Conditions
of Use
aa2u.com.my
Terms of Use Agreement
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY.
This
Terms of Use Agreement (the "Agreement") describes the terms and
conditions applicable to your use of the aa2u.com.my web site which is
identified by the uniform resource locator www.aa2u.com.my (the"Site").
This Agreement is entered into between you as the user of the Site (the"
User") and AVER AWARDS SDN. BHD.
("aa2u.com.my").
1.
Application and Acceptance of Terms and Conditions.
1.1
For purposes of this Agreement, a "User" is any person who accesses the
Site for whatever purpose, regardless of whether said User has registered with
aa2u.com.my as a registered User or whether said User is a paying customer for a
specific service provided by aa2u.com.my. A User includes the person using this
Site and any legal entity which may be represented by such person under actual
or apparent authority.
1.2
By accessing or using the Site, you hereby agree to accept the terms and
conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.3
This Agreement applies to each Premium Service (as defined below) in addition to
any terms and conditions that may be applicable to such specific Premium Service
provided, however, that (a) in the event of any conflict or inconsistency
between any provision of the terms and conditions that may be applicable to such
Premium Service and any provision of this Agreement, such conflict or
inconsistency shall (except as otherwise expressly provided or agreed) be
resolved in a manner favorable to aa2u.com.my and/or its affiliates; and (b)
only to the extent that such conflict or inconsistency cannot be so resolved,
the provisions of the terms and conditions applicable to such specific Premium
Service shall prevail.
1.4
aa2u.com.my may amend this Agreement at any time by posting the amended and
restated Agreement on the Site. The amended and restated Agreement shall be
effective immediately upon posting. This Agreement was last amended on June 1,
2009. Posting by aa2u.com.my of the amended and restated Agreement and your
continued use of the Site shall be deemed to be acceptance of the amended terms.
This Agreement may not otherwise be modified, except in writing by an authorised
officer of aa2u.com.my.
2.
Premium Services.
2.1
Access to the Site and certain of its features are provided to all Users free of
charge. However, aa2u.com.my reserves the right, without prior notice, to
restrict access to certain areas or features of the Site ("Premium Services") to
paying Users or Users who undergo a specific registration process. Access to and
use of these Premium Services are governed by additional terms and conditions
under separate agreements in addition to this Agreement.
2.2
Aver Awards Virtual Mall reserves the right to deny Premium Services to any User
for whatever reason in order to protect the interests of aa2u.com.my.
3.
Users Generally.
3.1
Users may use this Site solely for their own personal or internal purposes. Each
User agrees that it shall not copy, reproduce or download any information, text,
images, video clips, directories, files, databases or listings available on or
through the Site (the "Aver Awards Virtual Mall Content") for the purpose of
re-selling or re-distributing the aa2u.com.my Content, mass mailing (via emails,
wireless text messages, physical mail or otherwise), operating a business that
competes with aa2u.com.my, or otherwise commercially exploiting the aa2u.com.my
Content. Systematic retrieval of aa2u.com.my Content from this Site to create or
compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from aa2u.com.my is prohibited. In
addition, use of the content or materials for any purpose not expressly
permitted in this Agreement is prohibited.
3.2
aa2u.com.my may allow Users access to content, products or services offered by
third parties through hyperlinks (in the form of word link, banners, channels or
otherwise) to such Third Party's web site. You are cautioned to read such sites'
terms and conditions and/or privacy policies before using such sites in order to
be aware of the terms and conditions of your use of such sites. User
acknowledges that aa2u.com.my has no control over such third party's web site,
does not monitor such sites, and aa2u.com.my shall not be responsible or liable
to anyone for such web site, or any content, products or services made available
on such a website.
3.3
Messages or information sent by a User through communication systems provided by
the Site, or through emails, fax or letters to addressees obtained from the
Site, shall not contain any of the materials described in the provisions of
Section 5.4 below.
3.4
aa2u.com.my reserves the right to limit, deny or create different access to the
Site and its features with respect to different Users, or to change any of the
features or introduce new features without prior notice. Each User acknowledges
that inability to use the Site wholly or partially for whatever reason may have
adverse effects on its business. Each User hereby agrees that in no event shall
aa2u.com.my be liable to the User or any third parties for any inability to use
the Site (whether due to disruption, limited access, changes to or termination
of any features on the Site or otherwise), any delays, inaccuracies, errors or
omissions with respect to any communications or transmission, or any damage
(direct, indirect, consequential or otherwise) arising from the use of or
inability to use the Site or any of its features.
