Terms & Conditions
This PenangEvents.com.my Membership Agreement (the "Agreement") is a legal contract between you and PenangEvents.com.my, ("PenangEvents.com.my").
The Agreement governs your purchase and use of the online website
measurements service, whether fee-based or free of charge, offered on
PenangEvents.com.my's website (each a "Service"). Your use
of the Services is conditioned on your acceptance of this Agreement.
By using any Service or by checking the acceptance box at the sign-up
page, you accept and agree to be bound by all the terms and
conditions of this Agreement, as well as any additional terms
specific to the particular Services for which you register.
Since this is a binding legal agreement between you and PenangEvents.com.my, please print a copy of this Agreement for your records.
1. The Services
PenangEvents.com.my will provide you with the Services for which you register on PenangEvents.com.my's website, subject to the terms and conditions of this Agreement. PenangEvents.com.my reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.
2. Registration Process
3. Your Promises And Obligations As A Condition Of Receiving Any Services, You Promise, Represent, And Warrant The Following:
All of the registration information you supply to PenangEvents.com.my is true, complete, and accurate, and you will notify PenangEvents.com.my of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
None of the URLs you submit to PenangEvents.com.my link to any web
page or site that contains any:
Material that encourages or promotes illegal activity or violence;
Content that violates or infringes in any way upon the statutory, common law, or
Proprietary rights of others, including but not limited to copyrights, trademark rights,
Patents, or any other third party intellectual property, contract, privacy, or publicity rights;
Material that promotes or utilizes software or services designed to deliver unsolicited email;
Material that violates any local, state, or national law or regulation;
Misrepresentations or material that is threatening, abusive, harassing, libellous, or defamatory,
Obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
Other material that PenangEvents.com.my, in its sole discretion, deems inappropriate, including any violations of standards posted on PenangEvents.com.my's website or sent to you by email;
You will safeguard your account user name and password by not
disclosing your password to any third party, and you will assume
responsibility for any and all harm or liability attributable to you
or any other person accessing your account or any Services with your
user name and password;
You will not copy, sell, redistribute, license, sub license, or
otherwise transfer your account, or any materials provided to you in
connection with the Services, to any third party without
PenangEvents.com.my's written consent;
You will treat any and all consumer information gathered for you or
transmitted to you via the PenangEvents.com.my website or Services in
You will comply with all federal laws and regulations governing your
actions under this Agreement; and you have full power and authority
to enter into this Agreement and to perform your obligations
Without limiting its other remedies, PenangEvents.com.my may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, PenangEvents.com.my reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to PenangEvents.com.my.
You agree to pay PenangEvents.com.my any set-up fees and recurring subscription fees listed on PenangEvents.com.my's website for the service you select. Completion and submission of any Service activation form authorizes PenangEvents.com.my to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a one-time, monthly, or yearly basis. In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to PenangEvents.com.my, YOU AGREE TO FULLY REIMBURSE PENANGEVENTS.COM.MY FOR ANY COSTS AND EXPENSES THAT PENANGEVENTS.COM MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
5. Pricing Changes And Other Modifications
The PenangEvents.com.my services are based on a particular amount of page views per month. PenangEvents.com.my may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on PenangEvents.com.my's website. New pricing terms will become effective beginning with the first full billing cycle after PenangEvents.com.my posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by PenangEvents.com.my in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on PenangEvents.com.my's letterhead by an executive vice president or higher-level officer of PenangEvents.com.my. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by PenangEvents.com.my to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or PenangEvents.com.my's rights and remedies hereunder.
6. Duration And Cancellation Of Services
Unless stated otherwise on PenangEvents.com.my's web pages applicable to a given Service, each Service will be provided and billed on a monthly or yearly subscription basis, measured from the day of payment-activation and continuing in like intervals; monthly or yearly. Subscriptions will activate regular payments with monthly or annual periods, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or PenangEvents.com.my may cancel that Service (or PenangEvents.com.my may discontinue the Service completely) by directly canceling the subscription agreement through PayPal, Ipay88, or the relevant payment processor, in which case the Service will terminate at the end of the current monthly or yearly billing period. PenangEvents.com.my may cancel the service if you exceed the particular number of monthly page views per month as selected during the subscribing process. PenangEvents.com.my may also increase your subscription fee according to the relevant bracket of page views, if your site's traffic consistently exceeds the bracket initially chosen for service.
PenangEvents.com.my also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.
7. Term And Termination Of Agreement
The terms of this Agreement will begin on the date that PenangEvents.com.my accepts your initial registration and will continue in force until terminated according to this section. Upon activation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. PenangEvents.com.my also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Web sites and other items. Failure to remove our code from your website entitles us to act in such a manner as to recover the additional costs generated. This manner includes, but is not limited to the placement of redirects and/ or pop-ups
If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED.
9. Third Party Disclosure
PenangEvents.com.my will not knowingly disclose statistics pertaining to your site to a third party, without your explicit permission. In other words the statistics provided by PenangEvents.com.my are strictly private and only accessible by our administrators, and the user accounts that you create.
10. Use Of Tags
Some of the Services rely on the use of HTML tags or other code in your web page or site. Subject to your compliance with all the terms of this Agreement, PenangEvents.com.my grants you permission to use the HTML tags or other code supplied to you by PenangEvents.com.my (the "Tags") solely for your use in receiving the Services for which you have paid. You agree to follow all instructions and restrictions provided to you by PenangEvents.com.my with respect to your use of the Tags. You agree that PenangEvents.com.my will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.
11. Ownership Rights
You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated therein are the exclusive property of PenangEvents.com.my. In addition, you acknowledge that PenangEvents.com.my owns all right, title, and interest in and to PenangEvents.com.my's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.
