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Terms & Conditions

INTRODUCTION

The content, information, products and services available on this Site are subject to acceptance of and compliance with the terms and conditions set forth in these terms of use agreement (collectively known as the "Agreement") and elsewhere on this Site.

By using this Site and all linked pages owned and operated by MERCH, you agree to these terms and conditions stated in this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Site.

REVISION OF TERMS AND CONDITIONS

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately once posted on the Site. Your continual use of this Site after any amendments are posted represents your acknowledgement and acceptance of the Agreement and its modifications.

REGISTRATION

In order to access or use certain features of the Website, MERCH may ask you to provide certain demographic information or register with us on a registration form which will require you to provide personally identifiable information such as your name, age and your personal e-mail address.

You are required to select a “User Name” which shall consist of your email address and key in your preferred password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration page. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account.

You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User Name and password.

You agree to notify MERCH immediately of any unauthorised use of your User Name or password, and ensure that you exit from your account at the end of each session.

USE OF THE WEBSITE

MERCH does not control or supervise the content posted by external parties and does not guarantee the accuracy, integrity, legality, reasonableness and quality of such content. Under no circumstances will MERCH be liable in any way whatsoever for any content provided by an external party, including any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of your reliance or use of any content provided by an external party on this Website or the products which are the subject of such content.

 

 

When posting any content onto the Website, you agree that the following rules apply:

You are solely responsible for any content that you submit, publish, post or display on the Website or transmit to other members or users of this Website (the “Posted Content”).

You understand and agree that MERCH has no obligation to supervise and is not responsible for any content submitted, published, posted or displayed by any user or member;

You agree that you will only submit, publish, post or display Posted Content (including Personal Information) that you reasonably believe to be true. If there are circumstances which make you suspect that any content is false or misleading, you must not submit, publish, post or display such content or you must remove such Posted Content immediately;

You are the owner of any content submitted, published or posted by you, or that you have the owner's express consent to your submission, publication or posting of that content;

You may not post any content that:

i.        is defamatory, knowingly false or misleading;

ii.        violates the privacy, publicity, moral or any other right of any third party; or

iii.        violates any obligation of confidentiality;

You may not post or distribute content on or via the Website that:

i.        is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii.        is threatening, abusive, obscene, or insulting to other Website users or any other person; or

iii.        harasses or advocates harassment of another person;

You may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts;

You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;

You may not post any content that falsely states or implies that such content is sponsored or endorsed by MERCH;

You may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity or violates any third party rights; and

You may not use the Website to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any fast money making schemes, chain letters, or pyramid schemes.

MERCH reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the Terms and Conditions, including without limitation, removing the offending Posted Content or other content on this Website and terminating the membership of violators or blocking their use of the Website.

MERCH avours to keep the Website working properly and the community safe. Please report any possible or actual problems, offensive content or policy or legal (including any intellectual property rights) violations to us.

MERCH reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

INTELLECTUAL PROPERTY RIGHTS

This Website and all the materials available on the Website are the property of MERCH and are protected by copyright, trademark, and other intellectual property laws. You may not use the Website or the materials or services available on the Website in a manner that constitutes an infringement of our rights or that has not been authorised by us or is otherwise contrary to any applicable laws.

When you submit or post any content, you are granting MERCH, and anyone authorised by MERCH, a royalty-free and non-exclusive permission to display, transmit or to use such Posted Content in any form or format. Also, in connection with the exercise of such rights, you grant MERCH, and anyone authorised by MERCH, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. MERCH is under no obligation to give credit or pay any consideration for your Posted Content.

FEES AND SERVICES

Signing up for a User Account at our Website is free. When using a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time.

Changes to chargeable fees are effective after we provide you with at least fourteen (14) days of notice by way of notification on the Website and/or email. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.

Unless otherwise stated, all fees are quoted in Malaysian Ringgit (RM). You are responsible for paying all fees and applicable taxes associated with our Website and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (which may include retaining collection agencies and legal counsel etc.)

 

DISCLAIMERS

The information, products and services displayed on or through this Website are provided on an “as is” basis and without warranties or representations of any kind either expresses, statutory or limited. To the fullest extent permissible under the applicable law, MERCH disclaims all warranties, express or implied, including but not limited to, implied warranties or merchant ability and fitness for a particular purposes and non-infringement. MERCH does not warrant that the Website or any of its Services or functions will be uninterrupted, error-free or always available, that defects will be corrected, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the Website, its Services or Posted Content or other information displayed on the Website in terms of their correctness, accuracy, timeliness and reliability.

Throughout the Website, MERCH may provide links and pointers to websites maintained by third parties. MERCH’s linking to such third-party websites does not imply an endorsement, guarantee, approval or sponsorship of such websites, or the information, products or services offered on or through such websites. Users should direct any concerns regarding any externally linked websites to its website administrators or webmasters.

 

INDEMNITY

You agree to indemnify and hold MERCH, its related corporations, affiliates, officers, employees and servants, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

i.        your access to the Website;

ii.        your use of any of the services;

iii.        the violation of these Terms and Conditions by you; or

iv.        the infringement by you, or any third party using your account or User Name or password, of any intellectual property or other right of any person or entity.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall MERCH, its related corporations and its affiliates be liable for any direct, indirect, incidental, punitive, special or consequential damages, including lost profits, business interruption and/or loss of information and data, that results from the use of, or the inability to use, the Website, or any third party products or services made available through this Website, even if we are advised beforehand of the possibility of such damages. In countries which do not allow the exclusion or limitation of certain categories of damage, MERCH’s (including its related corporations’ and its affiliates’) liability is limited to the fullest extent permitted by such country’s laws.