3.5
No User shall undertake any scheme to undermine the integrity of the computer
systems or networks used by aa2u.com.my and/or any other User and no User shall
attempt to gain unauthorized access to such computer systems or
networks.
3.6
We urge that you read aa2u.com.my's Privacy Policy which governs the protection
and use of each User's information in aa2u.com.my's possession. Each User hereby
accepts the Privacy Policy and any updates and amendments thereto. Each User
acknowledges that aa2u.com.my may change the Privacy Policy from time to time
provided that aa2u.com.my shall make available the updated version of the
Privacy Policy on the Site at all times. Your continuation of use of the Site
shall be deemed to be your acceptance of the Privacy Policy which is then
displayed on the Site at the time of such use.
3.7
As a condition of your access to and use of aa2u.com.my, you agree that you will
not use the aa2u.com.my service to infringe the intellectual property rights or
other legitimate rights of others in any way. aa2u.com.my will in appropriate
circumstances terminate the accounts of Users who are repeat infringers of the
copyrights, or other intellectual property rights, or other legitimate rights of
others. In addition, aa2u.com.my reserves the right to terminate the account of
a user upon any single infringement of the rights of others in conjunction with
use of the aa2u.com.my service, or if aa2u.com.my believes that User's conduct
is harmful to the interests of aa2u.com.my, its affiliates, or other users, or
for any other reason in aa2u.com.my's sole discretion, with or without
cause.
3.8
Please note that your Payment is processed by Mobile88.com Sdn Bhd. The Name of
Mobile88.com will be shown on your Credit Card / Bank Statement and you will
also receive a notification e-mail from Mobile88 on this Transaction.
3.9 aa2u special promotion or
special price is open to all Malaysians and employees and suppliers of Aver
Awards Sdn Bhd is not eligible to the promotions. aa2u reserves the right to
reject the order.
4. Registered Users
4.1
Each User who has filled out an on-line registration form on the Site by giving
its information (such as name, address, telephone and fax number, email address,
details of its business, etc.) is a registered user of aa2u.com.my (a
"Registered User"). aa2u.com.my will establish an account ("Account") for each
Registered User and each Registered User will be using its own email address as
("User ID") and password ("Password") for log-in access to its own
Account.
4.2
By becoming a Registered User, you consent to the inclusion of your personal
data in our database and authorize aa2u.com.my to share such information with
other Users.
4.3
aa2u.com.my may suspend or terminate a Registered User's Account at any time by
giving no less than 24-hour notice to the Registered User; provided, however,
that notice is not required for such termination if
(a)
in aa2u.com.my's determination, there is any breach of the provisions of this
Agreement by the Registered User; or
(b)
aa2u.com.my has reasonable grounds to suspect that such information provided by
a Registered User is untrue, inaccurate or is not current or complete, or
(c)
Aver Awards Virtual Mall believes that the Registered User's actions may cause
financial loss or legal liability to such Registered User, aa2u.com.my's other
Users, or aa2u.com.my or its affiliates.
4.4
A Registered User may not sell, attempt to sell, offer to sell, give, assign or
otherwise transfer an Account, User ID or Password to a third party without the
prior written consent of aa2u.com.my. aa2u.com.my may suspend or terminate the
Account of a Registered User or the transferee of a Registered User in the event
of a sale, offer to sell, gift, assignment or transfer in violation of this
Section.
4.5
Notwithstanding Section 4.1 above, aa2u.com.my may refuse registration and deny
the issuance of an Account and Password to any User for whatever reason.
5.
Users Who Post Information on aa2u.com.my
5.1
You must be a Registered User in order to post information on the Site. Your
status as a Registered User is governed by the provisions of Section 4 above and
any terms and conditions applicable to the relevant Premium
Service.
5.2
No sales agency relationship is created between any User and aa2u.com.my, our
affiliates, directors, officers or employees by virtue of aa2u.com.my's display
of any of the User's information on the Site.
5.3
Each User hereby represents warrants and agrees that information submitted to
aa2u.com.my for display on the Site shall not:
5.4
aa2u.com.my reserves the right in its sole discretion to remove any material
displayed on the Site which it reasonably believes is unlawful, could subject
aa2u.com.my to liability, violates this Agreement or is otherwise found
inappropriate in aa2u.com.my's opinion. aa2u.com.my reserves the right to
cooperate fully with governmental authorities, private investigators and/or
injured third parties in the investigation of any suspected criminal or civil
wrongdoing. Furthermore, aa2u.com.my may disclose the User's identity and
contact information, if requested by a government or law enforcement body, an
injured third party, or as a result of a subpoena or other legal action, and
aa2u.com.my shall not be liable for damages or results thereof and User agrees
not to bring any action or claim against aa2u.com.my for such disclosure. In
connection with any of the foregoing, aa2u.com.my may suspend or terminate the
Account of any User as aa2u.com.my deems appropriate in its sole discretion.
