TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website
owned and operated by Hileytech Sdn
Bhd (“Puppycom.my ”),
identified by the URL Puppycom.my
(the "Site"), but before
proceeding further please read
carefully the following Terms and
Conditions of Use which will govern
your use of the Site (”Terms and
Conditions” which expression shall
include any modification that may from
time to time be made thereto by Puppycom.my
). By using the
Site or by placing an order through
the Site you agree to and accept all
these Terms and Conditions and
therefore have entered into an
agreement with Puppycom.my
governing your use of the Site. In
addition, when you use any current or
future Puppycom.my service(s),
you also will be subject to the
guidelines and conditions applicable
to such service or business.
USE OF
SITE ACCESS
Puppycom.my
grants you a limited non-exclusive
license to access and make personal
and non-commercial home use of this
Site. As such, you cannot download the
Site (other than page caching) or
modify the Site or its contents or any
portion of the Site or any of its
contents, except with the prior
written consent of Puppycom.my .
This license does not include any
resale or commercial use of this Site
or its contents; any collection and
use of any product listings,
descriptions, or prices; any
derivative use of this Site or its
contents; any downloading or copying
of account information for the benefit
of another merchant and/or user; or
any use of data mining, robots, or
similar data gathering and extracting
tools. This Site or any portion of
this Site may NOT be reproduced,
duplicated, copied, sold, resold,
visited, or otherwise exploited for
any commercial purpose without prior
express written consent of Puppycom.my
. You may not frame or
utilise framing techniques to enclose
any trademark, logo, or other
proprietary information (including
images, text, page layout, or form) of
Puppycom.my and the Site
without Puppycom.my ’s prior
express written consent. You may not
use meta tags or any other
"hidden text" utilising Puppycom.my and the Site’s
name or trademarks without the prior
written consent of Puppycom.my .
Any unauthorised use automatically
terminates the permission or license
granted by Puppycom.my .
You
are granted a limited, revocable, and
non-exclusive right to create a
hyperlink to the homepage of the Site
so long as the link does not in any
manner whatsoever or howsoever portray
or depict the Site, or its products or
services in false, misleading,
derogatory, obscene or otherwise
offensive light or manner. You may not
use any Puppycom.my logo, the
Site logo or other proprietary graphic
or trade mark as part of the link
without Puppycom.my ’s prior
express written consent.
YOUR
PARTICULARS
When
you register with Puppycom.my , you
agree to (i) provide true, accurate,
current and complete information about
yourself as prompted by the Order form
(the "Order Data") and to
(ii) maintain and promptly update the
Order Data to keep it true, accurate,
current and complete. You are
responsible for maintaining the
confidentiality of your Order Data or
passwords and for restricting access
to your computer, and you agree to
accept responsibility for all
activities that occur under your
particulars. Puppycom.my
cannot and will not be liable for any
loss or damage arising from your
failure to comply with this Terms and
Conditions. If you are under 18 years
of age, you can use the Site only with
involvement of a parent or guardian. Puppycom.my reserves the
right to refuse service, remove or
edit content, or cancel orders at its
sole discretion.
RISK
OF LOSS
All
items purchased from the Site are made
pursuant to a shipment contract. This
means that the risk of loss and title
for such items pass to you upon our
delivery to the carrier.
TERMINATION
You
agree that Puppycom.my , at its
sole and absolute discretion, may
terminate your use of the Site for any
reason, including, without limitation,
lack of use or if Puppycom.my
believes that you have breached or
acted inconsistently with or in
disregard of the letter or spirit of
the Terms and Conditions. Puppycom.my may also at its
sole and absolute discretion and at
any time, with or without notice,
discontinue providing its services or
any part thereof. You agree that any
termination of your access to the Site
under any provision of this Terms and
Conditions may be effected without
prior notice, and acknowledge and
agree that Puppycom.my may
immediately bar any further access to
the Site. On the happening of any of
the afore-going, you agree that Puppycom.my shall not in any
manner whatsoever or howsoever, be
liable to you or any third party for
any termination of your access to the
Site.
