| Welcome to our website at URL http://www.baiboo.com.my (the
"Website"). This Website is operated and owned by BaiBoo Sdn.
Bhd. ("BaiBoo"). Your access to and use of the Website is subject
to these Terms of Use. Please read these Terms of Use carefully before
using the Website. If you do not agree to these Terms of Use, please do not
use the Website. Use of the Website indicates your acceptance of these
Terms of Use.
General Terms of Use
1. Access
1.1 |
BaiBoo reserves the right to deny you access to, or use
of, all or part of the Website, without prior notice, if you engage in
any conduct that BaiBoo believes, in its sole discretion:
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(a) violates any term or provision of these Terms of
Use; or
(b) violates the rights of BaiBoo or third parties; or
(c) is otherwise inappropriate for continued access and use of the
Website. |
2.
User Conduct
2.1 |
You
must not use the Website to: |
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(a) |
impersonate or otherwise
misrepresent your identity, age or affiliation with any other person or
entity (including, without limitation, where the Website requires you
to register in order to use it); |
(b) |
falsify or delete any
attributions, legends, or other proprietary designations of origin or
source of any Content (as defined in paragraph 3.1 below); |
(c) |
interfere with or disrupt the
Website or servers or computers or networks connected to the Website,
or disobey any requirements, procedures, policies, or regulations of
networks connected to the Website; |
(d) |
attempt to gain unauthorised access to the Website or computer
systems or networks connected to the Website through any means; |
(e) |
commit forgery (or attempted
forgery), or harm minors in any way; |
(f) |
send junk, unsolicited obscene,
indecent, defamatory, offensive, ethnically objectionable or
threatening electronic communications (including without limitation
e-mails or material posted at a BaiBoo forum or weblog or advertisement)
to people who would not wish to receive mail from you; |
(g) |
conduct, display, forward,
distribute, promote or publish surveys, contests, pyramid schemes, or
chain letters; |
(h) |
conduct, display, forward,
distribute, promote or publish any material containing any solicitation
of funds, advertising or solicitation for goods or services, without BaiBoo
prior written consent; |
(i) |
e-mail, post or transmit any
material that you do not have a right to e-mail, post or transmit
(including but not limited to material that infringes third party
intellectual property rights or that is confidential information); |
(j) |
collect, use, disclose or store
personal data about other users, including e-mail addresses; and |
(k) |
violate the laws of
Malaysia
,
or any other jurisdiction, international law, convention or regulation. |
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2.2 |
You are responsible for maintaining
the confidentiality and security of any passwords, identification and
log-in information for the Website (the "Security
Information"). You agree to notify BaiBoo immediately of any
unauthorised use of the Security Information issued to you or if you lose
the Security Information issued to you. |
2.3 |
Please also note that it is your
responsibility to ensure that the jurisdiction that you are in permits
you to use the Website. If the jurisdiction you are in does not permit
you to access the Website, please leave the Website immediately. |
3.
Intellectual Property Rights
3.1 |
The information, text materials,
graphics, logos, button icons, images, video and audio clips, trade marks
and trade names (whether registered or not), advertisements, layout,
arrangement, graphical user interface, look and feel of the Website, and
control features of the Website (collectively, the "Content")
are protected by copyright, trade mark and other intellectual property
laws. |
3.2 |
You must not modify, copy, reproduce, republish, frame, upload to a third party, communicate
to the public, transmit or distribute in any way any of the Content
except as expressly provided in these Terms of Use or as permitted by the
Copyright Act of Malaysia. |
3.3 |
The BaiBoo logo and name are the
trade marks of BaiBoo, and may not be used as part of your business or in
connection with any goods or services without the prior written consent
of BaiBoo. |
3.4 |
With respect to all information or
material submitted to BaiBoo in connection with the Website (including
without limitation e-mails and information posted to BaiBoo bulletin
boards or forums or weblogs), you grant BaiBoo a perpetual, irrevocable,
non-exclusive license to use, reproduce, publish, communicate to the
public, translate, and distribute such communications worldwide in any
form, and by any media or technology now known or later developed. Such
licenses shall be royalty free, except as expressly agreed by BaiBoo and
set out in the Website. |
4.
