HB-101 Malaysia Terms of Service
Last updated: 28 April 2021
1.2 These Terms of Service constitute a legal agreement between you and us. By accessing the Site and/or using the Services, you agree to be bound by the Terms of Service and any amendments to the foregoing made by us from time to time. If you do not agree to these Terms of Service, please do not access and /or use this Site and/or the Services. We reserve the right to change, modify, add or remove portions of these Terms of Service at any time at our absolute discretion or as required by applicable laws. Any changes will be deemed effective when we have posted the revised version of these Terms of Service on the Site and updated the “Last Updated” date of these Terms of Service. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with the revised Terms of Service or the changes or modifications, you must immediately cease using the Site and the Services. For this reason, you should frequently review these Terms of Service to stay informed of any updates.
1.4 This Site and the Services offered through this Site is not for persons resident in countries or jurisdictions outside Malaysia. We make no representation that this Site is available for use in and/or in compliance with the laws and regulations of your country or jurisdiction. Accordingly, those persons who choose to access and use this Site and the Services from other locations outside Malaysia do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights, whether registered or unregistered, in the Site including but not limited to the content, text, graphics, website design, images, photos, logos, trademarks, service marks, videos, music, sound, their selection and arrangement, software and all software compilations, their source code which are protected by copyright and trademark laws and various other intellectual property rights laws of Malaysia and international conventions (collectively referred to as “Intellectual Property”) are owned by or licensed to us. All rights are reserved by us or where applicable, third party intellectual property owners.
- These Terms of Service do not convey or transfer the ownership rights, title or interest of the Intellectual Property to any persons accessing this Site. You agree and acknowledge that permission will only be granted to you to download, print or use the Intellectual Property for personal, non-commercial uses and for you to use the Services. Nothing in these Terms of Service permits for this Site or any part of this Site or any Intellectual Property to be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in any system or server or equipment without our prior written permission or that of the relevant Intellectual Property owners.
3.1 You will be required to provide us with your personal details to be able to make purchases through our Site. In particular, we will require that you provide us with your name, e-mail address, shipping address, billing address and/or other contact details as indicated.
4. ACCOUNTS AND SECURITY
4.1 You may make a purchase through our Site without creating an account. However, some functions of our Services require registration for an account.
4.3 You agree to (a) keep your password confidential and use only your password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify us of any unauthorized use of your account and/or password or have reason for suspecting that the confidentiality of your account details including your password has been compromised. You are responsible for all activities that occur under your account and/or password (authorized or not) as if such activities were carried out by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Clause.
4.4 You may only open an account and use the Services if you are located in Malaysia.
4.5 Users may terminate their account if they notify us in writing of their desire to do so.
5. USE OF THE SITE AND/OR THE SERVICES
5.1 We grant you a non-transferable and revocable license to use this Site and/or the Services, subject to these Terms of Service. If you fail to comply with any terms or conditions of these Terms of Service, we may effect immediate revocation of the license granted herein with or without notice to you.
5.2 We may from time to time without giving any reason or prior notice change, amend, modify, upgrade, suspend, discontinue, disable or remove the whole or any part of this Site or the Services either on a permanent or temporary basis and we shall not be liable to you if any action taken prevents you from accessing this Site or any part of the Services.
5.3 We reserve the right to, but shall be under no obligation to:
(a) Monitor, screen or otherwise control access and/or use of the Site and the Services as well as any Content (as hereinafter defined) uploaded, posted and/or transmitted on the Site and/or through the use of the Services for any violation of these Terms of Service.
(b) Investigate any actual or suspected violation of these Terms of Services and take the appropriate action.
(c) Request for any information and data from you in connection with your access of the Site and /or use of the Services if we have grounds to suspect that the information and/or data that you have provided is fraudulent, misleading or inaccurate.
(d) Prevent or suspend or restrict access and/or use of any user to the Site and/or the Services whether in whole or in part for any violation of these Terms of Service.
(e) Report any activity we suspect to be in violation of any applicable law, statute or regulation to the law enforcement authorities and to co-operate with such authorities.
(f) Access, retain and disclose your account information and any Content linked to your account whether in whole or in part if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) cooperate with law enforcement authorities in any investigations pertaining to violations of applicable laws, rules or regulations; (iii) to enforce these Terms of Services; (iv) respond to claims that any Content violates the rights of third parties including intellectual property rights, privacy and publicity rights; (v) respond to your requests for customer service or otherwise communicate with you; or (vi) protect the rights, property or personal safety of Petrotek, its users and/or the public.
