# Online Terms Of Use  

These Online Terms of Use govern your access to and use of the web site(s) owned and controlled by YTL Cement Berhad ("YTL Cement"), including its subsidiaries, related corporations and affiliates (together referred to as "YTL Cement Group"), which link to these Online Terms of Use (together referred to as "YTL Cement Web Sites"). These Online Terms of Use do not apply to third-party web sites to which YTL Cement Web Sites may link to save as otherwise provided herein.

Your access to and use of the YTL Cement Web Sites is subject to these Online Terms of Use and the Privacy Policy. By accessing or using YTL Cement Web Sites, you are deemed to have read, understand, and agree to be bound by these Online Terms of Use. If you disagree to be bound by these Online Terms of Use, your sole remedy is to discontinue assessing or using the YTL Cement Web Sites.

YTL Cement reserves the right to amend these Online Terms of Use at YTL Cement’s sole and absolute discretion. If YTL Cement amends these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes with the effective amendment date stated at the top of these Online Terms of Use.

##### **DISCLAIMERS** 

You acknowledge and agree that:  
  
1. Although YTL Cement Group strives to provide the latest developments relating to YTL Cement Group’s products and services and other information about YTL Cement Group on these YTL Cement Web Sites, the information on these YTL Cement Web Sites are presented "AS IS" and may include technical inaccuracies or typographical errors. YTL Cement Group does not warrant the accuracy, effectiveness, timeliness and suitability of any information contained in these YTL Cement Web Sites and you shall assume full responsibility and all risks arising from and out of your use and reliance of the information found on these YTL Cement Web Sites. YTL Cement Group suggests that you seek independent professional advice before making any decision based on the information on thee YTL Cement Web Sites.

2. YTL Cement reserves the right to make additions, deletions, or modifications to the information contained on YTL Cement Web Sites at any time and from time to time without any prior notification or liability to you.

3. YTL CEMENT GROUP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON YTL CEMENT WEB SITES. YTL CEMENT GROUP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL YTL CEMENT GROUP BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF YTL CEMENT WEB SITES, AND/OR THE INFORMATION OR CONTENT POSTED ON YTL CEMENT WEB SITES, REGARDLESS OF WHETHER YTL CEMENT GROUP HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

4. YTL Cement Group shall not be responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on YTL Cement Web Sites, YTL Cement Group will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on YTL Cement Web Sites. Any information or content from third parties or from third-party sites are not endorsed by YTL Cement Group and you shall assume full responsibility and all risks arising from and out of your use and reliance of such information and content.

##### **YOUR USE**  

You understand, acknowledge, and agree to the following:

1. By accessing or using YTL Cement Web Sites, you agree not to disrupt or intercept our electronic information posted on YTL Cement Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of YTL Cement Web Sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

2. Except as expressly stated and agreed upon in advance by YTL Cement Group, no legal relationship shall be established in the event that any user of YTL Cement Web Sites should make any oral, written or electronic communication to YTL Cement Group (such as feedback, questions, comments, suggestions, ideas, etc.).

3. If any YTL Cement Web Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number and/or email address), YTL Cement Group shall obtain, use, process and maintain such personal information in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential and YTL Cement Group shall be free to reproduce, publish, translate, distribute or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to YTL Cement Group is fully responsible for its content, including its truthfulness, accuracy, completeness and its non-infringement of any other person's proprietary or privacy rights.

4. You shall hold YTL Cement Group including our respective directors, officers, managers, shareholders, employees, agents or contractors harmless and indemnify YTL Cement Group including our respective directors, officers, managers, shareholders, employees, agents or contractors from any claims from third party arising from and out of your breach of these Online Terms of Use.

##### **INTELLECTUAL PROPERTY**
The domain name, information, specifications, documents, designs and graphics published in YTL Cement Web Sites (the "Information") are the sole property of YTL Cement Group and are protected by copyright and trademark laws of Malaysia, except for information provided by third-party providers under contract to YTL Cement Group. No Information shall be used, copied, reproduced, uploaded or distributed by you unless with YTL Cement Group’s prior written consent.

YTL Cement Group is not responsible for information or content provided by third-party providers and you are prohibited from using, copying, reproducing, uploading or distributing such information or content without the consent of the owner of the information or content therein.

There shall be no use of any YTL Cement Group’s trademarks, trade names, and trade dresses in YTL Cement Web Sites without the prior written consent of YTL Cement Group.

Except as consented above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of YTL Cement Group.

##### **PRIVACY AND SECURITY**
YTL Cement Group is committed to safeguarding your privacy online as we understand the importance of privacy to our customers and visitors to YTL Cement Web Sites.

The processing of personal data is governed by our Privacy Policy and by accessing or using YTL Cement Web Sites and providing YTL Cement Group your personal data, you agree to be bound by our Privacy Policy. While YTL Cement Group has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, YTL CEMENT GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU EVEN IF YTL CEMENT GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YTL CEMENT GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS DO NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION OR DATA PROVIDED SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DO NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please take note that there are sections of these YTL Cement Web Sites that are restricted to certain authorized users only. These sections are subject to additional terms of use contained therein and accessible by entering a user name and password. If you are an authorized user, you are fully responsible for maintaining, safekeeping and securing the confidentiality of your username and password.

##### **LIMITATION OF LIABILITY**
YTL Cement Group does not assume any liability for the content, materials, information and opinions provided on, posted to, or otherwise available through YTL Cement Web Sites. Reliance on these materials, information and opinions is solely at your own risk. YTL Cement Group and our directors, officers, managers, shareholders, employees, agents or contractors disclaim any liability for injury or damages resulting from the use or reliance of YTL Cement Web Sites, or the content, materials, information and opinions contained thereon.

IN NO EVENT SHALL YTL CEMENT GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE YTL CEMENT WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH YTL CEMENT WEB SITES OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN YTL CEMENT WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY YTL CEMENT GROUP AND WHETHER OR NOT YTL CEMENT GROUP INCLUDING ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to YTL Cement Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO YTL CEMENT WEB SITES.

##### **GENERAL**
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.

These Online Terms of Use shall be governed by the laws of Malaysia notwithstanding that it is or may be assessible in or viewed in any other jurisdiction.