TERMS OF USE
1. GENERAL
1.1. These terms and conditions of use (“Terms of Use”) shall apply to any individual (whether in its personal capacity or on behalf of an entity) or entity (“User” or “you”) accessing or visiting this website (“www.hal.pet”) (“Site”) on any device, completing the registration process to create an account (“Account”) on the Site, and/or using any applications or application plug-ins (“Applications”) services or products (“Services”) provided by, operated and/or owned by Majestic Grooming Sdn. Bhd. (“we”, “our” or “us”) and/or its associated/affiliated companies or licensors, in any geographical location (“Group”).
1.2. We reserve the right to amend, modify, update, change or otherwise alter these Terms of Use from time to time at our sole discretion. You are advised to read these Terms of Use carefully and to check regularly for any updates, changes or modifications. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site, Applications and/or Services.
1.3. Without prejudice to any other provision in these Terms of Use, you represent, warrant and unconditionally agree:-
1.3.1. that you are entering into a binding legal agreement with us and have read and understood these Terms of Use;
1.3.1.1. to the extent that you are acting in your own personal
capacity, that you are over 18 years of age and have the legal capacity to be bound by these Terms of Use or;
1.3.1.2. to the extent that you are acting on behalf of an entity, that
you are over 18 years of age and have the legal capacity and authority to bind the said entity to these Terms of Use; and
1.3.2. to comply with all applicable laws, regulations and rules in relation to your access to and use of the Site, Applications and/or Services.
1.4. These Terms of Use shall prevail notwithstanding any amendments made by you. Any amended conditions submitted, proposed or stipulated by you, regardless of whether we have objected to them explicitly, are expressly waived and excluded.
2. ACCESS TO THE SITE AND/OR APPLICATIONS AND SERVICES
2.1. To use our Site, Applications and/or Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer or other device and internet access. Access to the Site, Applications and/or Services may be limited or delayed based on problems inherent in the use of internet and electronic communications. You understand that we are not responsible for delays, delivery failures, or other damage resulting from such problems.
2.2. We do not guarantee that the Site, Applications and/or Services will always be available or uninterrupted.
2.3. We reserve the right to:-
2.3.1. terminate, disable, suspend, interrupt, change, update, modify or discontinue any aspect of the Site, Applications and/or Services from time to time at our sole discretion without notice;
2.3.2. reject potential Users that do not meet the reasonable rules and requirements established from time to time by us for use of the Site, Applications and Services;
2.3.3. terminate your access to and use of the Site, Applications and/or Services if you fail to comply with these Terms of Use; and
2.3.4. impose limits on certain features of the Site, Applications and/or Services, to deny or restrict access to parts or all of the Site, Applications and/or Services to any particular person, or to block access from a particular internet address to the Site, Applications and/or Services, at any time, without ascribing any reasons whatsoever.
2.3.5. We shall not be liable to you if for any reason the Site, Applications and/or Services are unavailable at any time or for any period.
3. CONTENT
3.1. The Site, Applications and/or Services are owned and operated by us or a member of the Group. All rights, title and interest in and to the content provided on the Site, Applications and/or Services, including but not limited to information, documents, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, (“Content”) are owned either by us, a member of the Group or by our respective third party partners, affiliates, authors, developers or vendors (“Third Party Providers”), which may be indicated by a link to or from an external source, or otherwise.
3.2. We strive to keep our Content accurate, current and up-to-date. However, we cannot guarantee that all of the Content on the Site, Applications and/or Services is completely accurate or current or up to date.
3.3. Except as otherwise expressly provided by us, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on or contained in the Site, Applications and/or Services shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Content. Any and all rights in the Content are reserved by us.
3.4. Any and all Content is for general information purposes only and is not binding on us in any way except to the extent that it is specifically indicated to be so. The Content has been provided on an "as is" and "as available" basis and is of a general nature which have not been verified, considered or assessed by us in relation to the making of any specific legal, business, financial or commercial decision.
3.5. The Content is not provided with regard to the specific legal objective, financial situation or needs of any particular person who may receive the Content. Accordingly, you should seek professional legal advice at all times and obtain independent verification of the information and materials contained herein before taking, or refraining from, any action on the basis of the Content.
