Term of use
THIS WEBSITE USER AGREEMENT (THIS “AGREEMENT”) APPLIES TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE ON WWW.RAKANDA.MY. THE WEBSITE IS OPERATED BY OR ON BEHALF OF RAKANDA ENTERPRISE SDN BHD. ACCESS TO AND USE OF THE WEBSITE BY YOU IS CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THE TERMS OF OUR PRIVACY POLICY IS INCORPORATED HEREIN BY REFERENCE.
Law and Regulations
User access to and use of this Website is subject to all applicable international, federal, local laws and regulations. By accessing the Website, Users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement. Users may not (i) use this Website in any manner that could damage, disable, overburden or impair the Website; (ii) upload, post, email or otherwise send or transmit any material that (a) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) contains thirdparty trademarks, service marks, copyrights or other proprietary rights without the prior written consent and approval of the third-party owner(s); or (c) is profane, defamatory, obscene, violent, sexual, discriminatory or otherwise unprofessional or in poor taste; (iii) interfere with the servers or networks connected to the Website; or (iv) violate any of the terms and conditions, procedures, policies or regulations of networks connected to the Website. Any attempt by any person to undermine the legitimate operation of this Website may be a violation of criminal and civil law, and, should such an attempt be made, Rakanda Enterprise Sdn Bhd. reserves the right to seek damages from any such person to the fullest extent permitted by law. Rakanda Enterprise Sdn Bhd. failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
No Warranties
Rakanda Enterprise Sdn Bhd. uses reasonable efforts to include accurate and up-to-date information on the Website; however, Rakanda Enterprise Sdn Bhd. makes no warranties or representations as to the accuracy of this information. Rakanda Enterprise Sdn Bhd. assumes no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website. RAKANDA ENTERPRISE SDN BHD DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Restriction of Liability
Rakanda Enterprise Sdn Bhd assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a User’s computer equipment or other property due to the User’s access, browsing on, or use of, the Website or the User’s downloading of any materials, data, text, images, video, or audio from the Website. IN NO EVENT WILL RAKANDA ENTERPRISE SDN BHD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the services offered on the Website are for personal and non-commercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or offer for sale any information contained on, or obtained from, the Website.
Submissions
Rakanda Enterprise Sdn Bhd. is free to use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how, or techniques contained in any communication that a user may send to Rakanda Enterprise Sdn Bhd. through this Website or through electronic mail. Rakanda Enterprise Sdn Bhd. will not treat any Submission as confidential or proprietary and is free to use any Submission throughout the world and in perpetuity without further compensation, acknowledgement or payment to such User and for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our Websites using such User’s information.
Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Rakanda Enterprise Sdn Bhd. or its wholly owned subsidiary, Rakanda Enterprise Sdn Bhd. and/or third parties who have authorized their use (collectively the “Trademarks”). Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of these Trademarks on any other website is strictly prohibited. All of the materials contained on the Website are copyrighted except where explicitly noted otherwise. Rakanda Enterprise Sdn. Bhd. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Rakanda Enterprise Sdn. Bhd. neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Rakanda Enterprise Sdn. Bhd. Use of any materials on the Website is at User’s own risk.
Indemnity
By using this Website, each User accepts all responsibility for, and hereby indemnifies and holds harmless Rakanda Enterprise Sdn. Bhd. each of its related companies including it’s affiliates and subsidiaries and its Website hosting services supplier and each such company’s respective officers, directors, employees, shareholders, successors and assigns from and against any and all claims, liabilities, costs and expenses, including reasonable lawyers’ fees that may arise from actions taken by such User on or in connection with the Website, including, but not limited to any Submissions or other materials uploaded by them to the Website
Applicable Laws and Venue
All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Users and Rakanda Enterprise Sdn. Bhd. in connection with the Website, shall be governed by, and construed in accordance with, the laws in Malaysia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the Law in Malaysia.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Further Limitation of Liability
Rakanda Enterprise Sdn. Bhd. each of its related companies including subsidiaries and affiliates and each such company’s respective officers, directors, employees, successors and assigns are not responsible for any third party products or services offered on the Website, if any. To the fullest extent allowable by law, Rakanda Enterprise Sdn. Bhd. specifically disclaims any representations or warranties, express or implied, regarding any third party products and/or services offered on the Website, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.
Territory. Changes.
Rakanda Enterprise Sdn. Bhd. reserves the right to change or remove any content from the Website, in whole or in part, at its sole discretion, at any time, without notice.
Miscellaneous
The terms and conditions of this Agreement including other documents referenced herein constitute the entire agreement between Rakanda Enterprise Sdn. Bhd. and you with respect to your use of this Website. Rakanda Enterprise Sdn. Bhd. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The parties have required that this Agreement including all related documents be drawn up in English.