5.4 You agree not to:
(a) Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(c) Use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent yourself, your affiliation with a person or entity;
(d) Upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) Upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, email, post, transmit or otherwise make available any Content that references other websites, addresses, e-mail addresses, contact information or phone numbers;
(g) Engage in unauthorized framing of or linking to or from the Site;
(h) Disguise the origin of any Content transmitted through the Services by forging headers or otherwise manipulating identifiers;
(i) Remove any proprietary notices from the Site (including any notice of copyright or trademark) posted by us or our licensors;
(j) Use the Services in any manner that will infringe our rights and that of any third parties, including any intellectual property rights and any passing off of the same thereof;
(k) Use the Services to violate the privacy of others or to "stalk" or otherwise harass, harm, disparage, intimidate or threaten other persons;
(l) Cause, permit or authorize the modification, creation of derivative works, adaptation, copying of the Site or any part thereof, including the software, source code, Services provided and Content without our express permission for any commercial purposes or revenue-generating endeavor such as creating a site, product, service or software that is directly or indirectly, competitive with our Site and/or Services;
(m) Open and/or operate multiple user accounts, sell, license or otherwise transfer or assign your account, use your account to advertise or offer to sell goods and services or otherwise in any manner that is contrary to the letter and spirit of these Terms of Service;
(n) Use the Services for the benefit of any third party or in any manner not permitted by the licenses granted herein;
(o) Access our Site, open an account, or otherwise access your account by any means other than through the interface provided by us, for example, by using an emulator, simulator, bot or other similar hardware or software;
(p) Manipulate the description or price of any item or interfere with other user's shopping cart items;
(q) Take any action that may undermine feedback or product reviews or our customer support such as submitting false reports of abuse or misconduct or making improper use of feedback, product reviews and customer support;
(r) Attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(s) Use the Services to harvest or collect or store any information including, without limitation, any personal data about or regarding other account holders /users, by way of any spyware or passive collection mechanisms (“pcms”) for the purposes of any prohibited conduct and activities set forth herein;
(t) Upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;
(u) Upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment which modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of this Site and the Services and any user’s uninterrupted use and enjoyment of this Site and the Services;
(v) Circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Content or enforce limitations on use of the Sites or the Content;
(w) Interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site including by using any device, software or routine to bypass robot exclusion headers;
(x) Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(y) Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services; or
(z) Use the Site and Services to violate or circumvent any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to consumer protection, unfair competition, anti-discrimination or false advertising, anti-money laundering or counter-terrorism, export control, administration or enforcement of any sanctions or embargo.
6. YOUR CONTENT SUBMISSIONS
6.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, or otherwise, including the submission of product ratings and reviews, feedback and all other data, profile information, documents, text, software, applications, images, photographs, graphics, music, sound, video, messages, content, information, forum postings, comments, questions, answers or other materials (collectively, “Content”). Your responsibility shall include, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content submission. We will not accept Content from you unless you are a registered user of the Site.
6.2 By submitting Content for inclusion on this Site and/or on the Services, you represent and warrant that:
(a) You are the sole author and owner of the intellectual property, and other, rights thereto or have the necessary licenses, rights, authorizations, consents and permissions to grant to us to the licenses as set forth in these Terms of Service;
(b) You agree to voluntarily waive all “moral rights” (and any similar rights in any part of the world) that you may have in such Content;
(c) You will exercise care and restraint in submitting Content as you understand that your Content will be available to all other users of the Site and potentially the Social Sites; and
(d) The Content that you submit does not violate these Terms of Service.
6.3 You understand that all Content that you submit is not confidential and may be used at our discretion without compensation or liability to you for any purpose whatsoever. For any Content that you submit, you grant us and any of our related entities a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, redistribute, copy, transmit, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform such Content through or in connection with the Services, create derivative works from and/or sell such Content and/or incorporate such Content in any form, media format, media channel, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Service and your use of the Site.
6.4 We do not endorse any Content or any opinion, product reviews or ratings, recommendation or advice expressed therein, and we disclaim all liability with respect to the Content.
6.5 We will have the right (but not the obligation) in our discretion, and without notice and without any liability to you, to pre-screen, change, edit, condense, refuse to post, restrict access to, limit the availability of, delete, remove, move, stop, suspend, withdraw or discard any Content on the Site (i) that violates any provision of these Terms of Service; (ii) if we receive a complaint from another user; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; (iv) that violates any applicable laws, rules or regulations; or (v) is otherwise objectionable.
7. YOUR USE OF CONTENT ON THE SITE
7.1 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. To the fullest extent permitted by law, we are not and shall not be liable for any Content uploaded, posted, transmitted, made available or provided by our users in any public forum on the Site or any Social Sites.