User agrees that aa2u.com.my shall have no liability to User, including no
liability for consequential or any other damages, in the event aa2u.com.my takes
any of the actions mentioned in this Section, and that User agrees to bear the
risk that aa2u.com.my may take such actions.
6.
Transactions between Buyers and Aver Awards Sdn Bhd.
6.1
Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site, including,
without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
7.
Limitation of Liability
7.1
THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND AA2U.COM.MY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
7.2
AA2U.COM.MY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY
INFORMATION PROVIDED ON OR THROUGH THE SITE. AA2U.COM.MY DOES NOT REPRESENT OR
WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, SALE
AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT
VIOLATE ANY THIRD PARTY RIGHTS; AND AA2U.COM.MY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON
THE SITE.
7.3
Any material downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User is solely responsible for any
damage to its computer system or loss of data that results from the download of
any such material. No advice or information, whether oral or written, obtained
by any User from aa2u.com.my or through or from the Site shall create any
warranty not expressly stated herein.
7.4
Under no circumstances shall aa2u.com.my be held liable for an delay or failure
or disruption of the content or services delivered through 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, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
7.5
Each User hereby agrees to indemnify and save aa2u.com.my, its directors,
officers and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from such
User's use of the Site (including but not limited to the display of such User's
information on the Site) or from its breach of any of the terms and conditions
of this Agreement. Each User hereby further agrees to indemnify and save
aa2u.com.my, its directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from User's breach of any representations and warranties made by
User to aa2u.com.my, including but not limited to those set forth in Sections
5.1, 5.2, 5.3 and 5.4 above. Each User hereby further agrees to indemnify and
save aa2u.com.my, its directors, officers and employees harmless, from any and
all losses, claims, liabilities (including legal costs on a full indemnity
basis) which may arise, directly or indirectly, as a result of any claims
asserted by Third Party Rights claimants or other third parties relating to
products offered or displayed on the Site. aa2u.com.my reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate
with aa2u.com.my in asserting any available defenses.
8.
Intellectual Property Rights
8.1
AVER AWARDS SDN. BHD. is the sole owner or lawful licensee of all the rights to
the Site and the Aver Awards Vitual Mall. The Site and aa2u.com.my Content
embody trade secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property rights
in the Site and aa2u.com.my Content shall remain with aa2u.com.my or licensors
of the aa2u.com.my Content, as the case may be. All rights not otherwise claimed
under this Agreement or by aa2u.com.my are hereby
reserved.
8.2
"AVER AWARDS VIRTUAL MALL", "AA2U.COM.MY," and related icons and logos are
registered trademarks or trademarks or service marks of AVER AWARDS SDN. BHD.
(769021-T) in various jurisdictions and are protected under applicable
copyright, trademark and other proprietary rights laws. The unauthorised
copying, modification, use or publication of these marks is strictly prohibited.
9.
Notices
9.1
All notices or demands to or upon aa2u.com.my shall be effective if in writing
and shall be duly made when sent to aa2u.com.my in the following manner: to AVER
AWARDS SDN. BHD, Level 8-6, Wisma BU8, No.11, Lebuh Bandar Utama, 47800 Petaling
Jaya, Selangor.
9.2
All notices or demands to or upon a User shall be effective if either delivered
personally, sent by courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided by the User to
aa2u.com.my, or by posting such notice or demand on an area of the Site that is
publicly accessible without a charge. Notice to a User shall be deemed to be
received by such User if and when
10.
General
10.1
Subject to any additional agreements relating to Premium Services, this
Agreement and the Privacy Policy constitute the entire agreement between the
User and aa2u.com.my with respect to and governs the use of the Site,
superseding any prior written or oral agreements in relation to the same subject
matter herein.
10.2
aa2u.com.my and the User are independent parties, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
10.3
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced.
10.4
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
10.5
aa2u.com.my's failure to enforce any right or failure to act with respect to any
breach by a User under this Agreement will not waive that right nor waives
aa2u.com.my's right to act with respect with subsequent or similar
breaches.
10.6
This Agreement shall be governed by the laws of Malaysia without regard to its
conflict of law provisions. The parties to this Agreement hereby submit to the
exclusive jurisdiction of the courts of
Malaysia.