TERMS OF USE

1. Acknowledgement and Acceptance of Terms
These Terms of Use apply to the Elken web site located at www.elken.com, and all associated sites linked to www.elken.com by Elken, its subsidiaries and affiliates, including Elken sites around the world (collectively, the “Site”). The Site is the property of Elken Sdn Bhd (“Elken”). The site is owned and operated by Elken. The use of this website is governed by the Terms set out herein and the Privacy Policy, which is available for viewing at http://www.elken.com/our-privacy-policy. These Terms may be amended or edited from time to time without prior notice. YOU ARE ADVISED TO READ THESE TERMS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU IRREVOCABLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS THIS WEBSITE OR ANY PAGES THEREOF. Your continued usage of this website constitutes your agreement to all the Terms set out herein and any subsequent amendments that may be made by Elken from time to time.

2. Governing Law
The use of this website and any of its pages herein, shall be governed by and construed in accordance with the laws of Malaysia and you shall submit to the jurisdiction of the courts of Malaysia.

3. International Use
This website is controlled and offered by Elken’s facilities in Malaysia only. No representation is made that this website is appropriate and/or available for use in other locations. If you access this website from other jurisdictions you do so at your own volition and agree to comply with the applicable local, national and international laws and regulations pertaining to online conduct, internet content and in particular transmission of technical data exported from the country of your residence.

4. Intended Use
This website is for the dual purpose of education and commercial use, therefore it is not intended for persons under 13 years of age. If you are under 13, you should obtain permission from your parents, guardian or a responsible adult to use this website.

5. Disclaimer and Limitation of Liability
The information, products and services included on this website may contain inaccuracies or typographical errors. Changes are periodically added to the information and contents therein. Elken has the right at any time and at its sole discretion, with or without notice, to limit, add, amend or delete in whole or in part these Terms and Privacy Policy.

All information herein is not intended to diagnose, treat, cure nor substitute or replace the advice of a qualified medical professional. All tests are conducted on a closed trial sampling basis and different people may experience different reactions and benefits. All information is correct at time of content update and remains the property of Elken Sdn. Bhd. Every reasonable care has been taken to ensure the information accuracy and the company will not be held liable for any errors, inaccuracies and/or omissions of the information or the views and opinions expressed. Any advice, product placement, testimonials and/or endorsement contained in this website should not be substituted for professional medical advice, diagnosis or treatment and you should always consult an appropriate independent professional, doctor or medical officer/specialist for specific advice tailored to your health, well being, circumstances, requirements or needs. Never delay seeking professional treatment or advice because of anything you may have read on the website. If you think you may have a medical emergency, call your doctor immediately.

The information and/or materials are provided to you on a "as is", and "as available" basis. Elken makes no representation or warranty, either express or implied, as to the completeness, reliability, accuracy, suitability, timeliness of the information, statements, contents, materials, graphics related to the products and/or services contained herein. Elken shall endeavour but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted in this website, and such information including information on pricing and availability of goods may be changed, amended or updated without prior notice.

Elken shall not be liable and responsible for any unauthorized access to or alteration of any material or data sent or received or not sent or received, or any transactions entered into or through this website. Elken shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. Elken shall not be liable and responsible for any content sent using this website by any third party.

To the maximum extent permitted by law, unless otherwise specified, Elken hereby disclaims all representations and warranties of any kind, whether express or implied, including but not limited to, representations or opinions expressed by users/ consumers, product merchantability or fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights. In addition, Elken does not warrant, guarantee or make any representation regarding the security of accounts or that this website is free from destructive material, including but not limited to computer viruses, hackers or other technical sabotage or that access to this website will be fully accessible at all times, uninterrupted or error-free.

Elken and its related or affiliated companies, directors or employees shall not be liable for any losses or expenses, damages including, without limitation, direct or indirect, special, incidental or consequential loss of profits, compensatory or exemplary howsoever caused arising out of or in connection with -

  1. the use or performance of this website, delay or inability to use this website by any party; and/or
  2. the provision of or failure to provide services or any information, products, services and related graphics obtained through this website or otherwise whether based on contract, tort, strict liability or otherwise; and/or
  3. any failure, error, omission, interruption, defect, delay in data transmission; and/or
  4. any line or system failure or introduction of a computer virus or other technical sabotage, even if Elken and/or its employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

If any provision(s) contained in these Terms is held to be invalid or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforcement of the remaining provisions of these Terms. Any waiver by Elken to insist upon or enforce strict performance of any Term(s) or provision(s) contained herein or otherwise shall not be construed as a waiver of any continuing breach or of any other breach of any of the Terms, provisions or rights.

6. Intellectual Property Rights
Unless otherwise stated, Elken shall at all times own the contents of this website, including without limitation, website’s design, text, graphics, software, photos, sounds, music, videos and interactive features and shall therefore be able to avail to the extent allowed by applicable law, copyright, trademark, patent, trade secret and other intellectual property laws and regulations for the protection of its rights.

Except as stated herein, none of the content may be copied, downloaded, displayed, posted, transmitted, used or reproduced in whole or part, in any form or by any means for any purposes, unless such prior consent for use is expressly granted by Elken.

7. Trademarks
All trade names, domain names, brand names, trade symbols, logos, slogans, trademarks or services marks consisting of the name ELKEN are the absolute properties of Elken. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogan, trademarks or service marks indicated on this website that are the property of Elken and /or their respective owners.

In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts are Elken’s service mark, trademark and/or trade dress and shall not be copied, imitated or used, in whole or in part, without the prior written permission from Elken.

8. Links
This website may contain numerous links to other Internet sites including, without limitation, other sites that may provide advice or other goods and services, which are operated by third party vendors. By utilizing these links, you acknowledged and agreed that Elken does not endorse and shall not be responsible for the contents, opinions expressed, services provided, goods sold or other links provided by these third party sites. You further acknowledged and agreed that Elken shall not be held liable for any damages, losses or injury howsoever caused whether directly or indirectly for the use of or reliance on any linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

You are permitted to link to the materials on these third party websites, but it is strictly for personal and non-commercial purposes. You may quote contents written on the website into your own websites provided you include a prominent link back to this website on the pages containing the quote.

9. No Unlawful or Prohibited Use
Your continual usage of this website is conditional upon your compliance with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you shall not use this website for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:

  1. Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.
  2. Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  3. Not to collect or store personal data about other users.
  4. Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.
  5. Not to incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own).
  6. Not to upload content that contains any information that you consider confidential, proprietary, or personal.
  7. Not to upload content that contains or constitutes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.


10. Submissions
Any material, information or ideas you transmit or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Elken or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Elken will be handled in accordance with Elken’s Privacy Policy. Elken has no responsibility to respond to messages posted at this website.

11. Security
Elken understands that Internet security is of paramount importance to you and that all reasonable precautions to protect your transactions carried out via this website have been taken care of, so that you can have as a safe and secure experience in accessing the website.