Terms of Service
DEFINITIONS AND INTERPRETATIONS
Easternmax Textile Sdn Bhd DRM SOLUTION refers to the web based software offering which is provided to our distributors/resellers for the purpose of accessing information regarding our products as well as to allow said distributors/resellers to place orders via e-commerce mediums
Distributors/resellers are referred to as persons/companies/individuals which use the DRM platform to gain information or purchase EasternMax Textile products.
A: Terms of Service Agreement
Easternmax Textile Sdn Bhd reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service,
Easternmax Textile Sdn Bhd will notify you by posting an announcement on the Solution and via email where possible. Amendments and modifications shall take effect immediately when posted on the Solution. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
B :Payment Terms
Prepaid Payments:
Prepaid payments refer to payment methods in which Resellers/Distributors pay up front to purchase store credits which can be used to purchase products within the DRM solution
Payment Term Payments:
Payment Term Payments refer to the standard payment terms such as cash terms which are provided to Resellers/Distributors based on the sole discretion from EASTERNMAX TEXTILE SDN BHD
Online Payments:
Online Payments refer to the use of intermediary software solutions such as Stripe or Ipay88 to provide payment facilities for purchasing of products displayed in the DRM software
C :General Usage and Stored Content
1) You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone's identification documents or sensitive financial information
2) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
3) In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of Malaysia, and including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards.
4) Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which Easternmax Textile Sdn Bhd reserves the sole right to determine to be malicious in intent.
5) Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Easternmax Textile Sdn Bhd's sole and absolute discretion.
6) Easternmax Textile Sdn Bhd will endeavour to protect passwords and personal data protection for all users of the system. However any breach due to poor password maintenance and improper usage and sharing of passwords will not be the responsibility of Easternmax Textile Sdn Bhd
D :Copyright and Claims
1) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
2) Easternmax Textile Sdn Bhd holds all copyrights for the system usage, design, deployment and back-end services execept for certain components used in this solution which are provided with MIT licenses. Easternmax Textile Sdn Bhd may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
E :Privacy Policy
1) Please refer to our privacy policy for our more information on our personal data policies.
2) Easternmax Textile Sdn Bhd will not be held liable for any losses (perceived or otherwise) amounting from system downtime and errors due to bug's or system errors which may occur. (Please refer to section F AND G for warranty and Limitation of Liabilities)
3) By using this services, user accepts that services may be terminated upon non payment of yearly maintanence fees. As such, Easternmax Textile Sdn Bhd is not liable to any losses (perceived or otherwise) amounting from the discontinuation and termination of services. (Please also refer to Section G for Limitation of Liability's)