In this Disclaimer the following words have the following meanings:
‘Applicable Law’ in relation to any person, action or thing means the following in relation to that person, action or thing:
1. any law, rule or regulation of any country (or political sub-division of a country);
2. any obligation under any licence in any country (or political sub-division of a country); and
3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
‘Content’ means anything that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, design, photographs, illustrations, text, music, songs and other materials or subject-matter on the Site).
‘Site’ means the internet site hosted via address http://www.thomson.com.my
‘Terms and Conditions’ means the term and conditions contained on this Site or revised from time to time.
2.1 REPRESENTATIONS ON THE SITE
To the fullest extent permitted by Applicable Law we make no warranty or representation of any kind including as to accuracy, completeness, currency or reliability regarding:
1. the Site,
2. products or services on the Site (including but not limited to those of third party providers over whom we have no direct control) and/or
the Content of the Site.
2.2 EXCLUSION OF ALL WARRANTIES
To the fullest extent permitted by Applicable Law we expressly disclaim all warranties, terms and conditions in connection with the Site or its Content, including:
1. implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for general or particular purpose; and
2. implied warranties, terms and conditions of non infringement of proprietary rights, and
3. implied warranties, terms and conditions of non infringement of those arising by statute or otherwise in law from a course of dealing or usage of trade.
2.3 EXCLUSION OF LIABILITY
To the fullest extent permitted by Applicable Law we do not warrant that the Site, its servers or any e-mails sent from us are free of viruses or other harmful components.
2.4 IF EXCLUSIONS ARE PROHIBITED BY LAW
To the extent that Applicable Law does not permit the disclaimer of implied warranties, then the foregoing disclaimer must not apply to you, in particular in places where it is prohibited and to such extent this disclaimer may not exclude or limit liability for personal injury or death arising from:
2. wilful misconduct, or
2.5 LIMITATIONS ON EXCLUSIONS
Applicable Law may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent or at all and to the extent that Applicable Law permits the disclaimer of implied warranties to a limited extent then, to the limited extent we are permitted to do so, our liability will be limited at your option to:
1. in the case of supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
2. in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.
2.6 THIRD PARTY PROVIDERS
Any Content offered by third parties on the Site does not in any way imply, suggest, or constitute any sponsorship or approval of them by us nor suggest a recommendation by us of the third party or its offers.
You agree that we are in no way responsible for the accuracy, timeliness or completeness of information you may obtain from these third party’s. Your interaction with such third party’s accessed through our Site is at your own risk and the disclaimers contained in the clauses herewith apply to the fullest extent permissible by Applicable Law.
2.7 EXCLUSIONS FOR COMPUTER VIRUSES ETC
Subject to clause 2.1 to 2.5 inclusive we will not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any material, data text, messages, video or audio from the Site.
2.8 EXCLUSIONS FOR LOST PROFITS ETC
In no event will we be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, tort, (including negligence), equity, strict liability, statute or otherwise, which arises out of or is in any way connected with:
1. any use of the Site or any Content found here in; or
2. any failure or delay (including, but not limited to the use of or inability to use any component of the Site for reservations or ticketing); or
3. the performance or non-performance by us even if we have been advised of the possibility of damages to such parties or any other party.
2.9 LIMITATION ON ESTABLISHED LIABILITY
If we are found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Site or its Content, to the full extent permitted by Applicable Law the combined aggregate liability of us to you will in:
1. no event exceed the value of the goods and services purchased by you which are the subject of the dispute or USD100.00, whichever is lower;
2. contract, tort, negligence, strict liability, under statute or otherwise be reduced to the extent, if any, to which you contributed to the loss or damage.
You must defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal fees (on as solicitor own client basis) and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Site.