3.6. It is possible, despite our reasonable efforts, that there may be an error in the Content that relates to fees payable by you in relation to the use of the Site, Applications and/or Services. If we discover any such error(s), we will inform you of this error and give you the option of continuing to use the Site, Applications and/or Services based on the revised accurate Content. We will not proceed until your instructions have been obtained. If we are unable to contact you using the contact details registered under your Account, we will suspend the use of the Site, Applications and/or Services and to the extent any payment(s) have been made by the to us, such monies shall be refunded. For the avoidance of doubt, notwithstanding any provision to the contrary, if any error in the Content is obvious and unmistakable and could have reasonably been recognised by you as an error, we are not bound to allow you to use the Site, Applications and/or Services based on such erroneous Content.
3.7. The Site, Applications and/or Services may contain links to websites controlled by parties other than us (each a “Third Party Site"). We work with a number of Third Party Providers whose sites are linked with us. We may also provide links to other citations or resources with whom we are not affiliated. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantees, or are legally authorised to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site. Your use of such Third Party Site may be subject to that Third Party Site’s terms and conditions.
4. USE OF SITE, APPLICATIONS AND/OR SERVICES
4.1. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing, exploiting or selling any part of or any Content obtained from the Site, Applications and/or Services.
4.2. You may not use the Site, Applications and/or Services:-
4.2.1. in any way that violates these Terms of Use or any applicable laws, regulations, rules, third party rights, or any of our policies;
4.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.2.3. to decompile, disassemble, reverse-engineer, or derive or attempt to derive the source code form of Site, Applications and/or Services;
4.2.4. in any way that circumvents or manipulates our price structure, the billing process, or the money owed to us;
4.2.5. to circumvent, disable or otherwise interfere with security-related features of the Site, Applications and/or Services or features that prevent or restrict use or copying of any Content or that enforce limitations on the use of the Site, Applications and/or Services;
4.2.6. to post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
4.2.7. to develop a competing service or product;
4.2.8. to take any action that may undermine the feedback or ratings systems of the Site, Applications and/or Services;
4.2.9. transfer or allow your Account to be used by another party without our consent;
4.2.10. to transmit, distribute, post or procure the transmission, distribution, posting of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including but not limited to spam, chain letters, or pyramid schemes);
4.2.11. to knowingly or recklessly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or device software or hardware; and/or
4.2.12. to harvest or otherwise collect personal information about other Users, including email addresses, without their consent.
5. ACCOUNT AND SECURITY CODES
5.1. In order to use certain aspects of the Site, Applications and/or Services, you must create an Account and complete the registration process by providing us with current, complete and accurate information. Notwithstanding any provision to the contrary, to the extent that you are creating an Account on behalf of an entity, these Terms of Use shall constitute the binding legal agreement between the entity named in the Account and us.
5.2. We reserve the right in our sole discretion to refuse to approve the creation of an Account.
5.3. If you choose, or are provided with, a User identification code, password or any other piece of information as part of our security procedures (“Security Codes”), you must keep all such Security Codes secure at all times and shall not disclose them to any third party.
5.4. You are solely responsible for the use of your Account and the confidentiality and use of your Security Codes. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for any activity that occurs in connection with your Account, regardless of whether such activity is associated with any unauthorised use of your Account and/or Security Codes.
5.5. You agree to notify us immediately if you know of or suspect any unauthorised use of your Account and/or Security Codes or if the confidentiality of your Account and/or Security Codes has been compromised. We may at our sole discretion require you to use and shall issue to you, replacement Security Codes.
5.6. You may not use a third party's Account and/or Security Codes at any time. We shall not be liable for any losses you incur as a result of someone else's use of your Account and/or Security Codes, either with or without your knowledge. You may be held liable for any losses incurred by us, the Group, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your Account and/or Security Codes.
5.7. You shall notify us immediately at “meow@hal.pet” upon receipt of any data or information which is not intended for you and you shall delete such data or information from your device or computer equipment immediately.