Message Boards & Forums & Weblogs
4.1 |
You expressly acknowledge and agree
that all bulletin/message boards and forums and weblogs on the Website
provide a means of public, not private, communication. |
4.2 |
Neither BaiBoo, its affiliates, its
associated companies, its related bodies corporate, its officers, its
directors, its shareholders, its employees, its consultants nor its
agents accept any responsibility or liability for any information posted
or submitted by you (or any other users of the Website) to any
bulletin/message boards or forums or weblogs on the Website, nor for any
use or misuse which you or any other users of the Website make of
information or material which you (or any other users of the Website)
submit to bulletin/message boards or the discussion forum or weblogs. |
4.3 |
The submission of any communications
to BaiBoo in no way creates any obligation or duty on the part of BaiBoo
to post or use such materials or, if we do so, to give you credit. |
5.Information
not to be treated as advice
5.1 |
The information contained in the
Website (the "Information") is derived from sources that BaiBoo
considers to be reliable but BaiBoo does not warrant the accuracy,
correctness or completeness of any information furnished. BaiBoo makes no
representations or warranty papers or implied as to the results to be
attained by any persons from the use of the information or services found
or comprised in the Website. BaiBoo also make no express or implicit
warranties of satisfactory quality, merchantability, or fitness for a
particular purpose or use with regard to such information or services. |
5.2 |
The Information provided on the
Website (including but not limited to health, parenting, financial or
business information) is not intended to be advice. Your particular
circumstances will affect the applicability and relevance of this
information. Accordingly, you should seek the appropriate professional
advice before relying or acting upon the Information. |
5.3 |
Health Information: Always seek
advice of your physician or other qualified health provider with any
questions you may have regarding any medical condition. |
6.
Links & Advertising
6.1 |
The Website may contain links to
third party websites. Those websites are not under the control of BaiBoo,
and BaiBoo is not responsible for the content or the links contained in
those websites. Neither BaiBoo, its affiliates, its associated companies,
its related bodies corporate, its officers, its directors, its
shareholders, its employees, its consultants nor its agents recommend or
endorse the content of any third party websites which may be linked to or
from the Website, or products or services of any third party
organisations mentioned or described on the Website or linked to or from
the Website. You acknowledge that you enter any third party websites at
your own risk. |
6.2 |
The Website may contain advertisements for third
parties' goods and/or services. The third party advertisers are
responsible for the accuracy of all representations made in those
advertisements. Neither BaiBoo, its affiliates, its associated companies,
its related bodies corporate, its officers, its directors, its
shareholders, its employees, its consultants nor its agents recommend or
endorse the goods or services that may be advertised on the Website, nor
do they offer the goods or services for sale or make any other
representation whatsoever about them. If you choose to order a product or
service advertised by a third party on the Website, you do so at your own
risk. |
6.3 |
BaiBoo is concerned about the
integrity of the Website when it is assessed in a manner solely
determined by third parties or viewed in a setting solely created by
third parties. Specifically, BaiBoo is concerned with activities such as
linking to an internal or subsidiary page of the Website that is located
one or several levels down from the home page of the Website ("Deep
Linking") and the incorporation of any part of the Website as part
of your own website ("Framing"). Deep Linking to or Framing any
part of the Website or any similar activity may not be carried out by you
unless you have obtained the written permission of BaiBoo. |
7.
Competitions
7.1 |
BaiBoo may from time to time run
competitions or other promotions on the Website. These activities will be
subject to specific terms and conditions that will be made known at the
relevant time. |
8.