12. Disclaimer Of Warranty
PenangEvents.com.my makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. PenangEvents.com.my HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PENANGEVENTS.COM.MY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
13. Limitation Of Liability
IN NO EVENT WILL PENANGEVENTS.COM.MY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT PENANGEVENTS.COM.MY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY PENANGEVENTS.COM.MY FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, PenangEvents.com.my is not responsible for any of your data residing on PenangEvents.com.my hardware. You are responsible for backing-up your data and information that may reside on the PenangEvents.com.my hardware, whether or not such information is produced through the use of the Service.
You agree to indemnify, hold harmless, and (at PenangEvents.com.my's request) defend PenangEvents.com.my and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to PenangEvents.com.my or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to PenangEvents.com.my. This obligation shall survive any termination of your relationship with PenangEvents.com.my.
15. Sole And Exclusive Remedy
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available.
16. General Provisions
The laws of the Malaysia govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the Malaysia in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against PenangEvents.com.my. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.
This Agreement, along with PenangEvents.com.my's other terms,
conditions, and policies referenced herein, constitutes the entire
agreement between you and PenangEvents.com.my with respect to the
Services. To the extent of any conflict between this Agreement and
will govern your general use of PenangEvents.com.my's website, and
this Agreement will govern your use of the Services in particular. If
any part of this Agreement is held to be unenforceable, that part
will be amended to achieve its intended effect as nearly as possible,
and the remainder of the Agreement will remain in full force.
No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the PenangEvents.com.my network, and, consequently, you will receive periodic announcements and information regarding PenangEvents.com.my's services. You may request to be removed from the network's news mailing list at any time.
PenangEvents.com.my may include your web site's domain name & logo on its customer lists, testimonials and press releases. If at any time you would prefer not to be listed, simply let us know, and we will remove your name from the list.
18. Special Remarks
The following types of Web sites are NOT allowed to participate in the Service: (a) Web sites which promote illegal activity or racism, or which are libellous, defamatory, racist, hate-crime oriented, abusive, harassing or threatening, (b) Web sites which contain viruses or other contaminating or destructive features, (c) Web sites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) Web sites which provide instructions or discussions about performing illegal activities, (e) Web sites that promote or utilize software or services designed to deliver unsolicited email, or (f) Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate.
You agree not to change the service's programming code.
You acknowledge and agree that general information about your Web
site (name, URL, traffic counts, etc.) may be utilized by the
Service. Possible uses include (but are not limited to) lists of the
busiest sites, lists of member sites, general promotional uses, etc.
PenangEvents.com.my stores its data in many different formats. 'Searchable data', is a particular format of data. Searchable data is used for the ‘universal search’ feature and is kept for 60 days. The ‘universal search’ box is located on the top of 'visitors online' report. The ‘universal search’ box is experimental and may be removed or not function at any time. This will not effect all other reports.
If you have any questions about this Agreement or PenangEvents.com.my's Services, please contact PenangEvents.com.my by email at firstname.lastname@example.org.
Thank you for choosing PenangEvents.com.my to measure your website.
We look forward to doing business with you and hope you find our services valuable.
100% Satisfaction Guaranteed
We stand behind everything we sell. If you are not satisfied with
your PenangEvents.com.my purchase, you can return it for a
replacement or refund within 14 days of purchase.
PenangEvents.com.my’s guarantee doesn’t cover ordinary wear and
tear or damage caused by improper use or accidents.
If your item has a manufacturing defect in its materials or workmanship, you can return it at any time. See our limited warranty.
If your item has a manufacturing defect in its materials or workmanship, you can return it at any time. Many of our items also have a separate warranty from the manufacturer, and you can also return any of those items that don’t meet the manufacturer's warranty.
This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Returning Or Exchanging Items
You can return or exchange purchases from PenangEvents.com.my or PenangEvents.com.my-OUTLET by mail or at any of our retail locations, regardless of whether you made your purchase online, by phone or in an PenangEvents.com.my store.
You must have a proof of purchase (store receipt, gift receipt,
shipping invoice, or member purchase history) for all returns and
Since quantities may be limited, you can expedite an exchange by
placing a new order and returning the unwanted merchandise.
Used items must be cleaned for a return or exchange. If you send
merchandise that is not cleaned or laundered to the
PenangEvents.com.my Returns Department, it will be returned at your
PenangEvents.com.my-OUTLET items go out of stock quickly. As a result, we may not be able to make requested exchanges. If this is the case, we will refund your form of payment for the purchase amount.
Returns And Exchanges By Mail
If you return or exchange a product by mail, we recommend that you ship your package with a carrier that can provide tracking and insurance. PenangEvents.com.my is not responsible for packages lost in transit without proof of tracking.
If a customer returns merchandise that does not meet conditions of
the 100% Satisfaction Guarantee, it will be sent back to the customer
at their expense.
To return or exchange an order by mail:
- Include a copy of your proof of purchase.
- Ship your package with a carrier that can provide tracking and insurance.
Ship to this address:
PenangEvents.com.my Returns Dept.
Lot1-10, The Gallery, Kompleks Perniagaan Seri Damai, Medan Batu Lanchang, 11600 Penang, Malaysia.
PenangEvents.com.my Garage Sale Merchandise Policy
PenangEvents.com.my Garage Sales are events where we sell merchandise “as is.” All sales are final on items purchased at PenangEvents.com.my Garage Sales at our retail locations.
If a customer sends Garage Sale merchandise to the PenangEvents.com.my Returns Department for a return or exchange, it will be returned to the customer at their expense.