Terms of use

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Carlsberg believes that our beer brands are there to offer consumers refreshment and responsible enjoyment. They should be consumed responsibly by adults and misuse should be avoided.

Introduction

carlsbergmalaysia.com.my and www.probablythebest.com.my is operated by Carlsberg Brewery Malaysia Berhad and Carlsberg Marketing Sdn. Bhd (we, us, our). We are registered in Malaysia under 9210K and 140534-M and have our registered office at No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia.  From time to time our affiliates may operate or contribute to this Site. Our affiliates are any of our subsidiary or holding companies, and any subsidiary of any such holding company.

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing or registering to use our Site.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you also read our privacy policy and cookies policy and print a copy of this document for future reference.

By accessing and using our Site you are indicating your acceptance to be bound by these terms of use and that you agree to comply with them. They are a legal agreement between you and us that can only be amended with our consent. They should be read in conjunction with the other applicable terms below, and any details provided on our Site about how our Site operates and the services which are available.

If you do not agree to these terms of use, please stop using our Site immediately.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. You warrant that all data provided by you to us is accurate.
  • Our cookies policy, which gives information about the cookies on our Site. By using our Site, you consent to the use of cookies on our Site.
  • Our acceptable use policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site you must comply with this acceptable use policy.

Changes to our terms and Site

We reserve the right to change these terms of use from time to time without prior notice by changing them on our Site. Please check this page from time to time and take notice of any changes we make, as they are binding you.

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available uninterrupted or error free. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. You also understand that we cannot and do not guarantee or warrant that any content of our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our Site is directed to people residing in Malaysia. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside Malaysia, you do so at your own risk.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to or interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet connected device. From time to time, we may restrict access to some features or parts of our Site, or the entire Site.

Registration

Where you are asked to complete a registration form or provide other information the details that you provide must be true, accurate and complete. Please inform us promptly of any changes to the information that you provide.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at :

  • Carlsberg Brewery Malaysia Berhad, No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: [email protected].
  • Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: [email protected].

Intellectual property rights

Unless indicated to the contrary, we are the owner or licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We are the owner or licensee of the trade marks appearing on our Site and all associated trade names, logos and devices unless indicated to the contrary.

You may print off one copy and may download extracts or materials from our Site for your personal use only and any copied material must include all copyright or other proprietary notices appearing on it. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

No right, title or interest in any downloaded materials or software is transferred to you by such downloading or copying. You may not make any other use of material on our Site (including reproductions except as above, publication, alteration or distribution) without our prior written permission.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, 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.

Accuracy of information

The information on our Site is provided for general information only. We will use reasonable endeavours to ensure that information on our Site is accurate, but content, commentary, reviews and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

We make no representations, or warranties or guarantees, whether express or implied, that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. If you find any inaccurate information on our Site please contact us at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: [email protected] and we will endeavour to correct it, where we agree, as soon as reasonably practicable.

Reviews

Any opinions or reviews posted on our Site are the responsibility of their authors and are in no way an expression of our views. We make no warranties or representations, express or implied, about any such opinions or reviews, including as to their legality or accuracy, and we disclaim all liability in connection with them to the fullest extent permitted by law.

Competitions

Any competition conducted or promoted on our Site shall be governed by the terms and conditions specific to such competition.

Links to this and other websites

We may from time to time provide links that will enable you to access the websites of third parties directly from our Site. Such third party sites are not under our control and, unless otherwise stated, no contribution is made by us to the content of such websites. When you click through to these sites you leave the area controlled by us, so we cannot, therefore, accept responsibility for any issues arising in connection with either the third parties' use of your data, our sites’ content, or the products or services offered to you by these sites.

We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on our Site.

Our liability

Although we hope our Site will be of interest to users, we exclude all conditions, warranties and representations or other terms which may apply to our Site or any content on it, whether express or implied, to the extent permitted by law. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

If you using our site as a consumer, we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity and shall only be liable for any losses which are reasonably foreseeable.

If you are using our site as a business user, in no event shall we be liable to you for any:

  • loss of profits, sales, businesses, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to you downloading any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Uploading content to our Site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next section (Rights you licence).

We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy

The views expressed by other users on our Site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, prepare derivative works of, display and perform that user generated content in connection with the service provided by our Site and across various media including the promotion of this Site.

Accessibility

We recognise the need for this Site to be accessible and easy to use regardless of technology or ability.

Whilst we aspire to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of our Site. Content provided by our third party partners and Site users may not adhere to such guidelines and standards.

We are constantly looking to improve the level of accessibility and usability of our Site. If you find something that needs improvement or have difficulty in using this Site please let us know.

General

Any formal legal notices should be sent to us at our registered office above and marked for the attention of the Senior Manager, Legal and Company Secretarial.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms of use.

If any part of these terms of use is found to be unenforceable as a matter of law, all other parts of these terms of use shall be unaffected and shall remain in force.

If you are a consumer, please note that these terms of use, its subject matter and its formation are governed by Malaysia law. You and we both agree to that the courts of Malaysia will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Malaysia law. We both agree to the exclusive jurisdiction of the courts of Malaysia.

Contact us

If you experience problems with our Site or would like to comment on it, please feel free to at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: [email protected].

Updates

These terms of use were last updated in May 2018.