Welcome to bridgestonetyre.com.my (the "Site"), an official website of Bridgestone Tyre Sales ( Malaysia) Sdn. Bhd. (" BSTM"). These Terms of Use (these "Terms") govern your use of the Site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY VISITING OR USING THE SITE, OR ANY LINKS TO THE SITE, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
1. CHANGES TO THESE TERMS OF USE
BSTM reserves the right to modify these Terms at any time, at its sole discretion. If BSTM decides to change the Terms, BSTM will post those changes here. Changes to the Terms become effective as of the time they are posted to the Site. We encourage you to visit this section of the Site regularly in order to remain informed of any changes.
2. GENERAL DISCLAIMER
The information on the Site is provided for informational purposes only and is not intended as a substitute for advice provided by the appropriate professionals. You should not rely upon or use any of the products or services made available by or through the use of the Site for decision-making purposes without obtaining the advice of an appropriate professional.
3. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
OWNERSHIP
All information, content and material made available by BSTM through the Site, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Site or any component or element of the Site (collectively, the "Content") is the exclusive property of BSTM, its licensors and, as the case may be, its affiliates and is protected by MALAYSIA and international copyright law.
BSTM and its licensors retain all rights in the Content of this Site. The Content may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
BSTM grants you permission to display and print the Content of the Site (other than the computer code comprising the Site) for your personal, non-commercial use only; provided, that, even if you display or print the Content as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not BSTM or in any manner that is likely to cause confusion among consumers or that disparages BSTM or its affiliates in any way howsoever. The rights granted herein terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.
For the avoidance of doubt, the BRIDGESTONE trademark, and other trademarks used on the Site, are the protected property of BSTM and its affiliates and may not be used, copied or imitated without the prior written consent of BSTM.
4. LINKS
You may gain access to other websites via links on this Site. These Terms apply to this Site specifically and do not apply to other parties' websites. Similarly, you may have come to this Site via a link from another website. The terms of use of other websites do not apply to this Site. Only these Terms of Use apply to this Site. BSTM assumes no responsibility for any terms of use or material outside this Site accessed via any link and we encourage you to consult their terms of use before using their websites.
Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying BSTM’s endorsement, sponsorship, partnership or recommendation of the third party information, or products or services offered to.
5. DISCUSSION FORUMS; CUSTOMER RATINGS AND REVIEWS
A. FORUMS
The Site offers you the opportunity to post or submit your own content through various features of the Site, including customer reviews and other forums, newsletters, electronic mail, blog posts, articles, (collectively, "Forums") to communicate with BSTM or other users. In order to participate in a Forum, you may be required to provide accurate and complete personal Information, which will be collected pursuant to the Privacy Policy of the Site. Content posted on Forums does not represent the views of BSTM or its affiliates. BSTM is not responsible for verifying the accuracy of any content posted by users in Forums. As with any information on the Site, you should not make purchasing decisions based on information shared in a Forum without seeking the advice of an appropriate professional.
B. LICENSE
By uploading or submitting any materials to a Forum, you automatically grant to BSTM and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licensable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now existing or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. For all such materials that you submit to or through the Site, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such materials, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law or under any legal theory.
C. PROHIBITED USES OF FORUMS
You must use Forums in a responsible manner. You must not transmit any content in connection with any Forum(s) that: (1) restricts or inhibits any other user from using and enjoying the Site; (2) is unlawful, threatening, abusive, bigoted, religiously insensitive, discriminatory, hateful, , defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (3) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (4) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (5) contains a virus or other harmful component; (6) contains any information, software, or other material of a commercial nature; (7) contains advertising, promotions, or commercial solicitations of any kind; (8) constitutes or contains false or misleading indications of origin or statements of fact; and/or (9) contains material irrelevant to the subject matter of the Forum.
BSTM has the right, but not the obligation, in its sole discretion to review, edit, or delete any content transmitted in any Forum that: (1) violates these Terms of Use; or (2) is otherwise illegal, offensive, or inappropriate. Upon such violation, BSTM will have the sole discretion to terminate your access to the Site.
Although BSTM may from time to time monitor or review content submitted in the Site’s Forums, BSTM is under no obligation to do so and assumes no responsibility or liability arising from the content of any Forum content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any content in any Forum does not constitute approval or endorsement by BSTM.
D. BE CONSCIOUS OF WHAT YOU POST
You acknowledge that any content that you post in a Forum is available to the public and accordingly agree that any content you post shall be deemed non-confidential. You should avoid posting any sensitive or personally identifiable information to a Forum. When you post information to a Forum, you are acting at your own risk, and BSTM disclaims all responsibility and liability for your posts.
E. ADDITIONAL TERMS APPLICABLE TO CUSTOMER REVIEWS
As a service to its customers, BSTM offers a Forum for Customer Reviews on the Site ("Customer Reviews"). Customer Reviews are intended to provide useful and informative product feedback from consumers who have purchased Bridgestone products. In addition to other provisions included in these Terms, you must comply with the following guidelines to ensure that your review is eligible to be posted. BSTM has the right, but not the obligation, to refuse publication of Customer Reviews that are incomplete, do not meet the guidelines in this Section or otherwise fails to comply with these Terms.
- Validation. Customer Reviews are subject to validation by BSTM and/or its third party service provider; validation procedures may include, but are not limited to, submission of a valid email address and the like or any generic login function available on the site.