5.8. We reserve the right to terminate your Account at any time without notice, if we believe that you have in any way breached any of these Terms of Use or violated or acted inconsistently with the spirit of these Terms of Use or violated the rights of any member of the Group, any other Users and/or third parties.
5.9. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your personal information only as described in the privacy policy (“Privacy Policy”). For a complete description of how we use and protect your personal information, please refer to our Privacy Policy on the Site, the terms of which are incorporated by reference to these Terms of Use as if they were set forth herein in their entirety.
5.10. In connection with the use of the Site, Applications and/or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sub licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the Site, Applications and/or Services. You may revoke this license and terminate rights held by us at any time by removing your personal information from the Site, Applications and/or Services as the case may be.
5.11. By creating an Account, you agree that you may receive communications from us, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. We or a member of the Group are the owner or the licensee of all intellectual property rights in the Site, Applications and/or Services. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to the Group’s trademarks, Applications, Services or business activities. All rights, title and interest in the aforementioned materials are owned by, licensed to or controlled by us or a member of the Group.
6.2. No Content shall be reproduced, copied, modified, licensed, transferred, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior written consent of the Group. Graphics and images on the Site, Applications and/or Services, including, but not limited to, logos and related images, are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective copyright owners.
6.3. The downloading of any Content from the Site, Applications and/or Services by you does not in any way transfer title of such Content to you. You own the medium on which the Content is recorded but the Group retains full and complete right, title and interest in and to the Content and all intellectual property rights therein, excluding any Content provided by other third parties and any User-Generated Content (as defined below). You may not redistribute, sell, de-compile, reverse-engineer or disassemble or otherwise deal with the Content nor create derivative works from the Site, Applications and/or Services. Any unauthorised use of the Site, Applications and/or Services and/or the Content is strictly prohibited.
6.4. Modification of any of the Content or use of any of the Content for any other purpose will be a violation of ours and the Group’s copyright and other intellectual property rights.
6.5. You may not hack, “scrape” or “crawl” the Site, Applications and/or Services whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information we have not intentionally made available to you on the Site, Applications and/or Services.
7. USER-GENERATED CONTENT
7.1. We do not claim ownership of or responsibility for the content you provide to us (including comments, feedback, ratings, suggestions) or post, upload or submit to the Site, Applications and/or Services for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”).
7.2. Any User-Generated Content posted, uploaded or submitted on the Site, Applications and/or Services will be considered non-confidential and non-proprietary and you grant us an irrevocable, non-exclusive, worldwide, royalty-free license in perpetuity to use, adapt, modify, copy, distribute, reproduce, publish, exploit, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you. No User-Generated Content submitted shall be deemed confidential.
7.3. We have the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Site, Applications and/or Services constitutes a violation of their intellectual property rights, or of their right to privacy and we will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other User.
7.4. We have the right, but not the obligation, in our sole discretion to edit, redact, remove, re-categorise to a more appropriate location or otherwise modify any and all User-Generated Content.
7.5. You agree that any User-Generated Content that you post, upload or submit to the Site, Services and Applications:-
7.5.1. is accurate (where they state facts);
7.5.2. is genuinely held (where they state opinions); and
7.5.3. complies with any applicable laws in the country from which they are posted.
7.6. You agree that you are solely responsible for all User-Generated Content that you post, upload or submit to the Site, Applications and/or Services.
7.7. You agree that you shall not post, upload or submit to the Site, Applications and/or Services, any User-Generated Content that:-
7.7.1. is not related to appropriate subject matter;
7.7.2. is or may be potentially misleading to others;
7.7.3. contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful regardless of intent;
7.7.4. infringes any third party intellectual property rights or rights or publicity or privacy;
7.7.5. is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or religiously, racially, ethnically or otherwise biased or offensive;
7.7.6. promotes violence;
7.7.7. promotes any illegal activity;
7.7.8. is likely to deceive any person;
7.7.9. is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.7.10. contains or constitutes any unsolicited or unauthorised advertising, promotional materials, junk, spam, chain letters, or any other form of solicitation;
7.7.11. includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
7.7.12. advocates, promotes or assists any unlawful act such as (including but not limited to copyright infringement or computer misuse);
7.7.13. intentionally or unintentionally breaches any applicable law, regulations or rules (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
7.7.14. that otherwise violates these Terms of Use.
