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EVOPERFORMANCE.COM.MY

The General Online Terms and Conditions ("General Terms") of www.evoperformance.com.my ("Website") shall apply exclusively to the agreements concluded by us in the version which was valid at the time of the conclusion of a transactions between us and the Customer. We shall (i) reserve the express right to make the necessary modifications to the General Terms; and (ii) oppose any regulations in opposition hereto.

The respective current version of the General Terms can be viewed under the key word 'General Online Terms and Conditions'. During the ordering procedure, the Customer will receive continuous options to inspect, print out or store the General Terms. Upon conclusion of the transaction, the Customer shall be deemed to accept the General Terms.

In the event, ordering procedures or any other matters requires verbal collateral agreement, it must be documented on a continuous data carrier, such as an email. All modifications to the General Terms, including this clause, as well as agreements on delivery deadlines and dates, are also subject to our written confirmation.

LEGAL INFORMATION

The web site is owned and operated by Evo Performance Sdn Bhd ("EVOPERFORMANCE.COM.MY" or "us").

Unless otherwise noted, all content posted on the web site is:

Copyright ©2018 EVOPERFORMANCE.COM.MY

The web site in its entirety, including all content and design featured, including images, pictures, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks and/or other intellectual property, are owned, controlled, or licensed by EVOPERFORMANCE.COM.MY and its affiliates.

USE OF THE WEB SITE

The contents of the Website and the Website as a whole are intended solely for your personal and non-commercial use. It is prohibited to use the Website and/or any content posted therein for any purpose other than personal and non-commercial use without the written permission of EVOPERFORMANCE.COM.MY. You are not allowed to reproduce, publicly display, modify, edit, adapt, distribute, sell, transmit or otherwise use any of the materials or content posted therein for any commercial purpose without the authorization from EVOPERFORMANCE.COM.MY. EVOPERFORMANCE.COM.MY grants a limited, non-exclusive, restricted, non-transferable, non-sublicense-able, revocable license allowing you to electronically copy content displayed on the Website for your personal and non-commercial use. All rights are reserved to EVOPERFORMANCE.COM.MY.

Notice:
In practice of good faith, while using or visiting the Website, you agree that you (i) will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website, including its host, servers, network, systems or other users; (ii) will not attempt to interfere physically, electronically or in any way with the operation of the Website; (iii) will not transmit any computer virus, worm, spider, Trojan horse, robot or any other automated mechanism to access the Website and/or its servers or systems; (iv) will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to us or any party associated with; (v) will not attempt to access data that is not intended for your use; (vi) will not attempt to log on to a server, network or account belonging to EVOPERFORMANCE.COM.MY that you are not authorized to access; (vii) will not probe, scan or test the vulnerability of any system or network related in any way to the Website under any circumstances without authorization; (viii) will not harass in any manner or form on the Website; (ix) will not impersonate any member of EVOPERFORMANCE.COM.MY, employees of EVOPERFORMANCE.COM.MY, host or representative of EVOPERFORMANCE.COM.MY for any purpose; (x) will not perform any actions which is obscene, defamatory, threatening, invasive of privacy or actions may otherwise give rise to liability or violate any law; and (xi) will not use the Website to solicit others to join or become members of any other commercial online service or organization.

OFFERS, ORDERS AND CONCLUSION OF TRANSACTION

The presentation of products in the WEBSITE does not represent a legally binding offer to any party, but a nonbinding online catalogue. We shall exercise fair judgment to determine whether an order will be accepted. In the event, the online order cannot be fulfilled by EVOPERFORMANCE.COM.MY, the onus falls on us to notify the respective Customer immediately by email provided by the Customer.

PRICING POLICY

At EVOPERFORMANCE.COM.MY, we are committed to offer product on-line, service and convenience at compelling prices. We may offer limited time promotional price campaign at our discretion.

THIRD PARTY LINKS

To provide a better service and increased value to our Customers, we at EVOPERFORMANCE.COM.MY may have third-party websites to link to from its own Website. EVOPERFORMANCE.COM.MY expressly declares we do not have any influence on these design and contents and has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of EVOPERFORMANCE.COM.MY. We shall not be held any responsibility for these contents, independent policies or actions. These linked sites are only for your convenience and therefore you access them at your own risk.

You further agree that, EVOPERFORMANCE.COM.MY takes no responsibility for third party advertisements posted on this Website, nor does it take any responsibility for the goods or services provided by these advertisers.

EVOPERFORMANCE.COM.MY is not responsible for the conduct, whether online or offline, of any user of the Website. EVOPERFORMANCE.COM.MY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. EVOPERFORMANCE.COM.MY is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic players due to technical problems or traffic congestion on the Internet or on any of the website 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 those website.

EVOPERFORMANCE.COM.MY hereby expressly disassociates from all contents of orders linked to third-party websites and does not make these its own, and advise visitors to beware of the risk of visiting them.

COPYRIGHTED MEDIAS

All images, photographs and videos are copyrighted ("Copyrighted Medias"). The use of these Copyrighted Medias without express permission by us is prohibited. We reserve to assert all claims in accordance with the relevant copyright Act.

