Terms and Conditions
Welcome! You have entered the website
owned and operated by Hileytech Sdn Bhd
(“Online.Puppy.com.my ”), identified by the URL
Online.Puppy.com.my (the "Site"), but before
proceeding further please read carefully
the following Terms and Conditions of
Use which will govern your use of the
Site (”Terms and Conditions” which
expression shall include any
modification that may from time to time
be made thereto by Online.Puppy.com.my ). By using
the Site or by placing an order through
the Site you agree to and accept all
these Terms and Conditions and therefore
have entered into an agreement with
Online.Puppy.com.my governing your use of the
Site. In addition, when you use any
current or future Online.Puppy.com.my service(s),
you also will be subject to the
guidelines and conditions applicable to
such service or business.
USE OF
SITE ACCESS
Online.Puppy.com.my
grants you a limited non-exclusive
license to access and make personal and
non-commercial home use of this Site. As
such, you cannot download the Site
(other than page caching) or modify the
Site or its contents or any portion of
the Site or any of its contents, except
with the prior written consent of
Online.Puppy.com.my
. This license does not include any
resale or commercial use of this Site or
its contents; any collection and use of
any product listings, descriptions, or
prices; any derivative use of this Site
or its contents; any downloading or
copying of account information for the
benefit of another merchant and/or user;
or any use of data mining, robots, or
similar data gathering and extracting
tools. This Site or any portion of this
Site may NOT be reproduced, duplicated,
copied, sold, resold, visited, or
otherwise exploited for any commercial
purpose without prior express written
consent of Online.Puppy.com.my . You may not
frame or utilise framing techniques to
enclose any trademark, logo, or other
proprietary information (including
images, text, page layout, or form) of
Online.Puppy.com.my and the Site without
Online.Puppy.com.my ’s prior
express written consent. You may not use
meta tags or any other "hidden
text" utilising Online.Puppy.com.my and
the Site’s name or trademarks without
the prior written consent of
Online.Puppy.com.my
. Any unauthorised use automatically
terminates the permission or license
granted by Online.Puppy.com.my .
You are
granted a limited, revocable, and
non-exclusive right to create a
hyperlink to the homepage of the Site so
long as the link does not in any manner
whatsoever or howsoever portray or
depict the Site, or its products or
services in false, misleading,
derogatory, obscene or otherwise
offensive light or manner. You may not
use any Online.Puppy.com.my logo, the Site logo
or other proprietary graphic or trade
mark as part of the link without
Online.Puppy.com.my ’s prior
express written consent.
YOUR
PARTICULARS
When you
register with Online.Puppy.com.my , you agree
to (i) provide true, accurate, current
and complete information about yourself
as prompted by the Order form (the
"Order Data") and to (ii) maintain and
promptly update the Order Data to keep
it true, accurate, current and complete.
You are responsible for maintaining the
confidentiality of your Order Data or
passwords and for restricting access to
your computer, and you agree to accept
responsibility for all activities that
occur under your particulars.
Online.Puppy.com.my
cannot and will not be liable for any
loss or damage arising from your failure
to comply with this Terms and
Conditions. If you are under 18 years of
age, you can use the Site only with
involvement of a parent or guardian.
Online.Puppy.com.my
reserves the right to refuse service,
remove or edit content, or cancel orders
at its sole discretion.
RISK OF
LOSS
All items
purchased from the Site are made
pursuant to a shipment contract. This
means that the risk of loss and title
for such items pass to you upon our
delivery to the carrier.
TERMINATION
You agree
that Online.Puppy.com.my , at its sole and absolute
discretion, may terminate your use of
the Site for any reason, including,
without limitation, lack of use or if
Online.Puppy.com.my believes that you have
breached or acted inconsistently with or
in disregard of the letter or spirit of
the Terms and Conditions.
Online.Puppy.com.my
may also at its sole and absolute
discretion and at any time, with or
without notice, discontinue providing
its services or any part thereof. You
agree that any termination of your
access to the Site under any provision
of this Terms and Conditions may be
effected without prior notice, and
acknowledge and agree that
Online.Puppy.com.my
may immediately bar any further access
to the Site. On the happening of any of
the afore-going, you agree that
Online.Puppy.com.my shall
not in any manner whatsoever or
howsoever, be liable to you or any third
party for any termination of your access
to the Site.