Disclaimer of Warranties & Limitation of Liability
8.1 |
Subject
only to paragraph 9.2 below:
(a) |
This Website is provided by BaiBoo
on an "as is" basis without any express or implied warranty
of any kind; |
(b) |
The Internet exists across open
public networks that are neither secure nor private. Accordingly, you
acknowledge and accept the risk that any communication to or from the
Website may be intercepted, used or modified by third parties. |
(c) |
BaiBoo does not warrant that
access to or use of this Website will be timely, uninterrupted or error
free or that the Website or any material on or accessible through the
Website is free from errors or viruses, worms, trojan horses, time
bomb, cancelbot or other harmful components; |
(d) |
BaiBoo does not warrant anything
about the reliability, accuracy, completeness, timeliness, suitability,
quality, physical state or for a particular purpose of any material on
or accessible through the Website; |
(e) |
BaiBoo may change any of the
material on the Website at any time without notice; |
(f) |
BaiBoo makes no commitment to
update any material on the Website; |
(g) |
You are responsible for assessing
the accuracy, reliability, suitability and currency of the material on
or accessible through the Website; |
(h) |
You accept all risks and
responsibility for all loss, damage, costs and other consequences
resulting from using the Website or the material on or accessible
through the Website; and |
(i) |
You warrant that you are 21 years
of age or over, or you have obtained a parent or guardian's consent
prior to using or accessing this Website. |
(j) |
Neither BaiBoo, its affiliates,
its associated companies, its related bodies corporate, its officers,
its directors, its shareholders, its employees, its consultants nor its
agents shall be liable for any loss or damage including without
limitation, losses or damages for loss of profits, business
interruption, loss of information, indirect, special, economic,
punitive or consequential losses or damages arising out of the reliance
on or use of or inability to use the material or information available
on or accessible through the Website, even if BaiBoo has been advised
of the likelihood of such damages. |
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8.2 |
To the
fullest extent permitted by the law, the liability of BaiBoo, its
affiliates, its associated companies, its related bodies corporate, its
officers, its directors, its shareholders, its employees, its consultants
and its agents for a breach of any such term, condition or warranty,
including any economic or consequential loss which you may sustain shall
be limited, at the option of BaiBoo, to: |
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(a)
in the case of services, the supply of the services again, or the payment
of having the services re-supplied; and
(b) in the case of goods, the replacement or repair of the goods, the
supply of equivalent goods, or the payment of the costs of replacing or
repairing the goods or acquiring equivalent goods. |
9.
Indemnification
9.1 |
You agree
to indemnify, defend, and hold BaiBoo, its affiliates, its associated
companies, its related bodies corporate, its officers, its directors, its
shareholders, its employees, its consultants and its agents, harmless
from all claims, demand, liability, damages, and costs (including, but
not limited to, legal fees on a full indemnity basis) arising from or in
connection with (a) your use of the Website; (b) your failure to comply
with these Terms of Use; (c) your violation of any applicable law; (d)
any action taken by BaiBoo pursuant to any instructions, notice or
requests given by you; and (e) the enforcement of BaiBoo's rights against
you under the Terms of Use. |
10.
General
10.1 |
BaiBoo
may from time to time amend, update, or change the Website, including
these Terms of Use, without prior notice. You are therefore responsible
for regularly updating or familiarising yourself with changes made to the
Terms of Use. Your continued use of the Website after such amended Terms
of Use has been posted on the Website shall be deemed agreement by you to
such amendments. |
10.2 |
If
any provision of these Terms of Use is found to be invalid or
unenforceable, that provision shall be enforced to the maximum extent
possible and will be deemed deleted to the extent that it is nor
enforceable, and the remaining provisions of the Terms of Use shall
remain in full force and effect. |
10.3 |
The
failure by BaiBoo to insist upon or enforce strict performance of any of
these Terms of Use will not be construed as a waiver of any right or
remedy of BaiBoo in respect of any existing or subsequent breach of these
Terms of Use. |
10.4 |
These
Terms of Use shall be governed by and construed in accordance with the
laws of
Malaysia
.
You agree to submit to the non-exclusive jurisdiction of the
Malaysia
courts. |
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