- Only Review Products You’ve Used. Reviews are intended to share useful information from consumers’ actual experience using the products. If you haven’t used the products, you should refrain from posting.
- Stay on Topic. Reviews must focus on the product, its features and the consumer’s experience with the product. Please keep in mind that your review will be most helpful to other users if it is specific and provides detailed explanations of why you either liked or disliked the product. Avoid discussing pricing, special offers, customer service, or other factors that may vary by market, or posting information about other companies or websites, including but not limited to information about BSTM’s competitors.
- Be Considerate. Be considerate of other users when posting a Customer Review. Do not include inappropriate, derogatory or discriminatory content, and refrain from using obscenities or inappropriate language.
- Don’t Post Private Information. Do not post information about yourself or any third party that is personally identifiable or otherwise confidential.
- BSTM Employees. Employees of BSTM and its affiliated entities should not post product reviews. By posting a review, you represent and warrant that you are not an employee of BSTM or its affiliated entities. Any posting by any employee of BSTM or its affiliate entities does not constitute approval or endorsement by BSTM or its affiliate entities.
- Photographs or Media Contained in Consumer Reviews. In the event that you are provided the opportunity to post photographs or other media in connection with a Consumer Review (the “Media”), you must not post any content that infringes or violates the intellectual property or other rights of any third party. BSTM may remove any Media it deems inappropriate or offensive, at BSTM’s sole discretion. You hereby assign to BSTM all right, title and interest in such Media, including but not limited to copyright and any other intellectual property rights.
6. PROHIBITED USES OF THE SITE
This Site and all of its Content is offered solely for your own personal, informational, non-competing use. In addition to the requirements set forth in other sections of the Terms, you agree not to access and/or use the Site for any purpose not expressly authorized by the Terms and/or to transmit, post, or distribute to the Site content that:
- Constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;
- Contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, and any other malicious malware;;
- Collects information about others, including but not limited to other users’ personal information;
- Imposes an unreasonable load on the Site’s infrastructure; and/or
- Reverse engineers or decompiles the software comprising or included in the Site.
7. DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS SITE, IS PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. BSTM DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF BSTM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT..
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BSTM DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE AND ANY CONTENT, INFORMATION AND/OR FORUMS AVAILABLE THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
BSTM does not warrant or make any representations regarding the use or the results of the use of the information or materials on this Site in terms of their correctness, accuracy, reliability, or otherwise, and information on this Site may contain technical inaccuracies or typographical errors. BSTM uses reasonable efforts to include accurate and up-to-date information on this Site; however, errors or omissions may occur, including information concerning price and product specifications. In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.
8. LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE CONTENT OR THE FORUMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORISED ACCESS, BSTM'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF BSTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT AND FORUMS AVAILABLE THROUGH THIS SITE.
9. TERMINATION OF SERVICE
BSTM reserves the right to change or discontinue at any time, without notice, the Site, any Forums, contests, Content, materials, equipment, specifications, models, and/or products, described on the Site, or the availability thereof. Products, methods, and processes described on the Site may be covered by MALAYSIA or foreign patents and/or other intellectual property rights. BSTM also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site, with or without notice to you.
10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless BSTM and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, "Losses") that the indemnified party incurs or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms; (ii) your use of this Site or your use of the Content, including but not limited to content or Media you post in connection with a Forum or Customer Review; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by BSTM in connection with your use of the Site (including loss of data) or Content or other information services available by or through your use of the Site or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable care); and (iv) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless BSTM from and against any Losses that BSTM incurs or may incur arising from, resulting from, or arising in connection with your providing to BSTM inaccurate or untruthful information via the Site, whether to gain access to the products or services provided through this Site or otherwise.
11. MISCELLANEOUS
A. DURATION OF YOUR OBLIGATIONS
Your obligations under these Terms, as they now exist and may be amended in the future, shall continue for as long as you access or use the Site, or use or maintain any of the Content of the Site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Site and by destroying all Content obtained from it, and all copies thereof.
B. ENTIRE AGREEMENT; SEVERABILITY
The Terms constitute the entire agreement between you and BSTM regarding your use of the Site and any other subject matter herein. If any portion of the Terms is declared or held unlawful, invalid, or unenforceable, then such portion of the Terms shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of the Terms of Use. BSTM may, from time to time, offer you the opportunity to use interactive services on the Site. By participating in any such service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.
C. GOVERNING LAW; FORUM
The Site is controlled, operated and administered by BSTM from its offices within MALAYSIA. BSTM makes no representation that materials on this Site are appropriate or available for use at locations outside of the MALAYSIA. You may not use the Site or export the Content in violation of MALAYSIA export laws or regulations. If you access this Site from a location outside of the MALAYSIA, you are responsible for compliance with all local laws and regulations. The Terms of Use will be governed by and construed in accordance with the laws of the MALAYSIA without regard to its choice of law or conflicts of law principles. You hereby agree that any cause of action you may have with respect to the Site must be filed in a local court located in MALAYSIA.
D. WAIVER
The failure of BSTM to enforce any provision of the Terms, or to respond to a breach of the Terms, by you or other parties shall not in any way constitute a waiver of BSTM’s rights to subsequently enforce any provision of the Terms against you or any other party.
E. HEADINGS
The section/paragraph headings appearing in the Terms of Use are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.