Welcome to www.escatec.com (this “Website”). This Website is owned and operated by ESCATEC Sdn. Bhd and its subsidiaries (collectively, “ESCATEC”, “we”, “us” or “our”) to provide information about ESCATEC products and services. The terms “you”, “your” and “yours” refer to anyone accessing or using this Website.
You may access and use this Website solely for lawful purposes and only in accordance with the Terms. ESCATEC reserves the right at any time and in its sole discretion to modify, suspend, or discontinue this Website or any portion thereof, or revise these Terms, or suspend or terminate your access to this Website or any portion thereof, with or without notice.
You may not use this Website in any manner that could damage, disable or impair this Website or interfere with any other party’s use of this Website.
All content provided on or offered through this Website including, but is not limited to, files text, graphics, images, photographs, audio, video and illustrations is owned by ESCATEC and/or its subsidiaries, licensors, affiliates and partners (“Affiliates”). All copyrights, trade marks and service marks belong to their respective owners.
Except as stated herein or as expressly authorised on this Website, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed or transmitted in any form or by any means, without our prior written permission or the copyright owner’s prior written permission. You acknowledge that nothing on this Website shall be construed as conferring any license to you from ESCATEC or its Affiliates’ intellectual property rights, whether by estoppels, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the contents of your communication through this Website. You also agree to comply with all local rules regarding online conduct specifically regarding online communication in the country in which you reside.
This Website is provided by ESCATEC “AS IS” with no warranties whatsoever. ESCATEC nor its Affiliates represent or endorse the accuracy or reliability or any advice, opinion, statement, or other information displayed on, downloaded from, distributed through, or otherwise available from this Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You agree that your access to this Website is at your own risk and that you are solely responsible for any liability or damage you incur by accessing this Website. Except where the laws concerning warranties cannot be waived or excluded by agreement, ESCATEC expressly disclaims all warranties, whether express or implied, regarding this Website, including, without limitation, all warranties of title, non infringement, merchantability and fitness for a particular purpose.
Limitation of Liability
In no event will ESCATEC or its Affiliates be liable for any direct, indirect, consequential, special, exemplary, or punitive damages, whether in contract, tort, or any other legal theory, in connection with, as a result of or arising out of (i) your access to or use of this Website or content; (ii) your inability to use this Website or content; (iii) any loss of data and/or equipment failure; (iv) delay or failure of this Website arising out of causes beyond our control; (v) your use of, reference to, or reliance on the content of this Website; (vi) information, materials, statements or conduct of any third party on this Website; or (vii) any other matter relating to this Website, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy for any of the above claims or any dispute with ESCATEC is to discontinue your use of this Website and content.
You hereby agree to indemnify, defend, and hold harmless ESCATEC and its Affiliates and each of their officers, directors, employees, agents, contractors, assigns, licensors, sublicensors, service providers, suppliers, and successors in interest from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result or arise from your use of this Website and any violation of these Terms. ESCATEC will provide you with notice of any such claim or allegation, and ESCATEC will have the right to participate in the defense of any such claim at its expense.
ESCATEC’s Privacy Statement applies to your use of this Website and is incorporated into these Terms by reference. Personal information provided to ESCATEC through this Website will be handled in accordance with our Privacy Statement. Your use of this Website is subject to your consent to the Privacy Statement.
Other Terms and Conditions
Some products and services accessible through this Website are subject to other or additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, the additional terms and conditions shall prevail.
Links to Third Party Sites
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.
Choice of Law
Your use of this Website and any dispute arising out of such use of this Website is subject to the laws of Malaysia without regard to conflicts of laws principles. You agree to submit to exclusive jurisdiction of the state and federal courts located in Penang, Malaysia, for the resolution of any and all disputes arising out of or relating to your use of this Website. You further agree and covenant not to bring or cause to bring any suit in any other jurisdiction.