Notice:
We try to provide as accurately as possible the colors and description of the products displayed in the WEBSITE. However, please take note on the coloration of the product images presented in the Online Store are contingent/subject upon the respective settings of the Customer's screen and monitor, the difference in settings may vary slightly from the color of the actual product supplied.

TYPOGRAPHICAL ERRORS

We endeavor to provide the most accurate and reliable information at all times, despite the cautionary effort, information may contain unintended typographical errors or inaccuracies. EVOPERFORMANCE.COM.MY reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We sincerely apologize for any inconvenience caused.

Notice:
In the event a product is listed at an incorrect price due to typographical error or systems error, EVOPERFORMANCE.COM.MY shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

EVOPERFORMANCE.COM.MY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. In the event there is a cancellation due to typographical errors by us, you will be refunded.

DATA PROTECTION

In data protection concerns during data processing, protective measures will be taken into account in accordance with the legal regulations. All information collected will be treated confidentially, including Personal Information, order information and transactions information handling. In principle, all personal data will be treated confidentially. These data requirements for handling transactions will be stored.

Notice:
Certain information may be collected and processed for our own marketing purposes. The onus is on the Customer to notify us, in the event, they wish to oppose and/or revoke the use of, processing and/or transmission of his/her data for marketing purposes. Upon receipt of such request, we will take the necessary effort and will no longer use and process the data in question for marketing purposes. These may include the discontinuation of the sending of advertising material and/or no longer disseminate the data for marketing purposes if requested.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to EVOPERFORMANCE.COM.MY or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of EVOPERFORMANCE.COM.MY. By submitting such Comments by you, you agree that, (i) no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s); and (ii) no Comments submitted by you to the Website will be or contain obscene material, abusive or defamatory. You are and shall remain solely responsible for the content of any Comments you make.

Notice:
EVOPERFORMANCE.COM.MY may deliver notice to our Customer by means of electronic mail registered with us.

COPYRIGHT POLICY FOR THE WEBSITE

We strictly against any action which includes posting, modifying, distributing, transmitting, reproducing, publicly display or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. EVOPERFORMANCE.COM.MY have the rights to terminate the privileges of any user of the Website or member who infringes the copyright rights of others upon receipt of prompt notification by the copyright owner or the copyright owner’s legal agent.

LIMITATION OF LIABILITY/ DISCLAIMER

As a visitor to and a user of the Website, you agree that your access will be subject to the General Terms set forth and that access is undertaken at your own risk. EVOPERFORMANCE.COM.MY shall not be liable for damages of any kind related to your use of or inability to access the Website. In no event shall EVOPERFORMANCE.COM.MY be liable to you or any third party for any incidental, special, punitive, consequential or indirect damages or monetary losses from your use of the services, even if EVOPERFORMANCE.COM.MY has been advised or the possibility of such damages. Notwithstanding anything to the contrary contained herein, EVOPERFORMANCE.COM.MY’s liability to you for any cause whatsoever, will at all times be limited to the amount paid, if any, by you to EVOPERFORMANCE.COM.MY for products purchased.

EVOPERFORMANCE.COM.MY will not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on any of the website 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 Website. Under no circumstances shall EVOPERFORMANCE.COM.MY be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

INDEMNIFICATION

By continuing the use of this Website, you agree to indemnify, defend, and hold harmless of EVOPERFORMANCE.COM.MY, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal and attorney's fees, resulting from any violation of these General Terms or any activity related to your account (including negligent or wrongful conduct) by you or any third-party accessing the Website using your Internet account.

Privacy and Security

The use of the Website is also governed by our Privacy and Security Policy, located on the website and incorporated into the General Terms.

MISCELLANEOUS TERMS

ENFORCEMENT
By accessing and using the Website, you agree that your access to and use of the Website is subject to these General Terms, as well as all applicable governing laws in Malaysia.

BINDING NATURE
The use of the Website by you constitutes your acceptance of the General Terms and your continued use confirms that acceptance.

ENTIRE UNDERSTANDING
The General Terms shall constitute the entire agreement between you and EVOPERFORMANCE.COM.MY regarding the use of the Website.

NO WAIVER
In the event EVOPERFORMANCE.COM.MY failed to exercise or enforce any right or provision of the General Terms, it shall not be view as a waiver of such right or provision.

HEADINGS
The section titles in the General Terms are for convenience only and have no legal or contractual effect. The General Terms shall operate to the fullest extent permissible by law.

SEVERABILITY/ SALVATION CLAUSE
In the event that any of the provision in the General Terms is unlawful, void or unenforceable, that provision is deemed severable from the General Terms and does not affect the validity and enforceability of any remaining provisions in the General Terms. Under such circumstances, the invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.

Any deviations of these provisions shall take effect only subject to our express written confirmation.

DISPUTES
If there is any dispute about or involving EVOPERFORMANCE.COM.MY, you agree that the relevant laws of Malaysia shall govern the dispute, without regard to conflict of law or choice of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts of Malaysia.

TERMINATION
The General Terms are applicable to you upon accessing the Website and/or completing the registration or shopping process. EVOPERFORMANCE.COM.MY reserve the rights to terminate these General Terms, or any of them, without notice at any time for any reason. Provisions relating to Copyrighted Medias, Limitation of Liability/ Disclaimer, Indemnification and Miscellaneous Terms, shall survive any termination.

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