INDEMNITY
You
hereby agree to indemnify and forever
save Online.Puppy.com.my , its affiliates,
directors, officers, employees, owners,
agents, information providers, licensors
and licensees harmless, from and against
any and all losses, claims, demands,
damages, liabilities and/or costs and
expenses, including legal costs, on a
full indemnity basis, which may arise
from your use of the Site, including,
but not limited to, any breach of any of
the Terms and Conditions, or your
violation of any rights of another. You
shall use your best efforts to cooperate
with us in the defence of any claim. We
reserve the right (but have no
obligation), at our own expense, to
assume the exclusive defence and control
of any matter subject always to full
indemnification by you.
You
hereby acknowledge and agree that any
breach of the Terms and Conditions will
result in irreparable harm and/or losses
to Online.Puppy.com.my for which monetary
damages would or may not be an adequate
remedy and, therefore, in addition to
its rights and remedies otherwise
available at law, Online.Puppy.com.my will be
entitled to equitable relief, including
both a preliminary or interlocutory and
permanent injunction, if such a breach
occurs. You irrevocably waive any
requirement for the posting of a bond or
other security if Online.Puppy.com.my
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF
LIABILITY
THIS SITE
IS PROVIDED BY Online.Puppy.com.my ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
Online.Puppy.com.my
MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
Online.Puppy.com.my
DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Online.Puppy.com.my MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTEES THAT THIS SITE OR THE
FUNCTIONS CONTAINED IN THE MATERIALS ON
THE SITE WILL MEET YOUR REQUIREMENTS;
WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED. Online.Puppy.com.my DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM Online.Puppy.com.my ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS. ALL
SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE
HEREBY EXCLUDED. Online.Puppy.com.my WILL NOT
BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION,
WHETHER IN CONTRACT, NEGLIGENCE, TORT OR
OTHERWISE OR ANY OTHER DAMAGES RESULTING
FROM ANY OF THE FOLLOWING (i) THE USE OR
THE INABILITY TO USE THE SITE, (ii) ANY
DEFECT IN GOODS, SAMPLES, DATA,
INFORMATION OR SERVICES PURCHASED OR
OBTAINED FROM A USER OR A THIRD PARTY
SERVICE PROVIDER THROUGH THE SITE, (iii)
UNAUTHORISED ACCESS BY THIRD PARTIES TO
YOUR DATA OR PRIVATE INFORMATION, (iv)
STATEMENTS OR CONDUCT OF ANY USER OF THE
SITE, OR (v) ANY MATTERS RELATING TO
SERVICES ACQUIRED THROUGH THE SITE
HOWEVER ARISING, INCLUDING NEGLIGENCE.
ANY
MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE IS DONE AT
YOUR SOLE DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OR
CORRUPTION OF DATA THAT RESULTS OR MAY
RESULT FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
Online.Puppy.com.my
OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL Online.Puppy.com.my
BE HELD LIABLE FOR A DELAY OR FAILURE OR
DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER
EQUIPMENT FAILURES ELECTRICAL POWER
FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOUR OR
MATERIALS, FIRES, FLOOD, STORMS,
EXPLOSIONS, ACTS OF GOD, ACTS OF
TERRORISTS, WAR, GOVERNMENT ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS OR NON-PERFORMANCE OF THIRD
PARTIES.
APPLICABLE
LAW
This Site
is created, owned and controlled by
Online.Puppy.com.my
in Malaysia. The Terms and Conditions
shall be governed and interpreted in
accordance with the laws of Malaysia
without giving effect to any principles
of conflicts of laws. Those who choose
to access the Site do so on their own
initiative and are responsible for
compliance with local laws, if and to
the extent local laws are applicable.
By
visiting or using the Site or by placing
an order through the Site you hereby
irrevocably accept, agree and consent to
the exclusive jurisdiction of the Courts
in Malaysia in all disputes,
controversies or differences of
whatsoever nature which may arise, out
of or in relation to the Terms and
Conditions, or the breach hereof
relating to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate as possible
when describing our products on the
Site. However, to the extent
permitted by applicable law, we do not
warrant that the product descriptions or
other content available on the Site is
accurate, complete, reliable, current,
or error-free.
