These terms and conditions (“Terms”) are the terms and conditions in accordance with which we supply Products (each a “Product”) listed on our website www.whoosheyewear.com (the “Site”) to you (the “Terms and Conditions”).
1. Intellectual Property Rights
1.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of WHOOSH EYEWEAR or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by WHOOSH EYEWEAR and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
1.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of WHOOSH EYEWEAR in Malaysia and other countries. WHOOSH EYEWEAR’s trademarks may not be used in connection with any product or service that is not provided by WHOOSH EYEWEAR, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WHOOSH EYEWEAR. All other trademarks not owned by WHOOSH EYEWEAR that appear on the Site are the property of their respective owners.
1.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
1.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from our licensors or us. In the event WHOOSH EYEWEAR becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
1.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by WHOOSH EYEWEAR or its licensors.
2.Limitation of Liability
Save to the extent required by law, we shall not be liable for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise.
To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
Our aggregate liability to you under these Terms shall be limited to a sum equivalent to the total value of your order.
We shall not be liable to you for any loss or damage arising as a result of us being prevented from performing our obligations under these Terms by reasons of circumstances beyond our reasonable control.
None of the provisions contained in these Terms affect your statutory rights.
You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. No person other than WHOOSH EYEWEAR or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated. These terms shall be governed in accordance with Malaysian law.