| 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
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1.1
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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.
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2. User Conduct
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2.1
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You must not use the Website to:
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(a)
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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);
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(b)
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falsify or delete any attributions, legends, or other proprietary designations of origin or source of any Content (as defined in paragraph 3.1 below);
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(c)
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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;
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(d)
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attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
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(e)
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commit forgery (or attempted forgery), or harm minors in any way;
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(f)
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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;
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(g)
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conduct, display, forward, distribute, promote or publish surveys, contests, pyramid schemes, or chain letters;
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(h)
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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;
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(i)
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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);
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(j)
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collect, use, disclose or store personal data about other users, including e-mail addresses; and
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(k)
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violate the laws of Malaysia , or any other jurisdiction, international law, convention or regulation.
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2.2
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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.
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2.3
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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.
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3. Intellectual Property Rights
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3.1
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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.
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3.2
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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.
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3.3
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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.
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3.4
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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.
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4. Message Boards & Forums & Weblogs
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4.1
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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.
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4.2
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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.
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4.3
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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.
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5.Information not to be treated as advice
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5.1
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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.
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5.2
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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.
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5.3
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Health Information: Always seek advice of your physician or other qualified health provider with any questions you may have regarding any medical condition.
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6. Links & Advertising
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6.1
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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.
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6.2
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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.
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6.3
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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.
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7. Competitions
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7.1
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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.
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8. Disclaimer of Warranties & Limitation of Liability
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8.1
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Subject only to paragraph 9.2 below:
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(a)
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This Website is provided by BaiBoo on an “as is” basis without any express or implied warranty of any kind;
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(b)
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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.
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(c)
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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;
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(d)
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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;
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(e)
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BaiBoo may change any of the material on the Website at any time without notice;
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(f)
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BaiBoo makes no commitment to update any material on the Website;
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(g)
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You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the Website;
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(h)
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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
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(i)
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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.
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(j)
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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
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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.
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9. Indemnification
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9.1
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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.
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10. General
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10.1
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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.
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10.2
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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.
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10.3
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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.
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10.4
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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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