INDEMNITY
You
hereby agree to indemnify and forever
save Puppycom.my , its affiliates,
directors, officers, employees,
owners, agents, information providers,
licensors and licensees harmless, from
and against any and all losses,
claims, demands, damages, liabilities
and/or costs and expenses, including
legal costs, on a full indemnity
basis, which may arise from your use
of the Site, including, but not
limited to, any breach of any of the
Terms and Conditions, or your
violation of any rights of another.
You shall use your best efforts to
cooperate with us in the defence of
any claim. We reserve the right (but
have no obligation), at our own
expense, to assume the exclusive
defence and control of any matter
subject always to full indemnification
by you.
You
hereby acknowledge and agree that any
breach of the Terms and Conditions
will result in irreparable harm and/or
losses to Puppycom.my for
which monetary damages would or may
not be an adequate remedy and,
therefore, in addition to its rights
and remedies otherwise available at
law, Puppycom.my will be
entitled to equitable relief,
including both a preliminary or
interlocutory and permanent
injunction, if such a breach occurs.
You irrevocably waive any requirement
for the posting of a bond or other
security if Puppycom.my seeks
such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF
LIABILITY
THIS
SITE IS PROVIDED BY Puppycom.my
ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Puppycom.my
MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR
PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
Puppycom.my
DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Puppycom.my
MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES THAT THIS
SITE OR THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED. Puppycom.my DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM Puppycom.my ARE
FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED. Puppycom.my WILL
NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION,
WHETHER IN CONTRACT, NEGLIGENCE, TORT
OR OTHERWISE OR ANY OTHER DAMAGES
RESULTING FROM ANY OF THE FOLLOWING (i)
THE USE OR THE INABILITY TO USE THE
SITE, (ii) ANY DEFECT IN GOODS,
SAMPLES, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED FROM A USER OR A
THIRD PARTY SERVICE PROVIDER THROUGH
THE SITE, (iii) UNAUTHORISED ACCESS BY
THIRD PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR
CONDUCT OF ANY USER OF THE SITE, OR
(v) ANY MATTERS RELATING TO SERVICES
ACQUIRED THROUGH THE SITE HOWEVER
ARISING, INCLUDING NEGLIGENCE.
ANY
MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE IS DONE AT
YOUR SOLE DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OR
CORRUPTION OF DATA THAT RESULTS OR MAY
RESULT FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Puppycom.my OR THROUGH OR
FROM THE SITE SHALL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY
STATED HEREIN.
UNDER
NO CIRCUMSTANCES SHALL Puppycom.my
BE HELD LIABLE FOR A DELAY OR FAILURE
OR DISRUPTION OF THE CONTENT OR
SERVICES DELIVERED THOUGH 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,
LABOUR DISPUTES, RIOTS, INSURRECTIONS,
CIVIL DISTURBANCES, SHORTAGES OF
LABOUR OR MATERIALS, FIRES, FLOOD,
STORMS, EXPLOSIONS, ACTS OF GOD, ACTS
OF TERRORISTS, WAR, GOVERNMENT
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS OR NON-PERFORMANCE
OF THIRD PARTIES.
APPLICABLE
LAW
This
Site is created, owned and controlled
by Puppycom.my in Malaysia.
The Terms and Conditions shall be
governed and interpreted in accordance
with the laws of Malaysia without
giving effect to any principles of
conflicts of laws. Those who choose to
access the Site do so on their own
initiative and are responsible for
compliance with local laws, if and to
the extent local laws are applicable.
By
visiting or using the Site or by
placing an order through the Site you
hereby irrevocably accept, agree and
consent to the exclusive jurisdiction
of the Courts in Malaysia in all
disputes, controversies or differences
of whatsoever nature which may arise,
out of or in relation to the Terms and
Conditions, or the breach hereof
relating to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate as
possible when describing our products
on the Site. However, to the
extent permitted by applicable law, we
do not warrant that the product
descriptions or other content
available on the Site is accurate,
complete, reliable, current, or
error-free.