7.8. The User-Generated Content does not represent our views, opinions, advice, values or beliefs and we make no warranties, representations or claim of accuracy or completeness of any such User-Generated Content.
8. VIOLATIONS
8.1. We will determine, at our own discretion, whether there has been a breach of these Terms of Use through your use of the Site, Applications and/or Services and reserve the right to take any such action as we deem appropriate, including but not limited to the following actions:-
8.1.1. immediate, temporary or permanent removal of any User-Generated Content from the Site, Applications and/or Services at any time and for any reason;
8.1.2. immediate, temporary or permanent withdrawal of your right to use the Site, Applications and/or Services;
8.1.3. immediate suspension or termination of your Account;
8.1.4. issue of a warning to you; and/or
8.1.5. institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:-
9.2. ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES;
9.3. ANY UNAUTHORISED ACCESS TO OR USE OF THE SITE, APPLICATIONS AND/OR SERVICES USING YOUR ACCOUNT AND/OR SECURITY CODES;
9.4. ANY UNAUTHORISED ACCESS TO OR USE OF SECURE SERVERS (WHETHER PROVIDED BY US DIRECTLY OR BY THIRD PARTIES APPOINTED BY US) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
9.5. ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM A USER’S ACCESS TO AND USE OF OR RELIANCE ON ANY CONTENT, USER-GENERATED CONTENT, SERVICES AND/OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES AND/OR ANY LINKED THIRD PARTY WEBSITE(S);
9.6. ANY INTERRUPTION, DELAY, INTERCEPTION, FAILURE OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES PROVIDED ON THE SITE, APPLICATIONS AND/OR SERVICES AND/OR LINKED THIRD PARTY WEBSITE(S);
9.7. ANY VIRUSES, TROJAN HORSES, WORMS, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER HARMFUL PROGRAMS OR SIMILAR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE TRANSMITTED THROUGH THE SITE, APPLICATIONS AND/OR SERVICES AND/OR ANY LINKED THIRD PARTY WEBSITE(S);
9.8. ANY ERRORS OR OMISSIONS IN THE CONTENT, USER-GENERATED CONTENT, INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)); AND/OR
9.9. FOR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY OF THE FOREGOING.
9.10. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT WARRANT THE TRUTH, ACCURACY, ADEQUACY, COMPLETENESS OR REASONABLENESS OF THE CONTENT, USER-GENERATED CONTENT, UNDERLYING SOFTWARE, SITE, APPLICATIONS AND/OR SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES AND/OR LINKED TO FROM THE SITE, APPLICATIONS AND/OR SERVICES. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY (INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS AND OTHER MALICIOUS CODE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) IS GIVEN IN CONJUNCTION WITH SUCH CONTENT, USER-GENERATED CONTENT, THE UNDERLYING SOFTWARE, THE SITE, APPLICATIONS AND/OR SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES.
9.11. WE DO NOT OPERATE AS A LEGAL FIRM OR LEGAL CORPORATION, OR ATTORNEY OR SOLICITOR OR LAWYER OR BROKER OR AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR OR EQUIVALENT OR SIMILAR ENTITY. ACCORDINGLY, WE DO NOT PROVIDE ANY LEGAL, FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX ADVICE. THE USE AND RELIANCE UPON ANY AND ALL OF THE CONTENT, USER-GENERATED CONTENT, UNDERLYING SOFTWARE, SITE, APPLICATIONS AND/OR SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE SITE, APPLICATIONS AND/OR SERVICES IS AT THE USER’S OWN DISCRETION AND RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9.12. EXCEPT TO THE EXTENT SPECIFICALLY INDICATED BY US OR AS EXPRESSLY STATED HEREIN, THESE TERMS OF USE SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE SERVICES AND THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US.