7.2 You may access and use the Content on the Site only as permitted under these Terms of Service and you agree to comply with these Terms of Service in your access and use of Content.
7.3 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, integrity, quality or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by us or submitted to us, including, without limitation, information in any public forum available in any part of the Site and /or on Social Sites.
7.4 To the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via or to the Site and/or Social Sites.
8. THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
8.1 The Services may contain links to content of third parties (“Third Party Content”) including links to Social Sites and other third party websites (“Third Party Websites”). We do not monitor, approve or have any control over Third Party Content and /or Third Party Websites and the inclusion of Third Party Content including Third Party Websites does not imply any affiliation, endorsement or sponsorship, association or relationship between us and such third party.
9. PRODUCT INFORMATION
9.1 Any information or material made available on the Site in connection with our sale and supply of products, including photographs, drawings, descriptions /data about the extent of the delivery, appearance, dimensions, weight, ingredients, performance, benefits, advantages, instructions on use /application, pricing, promotions or any information disclosed are not binding and are for informational and educational purposes only. In entering into the Contract (as hereinafter defined), you acknowledge that you do not rely on and waive any claim based on any such representations or information so provided.
9.2 While we endeavour to provide an accurate description of the products, we do not warrant that such description is accurate, current or free from error. In the event that the product that you receive is fundamentally different from the product as described on this Site and which you have ordered, our Returns, Refunds, Replacement and Cancellation Policy shall apply.
9.3 We may correct any errors, inaccuracies or omissions, change or update any information issued by us on our Site or cancel orders in any quotation or invoice or other document if any information on the Site is inaccurate at any time with or without prior notice at our option and without any liability to you, including after you have submitted your order.
10. CONTRACT FORMALISATION
10.1 Your order constitutes your offer to us to purchase one or more products from us. All orders shall be subject to our acceptance in our sole discretion and each order accepted by us shall constitute a separate Contract. We shall be entitled but under no obligation to process your order. Subject to Clause 10.4, if you request to cancel your order, we will endeavor (but shall not be obliged) to give effect to such cancellation on a commercially reasonable effort basis subject to our Returns, Refunds, Replacement and Cancellation Policy.
10.2 To place an order with us, add the product you wish to purchase to your shopping cart through the Site, then click on “Checkout”. You will then be required to furnish us with necessary information including contact information, shipping and billing address. You will also be required to choose your payment method and complete payment. Upon submission of your order, your receipt of an electronic or any form of order confirmation from us does not signify an acceptance of your order. Instead, it is merely a notification from us of our receipt of your order.
10.3 We will confirm our acceptance of your order by sending you an e-mail that confirms that the product has been dispatched (“Shipping Confirmation”). The contract between you and us for the sale and purchase of a product (“Contract”) will only be formed when we send you a Shipping Confirmation. For the avoidance of doubt, we shall be entitled to refuse or cancel any order without giving any reasons to you prior to issuance of the Shipping Confirmation. This is notwithstanding that you have already made payment and funds have been deducted from your account. If we do not accept your order or are unable to proceed with the transaction, the funds deducted shall be fully refunded via the payment method used by you.
10.4 No concluded Contract may be modified or cancelled by you. Once a Contract is concluded pursuant to this Clause 10 by your receipt of a Shipping Confirmation, you may only return the product and/or request for a refund in accordance with our Returns, Refunds, Replacement and Cancellation Policy.
11.1 The price of the product shall be the price stated on the Site at the time when you place and complete an order. Shipping and delivery fees /charges and applicable taxes, customs and duties be calculated upon checkout and included in the total price for the transaction.
11.2 Whilst we make reasonable efforts to ensure that the prices stipulated on our Site are correct, errors may occur. We will notify you as soon as possible if we discover an error in the price of any of the products that you have ordered and give you the option of confirming your order at the correct price. However, if we are unable to contact you, your order may be cancelled and you will be refunded the full amount paid by you in accordance with our Returns, Refunds, Replacement and Cancellation Policy.
12. PAYMENT METHODS
12.1 We accept the following payment methods:
(a) Credit and Debit Cards
We accept all Visa and MasterCard credit and debit cards which are 3D Secure enabled (verified by Visa and secured by MasterCard). Card payments are subject to validation checks and authorization by the card issuer.
(b) Bank Transfer
By using this method, you will make payment through internet banking by way of transfer of the amount of the total purchase price (inclusive of shipping and delivery fees /charges and applicable taxes, customs and duties) of the product to our account.
