Acceptance of Terms
Rules and Conduct
For instance, and not as a restriction, you shall not (and shall not allow any 3rd party to) either (a) take any action or (b) submit, post, download or upload or otherwise distribute or help in distribution of any content through or on the Service, which:
- impersonates any entity or person, including any representative or employee of NEW WAY.
- contains software viruses, files or programs, or any other computer codes, which are designed or intended to damage, disrupt, interfere with or limit the proper work of any hardware, software, or telecommunications equipment or to damage or get illegal access to any password, data, system or other information of NEW WAY or any 3rd party;
- involves sales and/or commercial activities without NEW WAY’s prior written approval like pyramid schemes contests, advertising, barter, or sweepstakes;
- constitutes unsolicited or unauthorized advertising, spam, junk or bulk e-mail (including without restriction any postings to 3rd party social media websites that are linked to the Site or the Service);
- is profane, offensive, obscene, tortuous, invasive of another’s privacy, fraudulent, deceptive, libelous, defamatory, harassing, abusive, threatening, or unlawful; or
- infringes right of publicity or other right of any other entity or person, any copyright, trade secret, trademark, patent;
Moreover, you shall not; (i) take any action which imposes or might impose (as decided by NEW WAY in its sole judgment) an unfair or unreasonably big load on NEW WAY’s (or its 3rd party providers’) infrastructure; (ii) interfere or try to interfere with the correct working of the Service or any activities carried out on the Service; (iii) bypass any steps NEW WAY might use to restrict or prevent access to the Service (or other accounts, networks or computer systems linked to the Service); or (iv) use devices, automated or manual software, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) disassemble, decompile, decipher, reverse engineer or otherwise try to derive any algorithms or underlying ideas or source code of any part of the Service, except to the restricted extent related laws particularly forbid such restriction, (ii) translate, modify, or otherwise create derived works of any portion of the Service, or (iii) distribute, lease, rent, copy, or otherwise transfer any or all of the legal rights which you receive hereunder. You shall follow all related international, national, local and state laws and regulations.
NEW WAY reserves the right to decline registration of, or cancel a NEW WAY User ID in its sole discretion. You are exclusively accountable for activity which takes place on your account and shall be accountable for maintaining the secrecy of your NEW WAY password. You shall never use another user’s account without such other user’s express authorization. You will instantly inform NEW WAY in writing of any unlawful use of your account, or other account related security violation of which you are aware.
Fees and Payment
You will be billed instantly upon placing an order, so as to secure the special NEW WAY price on your items. NEW WAY will do its best to have orders shipped within the estimated delivery time. However, at times items might be delayed because of factors beyond NEW WAY’s control. NEW WAY shall not be responsible for any such delay.
NEW WAY reserves the right to demand payment of fees for certain features of the Service. Should you choose to subscribe to or use such features, you shall pay all related fees, as explained on the Sites regarding such features. NEW WAY reserves the right to change its product and service offerings, price list and to introduce new charges at any time. Use of the Service by you after such notification implies your acceptance of any new or increased prices or charges.
Third Party Sites
The Service may allow you to visit other resources or websites on the Internet through links made available on the Site, and other resources or websites might contain links to the Sites. When you access 3rd party websites, you do so at your own risk. These other websites aren’t under NEW WAY’s control, and you accept that NEW WAY isn’t liable or responsible for the appropriateness, legality, accuracy, functions, content or any other feature of such resources or websites. The inclusion of any such link doesn’t mean approval by NEW WAY or any connection with its operators. You further accept and agree that NEW WAY shall not be accountable or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such Content, services or goods available on or through any such resource or website.
New Way and Site Content
You agree that the Service contains Content explicitly provided by NEW WAY or its partners and that such Content is safeguarded by patents, service marks, trademarks, copyrights, trade secrets or other proprietary rights and laws. You shall follow all restrictions, information, and copyright notices contained in any Content accessed through the Service. You shall not edit, adapt, publish, publicly perform, publicly display, transmit, reproduce, copy, distribute, modify, rent, license, sell, create derivative works from, or otherwise use any Content or 3d party submissions or other proprietary rights not owned by you, (i) without the approval of the respective owners or other legitimate right, and (ii) in any way that breaches any 3rd party right.
You might, to the extent the Sites expressly allow you to do so, copy or download the Content, and other items shown on the Sites for download, for personal use only, provided that you uphold all copyright and other notices contained in such Content. You shall not store any substantial part of any Content in any form. Storing or copying of any Content for other than personal, noncommercial use is expressly forbidden without prior written consent from NEW WAY, or from the copyright holder identified in such Content’s copyright notice.
All items bought from NEW WAY are made pursuant to a delivery contract. This means that the risk of title and loss for such items pass to you upon our delivery to the carrier.