MODIFICATION
AND DISCONTINUANCE
We
reserve the right at any time and from
time to time to modify or discontinue,
temporarily or permanently, the Site
and the Terms and Conditions (or any
part thereof) with or without notice
to you. The amended and restated Terms
and Conditions will be posted on the
Site and shall be effective
immediately upon posting. Posting by Puppycom.my of the amended
and restated Terms and Conditions and
your continued use of the Site shall
be deemed to be acceptance of the
amended terms. You agree that Puppycom.my shall not be
liable to you or to any third party
for any modification, suspension or
discontinuance of the Site. Please
also review our other policies posted
on the Site. These policies also
govern your visit to Puppycom.my ’s website.
WAIVER
OF CONDITIONS OF USE
The
failure of Puppycom.my in any
one or more instances to insist upon
performance of any of the terms or
conditions contained herein, or to
exercise any right or privilege
hereunder, or the waiver by Puppycom.my of any breach by
you, of these terms or conditions of
sale, shall not be construed as
thereafter waiving such terms and
condition, rights of privileges, and
the same shall continue and remain in
force and effect as if no failure or
waiver had occurred.
LINKS
TO OTHER WEBSITES
Links
to third party websites on this Site
are provided solely as a convenience
to you. Please exercise discretion
while browsing the Internet using this
Site. If you use these links, you will
leave this Site. Puppycom.my
has not reviewed all of these third
party sites and does not control and
is not responsible for any of these
sites or their content. Thus, Puppycom.my does not endorse
or make any representations about
them, or any information, software or
other products or materials found
there, or any results that may be
obtained from using them. If you
decide to access any of the third
party sites linked to this Site you do
this entirely at your own risk. Puppycom.my will not be
responsible or liable, directly or
indirectly, for any damage or loss
caused or alleged to be caused by or
in connection with use of or reliance
on any such content, goods or services
available on or through any such site
or resource.
INTELLECTUAL
PROPERTY RIGHTS
Puppycom.my
is the sole owner or lawful licensee
of all the rights to the Site and all
information, text, messages,
illustrations, images, logos, designs,
icons, photographs, programs, music,
sound, video clips, directories,
files, databases, listings or other
materials available on or through the
Site (collectively the
"Content"). The Site and the
Content embody trade secret and
intellectual property rights protected
under worldwide copyright and other
laws. All title, ownership and
intellectual property rights in the
Site and the Content shall remain with
Puppycom.my , its affiliates or
licensors of the Content, as the case
may be. All rights not otherwise
claimed under this Terms and
Conditions or by Puppycom.my
are hereby reserved. “Puppycom.my",
"Puppycom.my " and
related icons and logos of Hileytech
Sdn Bhd in various jurisdictions are
protected under applicable copyright,
trademark and other proprietary rights
laws. The unauthorised copying,
modification, use or publication of
these marks is strictly prohibited.
NOTICES
AND COMMUNICATIONS
When
you visit the Site or send e-mails to
us, you are communicating with us
electronically. You consent to receive
communications from us electronically.
We will communicate with you by e-mail
or by posting notices on the Site. You
agree that all agreements, notices,
disclosures and other communications
that we provide to you electronically
satisfy any legal requirement that
such communications be in writing.
SEVERABILITY
If any
provision of the Terms and Conditions
shall be unlawful, void, or for any
reason unenforceable, then that
provision shall be deemed severable
from these terms and shall not affect
the validity and enforceability of any
remaining provisions.
ENTIRE
AGREEMENT
The
Terms and Conditions constitute the
entire agreement between you and Puppycom.my and govern your
use of the Site, superseding any prior
agreements between you and Puppycom.my (including, but
not limited to, any prior versions of
the Terms and Conditions). You also
may be subject to additional terms and
conditions that may apply when you use
other Puppycom.my services,
third-party content or third-party
software. Any assignment or transfer
of either the Terms and Conditions or
any right granted hereunder is
strictly prohibited.
HEADING
The headings of each of the Terms
and Conditions are for convenience of
reference only and shall not form part
of the Terms and Conditions. Such
heading shall be ignored in the
interpretation or construction of any
of the Terms and Conditions.
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