Welcome! You have entered the website owned and
operated by Pets Place (“PetsPlace.com.my ”), identified by the URL
PetsPlace.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 PetsPlace.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 PetsPlace.com.my governing your use of the Site. In addition,
when you use any current or future PetsPlace.com.my service(s), you also will
be subject to the guidelines and conditions applicable to such service or
business.
USE OF SITE ACCESS
PetsPlace.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 PetsPlace.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 PetsPlace.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 PetsPlace.com.my
and the Site without PetsPlace.com.my ’s prior express written consent. You may
not use meta tags or any other "hidden text" utilising PetsPlace.com.my and the
Site’s name or trademarks without the prior written consent of PetsPlace.com.my
. Any unauthorised use automatically terminates the permission or license
granted by PetsPlace.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 PetsPlace.com.my logo,
the Site logo or other proprietary graphic or trade mark as part of the link
without PetsPlace.com.my ’s prior express written consent.
YOUR PARTICULARS
When you register with PetsPlace.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.
PetsPlace.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. PetsPlace.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 PetsPlace.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 PetsPlace.com.my believes that
you have breached or acted inconsistently with or in disregard of the letter or
spirit of the Terms and Conditions. PetsPlace.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 PetsPlace.com.my
may immediately bar any further access to the Site. On the happening of any of
the afore-going, you agree that PetsPlace.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
PetsPlace.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
PetsPlace.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, PetsPlace.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 PetsPlace.com.my seeks such an injunction.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PetsPlace.com.my ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PetsPlace.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.
PetsPlace.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. PetsPlace.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. PetsPlace.com.my DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM PetsPlace.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. PetsPlace.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 PetsPlace.com.my OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES SHALL PetsPlace.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
PetsPlace.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 PetsPlace.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
PetsPlace.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
PetsPlace.com.my ’s website.
WAIVER OF CONDITIONS OF USE
The failure of PetsPlace.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 PetsPlace.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. PetsPlace.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, PetsPlace.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.
PetsPlace.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
PetsPlace.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 PetsPlace.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 PetsPlace.com.my are
hereby reserved. "PetsPlace.com.my " and related icons and logos of Pets Place
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 PetsPlace.com.my and govern your use of the Site,
superseding any prior agreements between you and PetsPlace.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 PetsPlace.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.
|