XPRESSZOOM.COM Terms and Conditions Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1.1 You hereby represent and warrant that:
(i) you have read and agree to these User Conditions;
(ii) you are authorized to bind the entity (yourself or your company) on whose behalf you are accessing this Site or using the Services and such entity agrees to be bound by these User Conditions; and
(iii) all of the information provided by you to Glamores Sdn Bhd (including without limitation personal particulars and contact information) is accurate and complete.
1.2 Glamores Sdn Bhd reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service or Site at any time. Glamores Sdn Bhd may also impose limits on certain features or restrict your access to parts or the entire Service or Site without notice or liability.
1.3 Glamores Sdn Bhd may from time to time vary or amend these User Conditions by posting the amended User Conditions at this Site. Any use of the Service after the amendment of these User Conditions will be deemed to be acceptance of the amended User Conditions by you. If you do not agree to the amended User Conditions, you have the right to cease using the Services.
2.1 “Agreement” means the agreement formed by these User Conditions.
2.2 “Computer” means the personal computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
2.3 “Content” means search results, search links, digital business cards, materials, information, news, advertisements, maps, data, online hotel reservation, e-commerce, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
2.4 “Servers” means the computer software, systems and server hosting, operating, managing, providing or contributing to the Site and the Services.
2.5 “Service” is defined in Clause 3.2.
2.6 “Site” means the Xpresszoom website currently located at www.xpresszoom.com / www.xpresszoom.com.my / www.xpresszoom.net and any other Xpresszoom proprietary website which Glamores Sdn Bhd may from time to time include within the Xpresszoom family of websites.
2.7 “Xpresszoom Content” means all Content of Glamores Sdn Bhd that is made available on or via the Site.
2.8 “Third Party Content” means all Content of third parties that is made available on or via the Site, and shall include all third party websites and links to third party websites.
2.9 “Third Party Products” means all products and services of third parties advertised on or available at the Site or websites linked from the Site.
2.10 “Virus” means any virus, worm, macro, adware, Trojan horse, time bombs, error or other damaging or harmful program or components.
3.1 The Site is owned and maintained by Glamores Sdn Bhd.
3.2 Glamores Sdn Bhd may offer the following services on or through the Site (each “Service” and collectively the “Services“):
(i) search engines and search tools;
(ii) directory services;
(iii) access to a collection of information, data, text, digital business cards, graphics, images, maps, online shopping, online hotel booking and other types of works;
(iv) Any other features, content or applications that Glamores Sdn Bhd may offer at the Site from time to time in its sole discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a user and additionally shall be bound to strictly comply with the Conditions in addition to these User Conditions.
4.1 You shall not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
(i) any Service;
(ii) the Site; or
(iii) any Xpresszoom Content except with the prior written consent of Glamores Sdn Bhd; or
(iv) any Third Party Content except with the prior written consent of the owner of the specific Third Party Content.
4.2 Notwithstanding Clause 4.1, you may reproduce the Xpresszoom Content for purposes of non-commercial usage provided that such use constitutes fair dealing under the Malaysian Copyright Act.
4.3 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Service, Xpresszoom Content, or Third Party Content on another website or server, for example through framing, mirroring, linking or any other technological means (including any technology available in the future), without the prior written permission of Glamores Sdn Bhd.
4.4 You also hereby undertake:
(i) to comply with these User Conditions, and such other notices or guidelines that may be posted on the Site by Glamores Sdn Bhd from time to time (which are hereby incorporated by reference into these User Conditions);
(ii) not to use any Service or Xpresszoom Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
(iii) not to hack into, interfere with, or disrupt the Site, Services or Servers; and
(iv) not to use the account of another member at any time, whether with or without his/her permission.
4.5 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
(i) to treat all users with respect and civility;
(ii) not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortuous acts against other users;
(iii) not to spam, mail bomb, send Viruses to other users, or act in any manner that adversely affects the use of the Service by other users;
(iv) not to harvest or otherwise collect information about users, including email addresses, without Glamores Sdn Bhd’s prior written consent.
4.6 Any infringing, fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your use of the Site and Services, at Glamores Sdn Bhd ‘s sole discretion, and you may be reported to appropriate law-enforcement agencies.
4.7 Without prejudice to Glamores Sdn Bhd ‘s rights of termination under Clause 9, Glamores Sdn Bhd reserves the right to terminate your access to all or any part of the Site or Services if you are in breach of any of these User Conditions or if Glamores Sdn Bhd believes that you have been using any of the Services for unlawful activity.
6.1 All Xpresszoom Content are the copyrighted work of Glamores Sdn Bhd or its content or software providers, and Glamores Sdn Bhd reserves and retains all rights in the Xpresszoom Content. Use of some Xpresszoom Content may be governed by the terms of an accompanying end user license agreement. You will not be able to download or install any Xpresszoom Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you should not use the Xpresszoom Content.