9.13. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR:-
9.13.1. ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE;
9.13.2. LOSS OF DATA OR OTHER EQUIPMENT OR PROPERTY;
9.13.3. ECONOMIC LOSS OR DAMAGE;
9.13.4. ANY LIABILITY INCURRED BY THE USER FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES (INCLUDING IN EACH CASE INCIDENTAL AND PUNITIVE DAMAGES); AND/OR
9.13.5. ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, USE, OPPORTUNITIES, INTEREST, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR DAMAGE TO GOODWILL, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
9.14. YOU AGREE THAT OUR ABILITY TO OFFER THE SITE, APPLICATIONS AND/OR SERVICES ON THE TERMS PROVIDED HEREIN IS PREMISED UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT ALL SUCH LIMITATIONS AND EXCLUSIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND US.
10. INDEMNITIES
10.1. You shall keep us and each member of the Group fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by us, ours or the Group’s officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:-
10.1.1. any claim made by any third party due to or arising out of any Content and/or User-Generated Content posted by you on the Site, Applications and/or Services;
10.1.2. any infringement or misappropriation by you of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Site, Applications and/or Services; and
10.1.3. any breach of these Terms of Use by you or any other party where such party was able to access and/or use the Site, Applications and/or Services by using your Account and/or Security Codes.
11. MISCELLANEOUS PROVISIONS
11.1. Headings of particular sections are inserted for convenience only and are not to be considered part of the Terms of Use or to be used to define, limit or construe the scope of any term or provision of these Terms of Use. The term “including” shall be understood to mean “including without limitation”. All terms defined in the singular shall have the same meanings when used in the Plural, and vice versa. All pronouns used shall be deemed to cover all genders.
11.2. You acknowledge that any breach by you of the provisions of these Terms of Use may cause irreparable damage to any member of the Group and that a remedy at law will be inadequate. Therefore, without prejudice to any other rights or remedies, any member of the Group shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms of Use.
11.3. We and each User are independent contractors. Nothing in these Terms of Use shall be deemed or construed to constitute a partnership, joint venture, agency, or employment relationship between you and us.
11.4. You shall not, without the prior written consent of us, assign, transfer, charge or otherwise deal in any other similar manner with all or any of your rights under these Terms of Use, subcontract any or all of your obligations under these Terms of Use, or purport to do any of the same.
11.5. For any Applications and/or Services delivered electronically, you understand that you will be notified via email when your product is complete and available for download. You understand that you may access any such product by logging in to your Account.
11.6. The site is made available for your personal use on your own behalf. Minors are not eligible to use the Site, Services and/or Applications and we ask that they do not submit any personal information to us.
11.7. No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided under these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law. If we do waive a default by you, we will only do so in writing.
11.8. We shall not be considered in breach of or default under these Terms of Use or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of our obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labour strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, we may immediately terminate these Terms of Use and shall have no liability to you for or as a result of any such termination.
11.9. The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
11.10. All covenants, undertakings and other obligations given or entered into by the parties hereto are given or entered into severally unless the context otherwise requires.
11.11. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore or similar legislative or common law provision, to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act or similar legislative or common law provision.
11.12. Except as explicitly stated otherwise, any legal notices shall be served on:-
11.12.1. us via pre-paid first class post or recorded delivery post, to 52,
Mutiara Emas 5/14, Taman Mount Austin, Johor 81100, Malaysia; and
11.12.2. you at the email address set out in the Account. Notice shall be
deemed to have been received by you at the time of transmission, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by pre-paid first class post or recorded delivery post to the mailing address set out in your Account. A correctly addressed notice sent by pre-paid first class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
11.13. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction. You agree to waive any jurisdictional, venue or inconvenient forum objections thereto.
11.14. The Site, Applications and/or Services are offered only in jurisdictions where and when they may be lawfully offered by us. The Site, Applications and/or Services are not intended for use by persons located in or resident in jurisdictions that restrict the provision of Site, Applications and/or Services by us. You are required to inform yourself about and observe any relevant restrictions under any applicable law(s).
11.15. BY ACCESSING OR USING THE SITE, APPLICATIONS, AND/OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
12. COMMUNICATION
For all related enquiries, you may email us directly at “meow@hal.pet.”