NEW WAY tries to be as precise as possible with all product descriptions. However, NEW WAY doesn’t guarantee that product descriptions or other site content are current, reliable, complete, or accurate, or free of errors. If a product offered by NEW WAY is delivered to you in a defective condition, your sole solution is to seek a replacement from the product’s manufacturer as per their return policy, which might require that you instantly return the defective product and all original packaging in a new condition.
We show discounts on our Site for each item. Discounts are computed using pricing information provided to us by traders (like suggested retail prices from the supplier, manufacturer, or the trader, or an estimated price based on standard industry practice). Since the pricing information we base our discounts upon might differ, discount information which we show might or might not be representative of the same discount offered in every area, on a particular product, on any particular day.
The Service might provide you with the ability to disclose, submit, upload, distribute or otherwise post (hereafter, “posting”) data, scripts, software, written forum comments, audio clips, videos, visualizations, graphics, photographs, text, works of authorship or other information or content, to the Services (“User Submissions”). By posting User Submissions at or on or any of the Sites or otherwise through the Service, you accept the following:
- You warrant and represent that you own or otherwise control all rights to such User Submissions and that use and disclosure of such User Submissions by NEW WAY (including without restriction, publishing content at or on the Sites) will not violate or infringe the rights of any 3rd party; and
- you accept and agree that: (i) without limiting the licenses approved by you to NEW WAY regarding your User Submissions, NEW WAY shall have the right to translate, excerpt, or reformat your User Submissions; (ii) all information privately transmitted or publicly posted through the Sites is the sole responsibility of the individual from whom this type of content originated; (iii) NEW WAY will not be accountable for any omissions or errors in any content; and (iv) NEW WAY can’t guarantee the identity of any other users with whom you might interact while using the Service.
You hereby award NEW WAY an irrevocable, sublicensable, transferable, worldwide, royalty-free, perpetual license to incorporate or use into the Service any enhancement requests, suggestions, recommendations or other feedback which you provide to NEW WAY regarding the operation of the Service.
NEW WAY doesn’t approve and has no control over any User Submission. NEW WAY can’t guarantee the legitimacy of any data that users might provide concerning themselves. You accept that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely be accountable for any loss or damage to any party resulting therefrom.
NEW WAY has no responsibility to supervise the Content, Service, Site or User Submissions. NEW WAY might delete any User Submission at any time for any reason (including, but not restricted to, upon receipt of allegations or claims from authorities or 3rd parties relating to such User Submission), or for no reason at all.
Under no conditions will NEW WAY be accountable in any way for any User Submissions or Content, including, but not restricted to, any omissions or errors in any User Submissions or Content, or any damage or loss of any kind incurred in connection with exposure to or use of any Content or User Submissions transmitted, accessed, emailed, posted or otherwise made available via the Service. NEW WAY isn’t accountable for any data that is removed (either unintentionally or intentionally) by any user.
You accept that NEW WAY has no control over, and no responsibility to take any action concerning: which users gain access to the Website; what Content you access through the Website; what impacts the Content might have on you; how you might use or interpret the Content; or what actions you might take as a consequence of having been exposed to the Content. You discharge NEW WAY from all responsibility for you having acquired or not acquired Content via the Sites. The Sites might have, or direct you to websites containing information which some people might find inappropriate or offensive. NEW WAY makes no representations regarding any content contained in or accessed via the Sites, and NEW WAY will not be liable or responsible for the decency, legality, copyright compliance or accuracy of material accessed through or contained in the Sites.