6.2 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Xpresszoom Content available on the Site or through a Service except under the specific circumstances expressly permitted by law.
7.1 While we make every effort to ensure that all Xpresszoom Content displayed on the Site is accurate and complete, we provide the Xpresszoom Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Glamores Sdn Bhd disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Glamores Sdn Bhd does not warrant that the functions contained in or access to the Site, Services, Xpresszoom Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Xpresszoom Content or the Servers are free of Viruses, or that the download, installation or use of any Xpresszoom Content in or with any Computer will not affect the functionality or performance of the Computer. Glamores Sdn Bhd does not warrant or make any representations regarding the use or the results of the use of the Xpresszoom Content, the Service, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Glamores Sdn Bhd) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Glamores Sdn Bhd liable for the loss, damage or expense that is due to any circumstances beyond the reasonable control of Glamores Sdn Bhd.
7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.
7.3 You also acknowledge and agree that one of our Services is providing you with directory access to Third Party Content. You acknowledge that it is not Glamores Sdn Bhd’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any Third Party Content, posting, email or any information that may be linked to, inserted or made available on or from the Site and that Glamores Sdn Bhd does not endorse, has no control over and shall not be responsible for any Third Party Content. Glamores Sdn Bhd hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.
7.4 You acknowledge and agree that Glamores Sdn Bhd does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Glamores Sdn Bhd hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products.
7.5 You agree that all Third Party Content, and Third Party Products, and all statements, offers, information, opinions, materials, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Glamores Sdn Bhd shall not be responsible for any loss, damage, expense or liability incurred by you arising from such use or reliance.
7.6 You agree that;
(i) Glamores Sdn Bhd shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
(ii) Access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Glamores Sdn Bhd shall not be liable for any loss, liability or damage which may be incurred as a result.
7.7 Under no circumstances, including, but not limited to, negligence, shall Glamores Sdn Bhd be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Xpresszoom Content, Services, Site, or any other website, even if Glamores Sdn Bhd or a Glamores Sdn Bhd authorized representative has advised you of the possibility of such damage.
7.8 You agree that the above exclusions and limitations of liability enable the Services and the Xpresszoom Content to be provided by Glamores Sdn Bhd at a reasonable cost to you.
8.1 The copyright, patents and all intellectual property rights in the Services, the Site, and all Xpresszoom Content, including without limitation the copyright in Glamores Sdn Bhd’s compilations of all Xpresszoom Content and Third Party Content, shall vest in and remain with Glamores Sdn Bhd.
8.2 The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of Glamores Sdn Bhd or other third parties, and all rights to the Marks are expressly reserved by Glamores Sdn Bhd or relevant third parties. You are not permitted to use the Marks without the prior written consent of Glamores Sdn Bhd or such third party. Without limiting the generality of the above,
(i) ” Xpresszoom .com”, ” Xpresszoom.com.my”, ” Xpresszoom.net”, ” Xpresszoom” and ” Xpresszoom logo” are trademarks of Glamores Sdn Bhd;
8.3 If you have any questions or concerns about these User Conditions or any issues raised in these User Conditions or on the Site, please contact us at firstname.lastname@example.org.
9.1 You agree that Glamores Sdn Bhd has the right in its sole discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
10.1 Glamores Sdn Bhd will investigate notices of copyright, trademark and other intellectual property infringement (“Infringement“) in respect of Xpresszoom Content, Third Party Content and other material occurring on the Site (“Infringing Material“) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Glamores Sdn Bhd in writing immediately (“Infringement Notice“).
10.2 All Infringement Notices shall be sent to Glamores Sdn Bhd addressed as follows:
Glamores Sdn Bhd
No. 361, Aras 1,
Jalan Sultan Ibrahim,
15050 Kota Bharu,
Kelantan Darul Naim, Malayia.
10.3 You acknowledge and agree that Glamores Sdn Bhd has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Third Party Content on third party sites linked to the Site, or Third Party Products which are not sold by Glamores Sdn Bhd.
11.1 This Site is owned and operated by Glamores Sdn Bhd. Glamores Sdn Bhd makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.1 You agree to indemnify and hold Glamores Sdn Bhd, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(i) your use of the Site or any Services;
(ii) your connection to the Site;
(iii) your breach of any terms and conditions of these User Conditions; or
(iv) your violation of any rights of another person or entity.
13.1 If any provision of these User Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these User Conditions shall continue in force save that such provision shall be deemed to be deleted.
14.1 Nothing in these User Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Glamores Sdn Bhd and you and neither party shall have any authority to bind the other in any way.
15.1 A failure by Glamores Sdn Bhd to exercise or enforce any rights conferred upon it by these User Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
16.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
16.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
17.1 These User Conditions and all matters relating to your access to, or use of, this Site and the Service shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.
17.2 You hereby submit to the jurisdiction of the Malaysian courts.