MODIFICATION
AND DISCONTINUANCE
We
reserve the right at any time and from
time to time to modify or discontinue,
temporarily or permanently, the Site and
the Terms and Conditions (or any part
thereof) with or without notice to you.
The amended and restated Terms and
Conditions will be posted on the Site
and shall be effective immediately upon
posting. Posting by Online.Puppy.com.my of the
amended and restated Terms and
Conditions and your continued use of the
Site shall be deemed to be acceptance of
the amended terms. You agree that
Online.Puppy.com.my
shall not be liable to you or to any
third party for any modification,
suspension or discontinuance of the
Site. Please also review our other
policies posted on the Site. These
policies also govern your visit to
Online.Puppy.com.my
’s website.
WAIVER OF
CONDITIONS OF USE
The
failure of Online.Puppy.com.my in any one or
more instances to insist upon
performance of any of the terms or
conditions contained herein, or to
exercise any right or privilege
hereunder, or the waiver by
Online.Puppy.com.my
of any breach by you, of these terms or
conditions of sale, shall not be
construed as thereafter waiving such
terms and condition, rights of
privileges, and the same shall continue
and remain in force and effect as if no
failure or waiver had occurred.
LINKS TO
OTHER WEBSITES
Links to
third party websites on this Site are
provided solely as a convenience to you.
Please exercise discretion while
browsing the Internet using this Site.
If you use these links, you will leave
this Site. Online.Puppy.com.my has not reviewed
all of these third party sites and does
not control and is not responsible for
any of these sites or their content.
Thus, Online.Puppy.com.my does not endorse or
make any representations about them, or
any information, software or other
products or materials found there, or
any results that may be obtained from
using them. If you decide to access any
of the third party sites linked to this
Site you do this entirely at your own
risk. Online.Puppy.com.my
will not be responsible or liable,
directly or indirectly, for any damage
or loss caused or alleged to be caused
by or in connection with use of or
reliance on any such content, goods or
services available on or through any
such site or resource.
INTELLECTUAL
PROPERTY RIGHTS
Online.Puppy.com.my
is the sole owner or lawful licensee of
all the rights to the Site and all
information, text, messages,
illustrations, images, logos, designs,
icons, photographs, programs, music,
sound, video clips, directories, files,
databases, listings or other materials
available on or through the Site
(collectively the "Content"). The Site
and the Content embody trade secret and
intellectual property rights protected
under worldwide copyright and other
laws. All title, ownership and
intellectual property rights in the Site
and the Content shall remain with
Online.Puppy.com.my
, its affiliates or licensors of the
Content, as the case may be. All rights
not otherwise claimed under this Terms
and Conditions or by Online.Puppy.com.my are
hereby reserved. “A2ZStore", "Online.Puppy.com.my
" and related icons and logos of Hi
MaMa in various jurisdictions are
protected under applicable copyright,
trademark and other proprietary rights
laws. The unauthorised copying,
modification, use or publication of
these marks is strictly prohibited.
NOTICES
AND COMMUNICATIONS
When you
visit the Site or send e-mails to us,
you are communicating with us
electronically. You consent to receive
communications from us electronically.
We will communicate with you by e-mail
or by posting notices on the Site. You
agree that all agreements, notices,
disclosures and other communications
that we provide to you electronically
satisfy any legal requirement that such
communications be in writing.
SEVERABILITY
If any
provision of the Terms and Conditions
shall be unlawful, void, or for any
reason unenforceable, then that
provision shall be deemed severable from
these terms and shall not affect the
validity and enforceability of any
remaining provisions.
ENTIRE
AGREEMENT
The Terms
and Conditions constitute the entire
agreement between you and
Online.Puppy.com.my
and govern your use of the Site,
superseding any prior agreements between
you and Online.Puppy.com.my (including, but not
limited to, any prior versions of the
Terms and Conditions). You also may be
subject to additional terms and
conditions that may apply when you use
other Online.Puppy.com.my services,
third-party content or third-party
software. Any assignment or transfer of
either the Terms and Conditions or any
right granted hereunder is strictly
prohibited.
HEADING
The headings of each of the Terms and
Conditions are for convenience of
reference only and shall not form part
of the Terms and Conditions. Such
heading shall be ignored in the
interpretation or construction of any of
the Terms and Conditions. |
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