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Terms Of Use




Overview

(a) The following Terms of Use are terms of a legal agreement between you and China Yuchai International Limited (CYI or the Company) governing the use of the website located at www.cyilimited.com and all sites linked to it (Website). By accessing, browsing or using this Website, you acknowledge that you have read, understood and agree to be bound by these terms and comply with all applicable laws and regulations. If you do not agree with these terms, you are not authorized to access and use the Website and should exit immediately.

(b) CYI reserves the right, at its sole discretion, to make changes to the Terms of Use from time to time and to revise any other information contained in this Website without prior notice. Your continued use of this Website following any such changes indicates your agreement to be bound by the amended Terms of Use. CYI reserves its rights to terminate your access to this Website at any time without notice and without providing any reason.

General

(a) You agree to use this Website in accordance with these Terms of Use and for lawful and proper purposes only.

(b) This Website contains certain proprietary and copyright information of CYI and its licensors. You acknowledge the attached copyright and other proprietary rights of CYI and its licensors with regards to the content of this Website, as may be amended from time to time. Users are, subject to compliance with these Terms of Use and all applicable laws and regulations, granted a non-exclusive, non-transferable and limited licence to use this Website.

(c) Users shall not modify, reproduce, display publicly, republish or distribute the content of this Website in any way whatsoever nor shall they use it, in any manner for public or commercial purposes. You may print, copy and download the content of this Website for personal, non-commercial use only provided you do not modify any of the content and you retain all copyright and other proprietary notices contained in the content of this Website. Use of the content of this Website on any website or other flat surface media or internet computer environment for any purpose is strictly prohibited. If you breach any of these terms and conditions, you must immediately destroy any downloaded and printed materials.

(d) All content on the Website including but not limited to artwork, photographs, computer code, the look and feel of the data and content is owned and controlled by the Company and/or its licensors and is protected by copyright, trademark, and other proprietary rights and laws of Singapore and other countries. Any unauthorised use/modification of the content and data on this Website may constitute an infringement of these laws and the rights vested in the Company and/or its licensors.

(e) You further agree:

  1. Not to use this Website in any manner which breaches any applicable law or regulation or cause or which may cause an infringement of any third party rights;
  2. Not to post, transmit or disseminate any information on or via this Website which may be harmful, obscene, defamatory or illegal or create liability on CYIs part;
  3. Not interfere or attempt to interfere with the operation or functionality of this Website; and
  4. Not to obtain or attempt to obtain unauthorized access, via whatever means, to any of CYIs systems.

(f) If CYI (in its sole discretion) believes that you are in breach, or will be in breach, or your failure to comply with these Terms of Use and/or any other applicable laws and regulations, CYI reserves its right to deny you access to this Website without giving you a reason and/or without reference to you.

Disclaimers

This Website is provided on an as-is and as available basis and CYI disclaims all warranties of any kind in relation to the Website, its content, service or features, whether express or implied or statutory, including but not limited to warranties of accuracy, reliability, merchantability, non-infringement and fitness for a particular purpose.

CYI does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Website or this server that makes it available is free of any virus or other harmful elements. It is the responsibility of each user to verify and confirm the accuracy and completeness of all information posted within this Website prior to relying on or taking any action.


Limitation of Liability

IN NO EVENT WILL CYI, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR INABILITY TO USE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CYI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify and hold harmless CYI, and its parent, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party rights, including without limitation any copyright, trademark, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Links to other websites

The Website may contain links to other websites which are not maintained by CYI. Similarly, other websites may contain links to this Website. CYI is not responsible for the contents of those websites and shall not be liable for any loss, damages or injury arising from the access to and use of contents of those websites. Any links to other websites are provided solely for the convenience of the user. If you use these links, you agree that CYI does not express any opinion on nor is it responsible for the content of any such third party websites. You further agree that CYI does not endorse or make any representation about such third party websites and expressly disclaims any liability for the information, products or services found on them. Any use of such third party websites is entirely at the risk of the user.

Miscellaneous

(a) The Terms of Use constitutes the entire agreement between you and CYI with respect to the subject matter hereof and all prior oral or written agreements or understandings previously existing are hereby superseded and cancelled. No waiver of any provision in the Terms of Use shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

(b) This Terms of Use and the relationship between CYI and you shall be governed by the laws of the Republic of Singapore and the courts of the Republic of Singapore will have exclusive jurisdiction in the event of any dispute.