THE SERVICE (INCLUDING, WITHOUT RESTRICTION, ANY CONTENT) IS PROVIDED “AS AVAILABLE” AND “AS IS” AND IS WITHOUT GUARANTEE OF ANY TYPE, IMPLIED OR EXPRESSED, INCLUDING, BUT NOT RESTRICTED TO, THE IMPLIED GUARANTEES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AS WELL AS FITNESS FOR A SPECIFIC PURPOSE, AND ANY GUARANTEES IMPLIED BY ANY COURSE OF USAGE OR PERFORMANCE OF TRADE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. NEW WAY, AND ITS DIRECTORS, CONTENT PROVIDERS, PARTNERS, SUPPLIERS, AGENTS AND EMPLOYEES DON’T WARRANT THAT: (A) THE SERVICE WILL BE AVAILABLE OR SECURE AT ANY PARTICULAR LOCATION OR TIME; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) ANY SOFTWARE OR CONTENT AVAILABLE THROUGH OR AT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SECURITY OR INTEGRITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS EXCLUSIVELY AT YOUR OWN RISK. SOME STATES DON’T ALLOW RESTRICTIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE RESTRICTIONS MIGHT NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): NEW WAY MAKES NO GUARANTY OF PRIVACY OR CONFIDENTIALITY OF ANY INFORMATION OR COMMUNICATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
General Content Disclaimer
NEW WAY makes no warranties or representations regarding the timeliness, completeness, usefulness, reliability, accuracy or appropriateness of any Content and you must not rely on the Content for any purpose. By using the Service, you agree that NEW WAY shall not be accountable for (1) the consequences of any action which you or any other individual takes or fails to take based on any Content or otherwise as a consequence of your use of the Service, (2) any person’s reliance on any such Content, whether or not complete, current and correct or (3) any Content
Limitation of Liability
IN NO CASE SHALL NEW WAY, NOR ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AGENTS, EMPLOYEES OR DIRECTORS OR BE ACCOUNTABLE UNDER NEGLIGENCE, STRICT LIABILITY, TORT, CONTRACT, OR ANY OTHER EQUITABLE OR LEGAL THEORY WITH REGARDS TO THE SERVICE (INCLUDING, WITHOUT RESTRICTION, ANY CONTENT) (I) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAYABLE OR PAID BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DON’T PERMIT THE RESTRICTION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE THE ABOVE RESTRICTIONS AND EXCLUSIONS MIGHT NOT APPLY TO YOU. (II) FOR YOUR DEPENDENCE ON THE SERVICE, (III) FOR ANY TROJAN HORSES, VIRUSES, BUGS, OR THE LIKE (IRRESPECTIVE OF THE SOURCE OF ORIGINATION) OR (IV) FOR ANY LOST PROFITS, DATA LOSS, COST OF BUYING OF REPLACEMENT SERVICES OR GOODS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR RESULTING DAMAGES OF ANY TYPE WHATSOEVER, SUBSTITUTE SERVICES OR GOODS (HOWEVER ARISING).
NEW WAY makes no representation that the Content is correct or available for use in areas outside of California, and accessing the Service is forbidden from regions where such Content is unlawful. If you access the Service from other areas, you do so at your own initiative and are accountable for conformity with local rules.
Integration and Severability
Copyright and Trademark Notices
“NEW WAY” is a trademark of NEW WAY. The names of any actual companies and products mentioned at the Sites might be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice
Just as NEW WAY asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service breaches your copyright, you might inform NEW WAY as per the following policy. The address of NEW WAY’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is NEW WAY’s policy to (1) remove or block access to Content which it believes in good faith to be copyrighted material which has been unlawfully copied and distributed by any of our users, members, content providers, affiliates, or advertisers; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that Content accessible through or residing on the Service or Site violates a copyright, please send a written notice of copyright violation containing the following information to the Designated Agent listed below:
- An electronic or physical signature of the owner of the copyright which has been allegedly violated, or a person allowed to act on such person’s behalf;
- Identification of the copyrighted materials or works allegedly being violated;
- Identification of the Content which is claimed to be violating including information regarding the precise place of the Content which the copyright owner seeks to have deleted, with enough detail so that NEW WAY is capable of finding and verifying its presence;
- Contact information concerning the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the use of the allegedly violating Content isn’t authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is correct and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
As soon as Correct Proper bona Fide Violation Notice is Received by the Nominated Agent: It’s NEW WAY’s policy:
- to disable or remove accessibility to the violating Content;
- to inform the user, member or content provider, that the Content has been removed or access has been; and
- that repeat offenders will have the violating Content removed from the system and that NEW WAY will stop such user’s, member’s or content provider’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
In case the user, member or Content provider believes that the Content which was deleted or to which access was disabled is either not infringing, or the user, member or Content provider believes that it has the right to use and post such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user should send a counter-notice containing the following information to the Designated Agent listed below:
- An electronic or physical signature of the user, member or Content provider;
- Identification of the Content which has been deleted or to which access has been disabled and the place at which the Content appeared before it was disabled or removed;
- A statement that the user, member or Content provider, has a good faith belief that the Content was disabled or removed as a result of a misidentification of the Content or mistake; and
- User’s, member’s or content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the authority of the Federal Court for the judicial district in which the user’s, member’s or content provider’s address is located, or if the user’s, member’s or Content provider’s address is located outside the United States, for any judicial district in which NEW WAY is situated, and that such entity or person will accept service of process from the person who provided notification of the alleged violation.
If a counter-notice is received by the Designated Agent, NEW WAY’s might send a copy of the counter-notice to the original complaining party informing that person that it might replace the deleted Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, member or Content provider, the deleted Content might be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NEW WAY’s discretion.
Please contact NEW WAY’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Block 121,Jln Subang Batu 13,
47000 Sungai Buloh.
You may contact NEW WAY at the following address:
New Way Trading (KL) Sdn Bhd., d/b/a NEW WAY
850 Batu 4 1/2,
Jalan Ipoh 51200 Kuala Lumpur, Malaysia