaimer and any policies or operating rules posted by us on this website or with respect to our services constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written between you and us.

10.3   Any ambiguities in the interpretation of this Disclaimer shall not be construed against the drafting party.

  1. Law and Jurisdiction

11.1   This Disclaimer shall be governed by and construed in accordance with Malaysian Law.

11.2   Any disputes relating to this Disclaimer shall be subject to the jurisdiction of the courts of Malaysia.

  1. Our Details

12.1   This website is owned and operated by Sutera Energy Solutions.

12.2   We are registered in Malaysia under registration number 883329K with the Companies Commission of Malaysia/Suruhanjaya Syarikat Malaysia (SSM), and our registered address is 36A Jalan Datuk Sulaiman, Taman Tun Dr. Ismail, 60000 Kuala Lumpur, Malaysia.

12.3   Our principal place of business is at Suite 17-06, GTower, 199 Jalan Tun Razak, Kuala Lumpur 50400, Malaysia.

12.4   You can contact us by writing to the business address given above, by using our website contact form, by email to info@suteraenergy.com.