SenangPay is our payment gateway service provider. We accept all payment methods enabled by SenangPay which include Visa and MasterCard credit and debit cards, FPX payment (Financial Process Exchange), Touch 'n Go eWallet, GrabPay eWallet and Boost eWallet.
12.2 We do not accept cash on delivery as a payment method.
12.3 We take no responsibility and assume no liability for any loss or damages to you arising from wrong shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the product purchased. We reserve the right to check whether you are duly authorized to use certain payment methods, and we may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
13.1 The products displayed on this Site can only be ordered and delivered within Malaysia. Please refer to our Shipping and Delivery Policy for information on the delivery options that we offer.
13.2 If you selected shipping as your delivery option, delivery of any products that you ordered shall be made to the shipping address specified by you.
13.3 We use third party logistics providers in delivering the product to you. Any dates quoted for delivery of the product are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.
13.4 We bear all risks attached to the delivery of the purchased product and warrant that we will obtain adequate insurance coverage for the delivery of the purchased product. In the event the purchased product is damaged or lost or there is a failure of delivery during the course of delivery where the product is in transit, you acknowledge and agree that we will not be liable for any damage, expense, cost or fees resulting therefrom except that you may obtain a replacement of the product or a refund in accordance with our Returns, Refunds, Replacement and Cancellation Policy. If there are any claims or disputes in relation to damages, either party and /or both parties may resolve such dispute or make any necessary claim with the respective third party logistics provider.
14. RETURNS, REFUNDS, REPLACEMENT AND CANCELLATION OF PRODUCTS
14.1 All returns, refunds, replacement and cancellation of products shall be done in accordance with our Returns, Refunds, Replacement and Cancellation Policy.
14.2 We reserve the right to cancel any transaction on the Site and you agree that your sole remedy will be to receive a refund.
15. RISK AND PROPERTY OF THE PRODUCTS
15.1 Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when we have tendered delivery of the products.
15.2 Notwithstanding delivery and the passing of risk in the products or any other terms in these Terms of Service, the property in the products shall not pass to you until we have received in cash or cleared funds payment in full.
15.3 Until such time as the property in the products passes to you (and provided the products are still in existence), you shall hold the products as our fiduciary agent and bailee and you shall keep the products separate from those of yours. We shall be entitled at any time to demand that you deliver the products to us and in the event of non-compliance we reserve our right to take legal action against you for the delivery of the products and also reserve our right to seek damages and all other costs related to recovery including but not limited to legal fees against you.
16.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke or suspend any or all of your rights granted under these Terms of Service which would include termination of your account and password and denial of your access to and use of this Site and/or Services in whole or in part. Any such termination of your account or revocation or suspension of your rights to access and use the Site and/or Services in whole or in part may result in removal of any Content associated with your account, cancellation of any transactions associated with your account, withholding temporarily or in more serious cases permanently any refunds and /or any other actions that we deem necessary. Grounds for such action may include violation of these Terms of Service and/or use of your account and the Services for illegal purposes to violate any applicable laws, rules and regulations or to engage in any potentially fraudulent or suspicious activity and/or transactions which may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your account or your use of the Services for any reason, we may terminate your account immediately with or without notice.
16.2 If users terminate their account by notification in writing to us, users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and users must contact us after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. We shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause. If users are dissatisfied with this Site and/or the Services offered through this Site or with any of our terms, conditions, rules, policies, guidelines, or practices comprised in these Terms of Service, in operating the Site and/or providing the Services, their sole and exclusive remedy is to discontinue using the Site and/or the Services.
17. DISCLAIMERS AND LIMITATION OF LIABILITY
17.1 We are providing this Site and the Services on an as-is basis and we make no representations, warranties or claims of any kind, whether express or implied or statutory with respect to the operation of the Site and the Services, the Content included on the Site or as part of the Services. Without limiting the generality of the foregoing and to the maximum extent permitted by applicable law, we do not make any representation or warranty (i) regarding the accuracy, completeness, timeliness, quality or commercial value of the Content contained on the Site or included as part of the Services; (ii) that this Site, the Services or the features or functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free; (iii) that defects, if any, will be corrected; or (iv) that this Site, the Services and /or the server that makes the same available will be free from any worms, viruses, timers, clocks, counters, software locks, Trojan horses, drop dead devices, routings, trap doors, time bombs or any other potentially malicious, destructive, or corrupting computer programs, codes, instructions, components or files.
17.2 To the maximum extent permitted by applicable law, we will not be liable for damages of any kind arising from the use or inability to use this Site or the Services, even if we have been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all kinds of damages, including but not limited to loss of use, loss of data, loss of profits, loss of revenue, loss of good will, loss of or damage to property and claims of third parties, in each case whether direct or indirect, incidental, special, punitive or consequential damages. You acknowledge and agree that if you are dissatisfied with the use of the Site and the Services, your only right is to request for termination of your account and/or discontinuance of any use of the Services.
17.3 Where a user is dealing as a consumer (within the meaning of the Sale of Goods Act and Consumer Protection Act), we further give such consumer guarantees or implied warranties or conditions which cannot be excluded, restricted or modified by law except to a limited extent. These Terms of Service shall be read subject to such applicable legislation and nothing in these Terms of Service shall be taken or interpreted to alter or restrict the operation of such legislative provisions.
17.4 We will avail ourselves of any and all limitations permitted under the law in the exclusion, restriction or modification of the application of consumer guarantees or implied warranties or conditions. We will not be liable for any claim arising out of your incorrect, unsuitable or improper use of any products purchased through the Site including use that does not comply with any product instructions or that may be considered unexpected or unreasonable, defective or negligent handling, negligence, wilful damage, improper maintenance or storage, improper remedy of defects or misuse of the products.
17.5 We will be under no liability whatsoever in respect of any defects in the products arising after the expiry of any applicable warranty period.
17.6 Where there is any defect in the quality or condition of the products or the products are damages or where the products fail to correspond with specifications or is materially different from the description provided, you may apply to return the defective and/or damaged products to us in exchange for a replacement or a refund in accordance with our Returns, Refunds, Replacement and Cancellation Policy.
18.1 You agree to indemnify, defend and hold harmless Petrotek, and its shareholders, directors, officers, employees, representatives, subsidiaries, affiliates, agents, co-branders or other partners, joint ventures and third party service providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, suits, demands, losses and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any reasonable legal fees and other dispute resolution expenses), incurred by any Indemnified Party arising out of or relating to: (i) your access and use or misuse of the Site and the Services; (ii) any transaction made on the Site, or any dispute in relation to such transaction; (iii) your violation or breach of any term of these Terms of Service; (iv) any breach of your representations and warranties set forth regarding Content submitted by you; (v) your violation of any law or the rights of a third party (including without limitation, intellectual property rights, privacy rights or publicity rights); (vi) any claim that the Content you submitted caused damage to a third party.
18.2 This indemnification obligation will survive the termination of these Terms of Service and your use of the Site and the Services.
19. FORCE MAJEURE
19.1 We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Service (or any part thereof) or any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).
19.2 Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: (i) strikes, lockouts, labour disputes or other forms of protest; (ii) civil unrest, revolts, riots, rebellions, invasion, terrorist attacks or terrorist threats, war (declared or not) or threat or preparation for war; (iii) fires, floods, storms, earthquakes, explosions, any acts of God or any other natural disasters; (iv) epidemics, pandemics, global health emergencies or outbreak of communicable diseases, lockdowns, quarantine restrictions, national or regional emergencies; (v) acts, decrees, legislation, regulations or restrictions or sanctions of any government or public authority such as trade embargoes or restrictions in travel; (vi) inability or difficulties in using trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private due to reasons such as freight embargoes, disruptions in the supply chain, increase in freight costs; or (vii) inability to use public or private telecommunications systems; or (viii) failure or accident in maritime or river transport, postal transport or other type of transport.
19.3 Our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the time period to fulfill these obligations.
20. GENERAL PROVISIONS
20.1 Severability. If at any time any clause or provision of these Terms of Service shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of these Terms of Service shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from these Terms of Service.
20.2 Waiver. Our failure at any time or times to require performance of these Terms of Service shall in no manner constitute a waiver of these Terms of Service and/or affect our right at a later time to enforce these Terms of Service.
20.3 Entire Agreement. The terms set forth in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Site and the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties have not relied on any implied terms in fact, any statement, representation, warranty, understanding, undertaking, promise or assurance of any person whether written or oral in entering into any Contract formed by these Terms of Service. Any such implied terms, statement, representation, warranty, understanding, undertaking, promise or assurance is hereby extinguished.
20.4 Rights of Third Parties. No person who is not party to the Contract formed by these Terms of Service shall have any right to enforce any terms of the Contract.
20.5 No Partnership. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorize you to incur any costs or liabilities on our behalf.
20.6 Non-assignment and Transfer. You may not assign or transfer any of your rights or obligations hereunder.
20.7 Governing Law and Dispute Resolution. These Terms of Service, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.
20.8 Inquiries. You may contact us at [email protected] if you have any questions or concerns about these Terms of Service or issues related to the Site or the Services. Alternatively, you may send us your inquiries through our Contact Form which is posted on our Site.