Terms and Conditions
Please read through these conditions of use carefully. If you do not agree to be bound by the terms and conditions of this Agreement, you may choose not to use the services at kiwiacplus.com
1. ELECTRONIC COMMUNICATIONS
1.1. When you visit “kiwiacplus” 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 this site.
1.2. 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, and you agree that this shall be deemed sufficient notice to you.
2.1. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of “kiwiacplus” or its content suppliers or of the individual sellers, as the case may be, and are protected by Malaysian and international copyright laws.
2.2. The compilation of all content on this site is the exclusive property of “kiwiacplus” and protected by Malaysian and international copyright laws.
2.3. All software used on this site is the property of “kiwiacplus” or its software suppliers and protected by Malaysian and international copyright laws.
3.1. “kiwiacplus” and other graphics, logos, page headers, button icons, scripts and service names are trademarks or trade names of “kiwiacplus” in Malaysia and/or other countries.
3.2. KIWIACPLUS’s trademarks and trade dress may not be used in connection with any product or service that is not kiwiacplus ‘s, nor in any manner that is likely to cause confusion among the public nor in any manner that disparages or discredits “kiwiacplus”.
4. LICENSE AND SITE ACCESS
4.1. “kiwiacplus” grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of “kiwiacplus”.
4.2. 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; or any use of data mining, robots, or similar data gathering and extraction tools.
4.3. 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 express written consent of “kiwiacplus”.
4.4. You will not use this website for any purpose that is either unlawful or prohibited by these Conditions of Use, and you agree not to use this website in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this website.
4.5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of “kiwiacplus” without express written consent.
4.6. You may not use any meta tags or any other “hidden text” utilizing kiwiacplus ‘s name or trademarks without the express written consent of “kiwiacplus”.
4.7. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of kiwiacplus.com so long as the link does not portray “kiwiacplus”, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any “kiwiacplus” logo or other proprietary graphic or trademark as part of the link without express written permission.
4.8. Any unauthorized use terminates the permission or license granted by “kiwiacplus”.
5.1. We will not sell or rent your personal information to third parties. For the avoidance of doubt, we shall not be liable for any disclosure of your personal information otherwise than by reason of our wilful default, including disclosure by our internet service providers or which are obtained from our servers hosted by a third party by means outside of our control.
5.2. Occasionally we may send automatic announcements or promotional messages to previous customers. Such messages ought to contain an unsubscribe option so you can indicate if you do not wish to receive any future offers.
5.3. We may disclose personal information to respond to legal requirements, enforce our policies, or protect anyone’s rights, property, or safety.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1. This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by “KIWIACPLUS” on an “as is” and “as available” basis, unless otherwise specified in writing. “KIWIACPLUS” makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
6.2. “KIWIACPLUS” does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from “KIWIACPLUS” are free of viruses or other harmful components.
6.3. “KIWIACPLUS” will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
13. APPLICABLE LAW
6.1. By visiting www.kiwiacplus.com, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and “KIWIACPLUS”.
7.1. Any dispute relating in any way to your visit to www.kiwiacplus.com or to products or services sold or distributed by “KIWIACPLUS” or through www.kiwiacplus.com in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the Malaysian Consumer Claims Tribunal or the courts in Kuala Lumpur, Malaysia as the case may be, and you consent to exclusive jurisdiction and venue in such courts.
8 OTHER SITE POLICIES AND MODIFICATION
8.1. Please review our other policies, posted on this site. These policies also govern your visit to www.kiwiacplus.com
8.2. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. As a registered user, you agree that you shall keep yourself aware of the terms and conditions in force every time you access this website by checking this page or any other page where the Terms and Conditions are contained. Upon posting the amended Agreement on our site, you are deemed to have agreed to those terms upon your continued use of our services after the posting of any amended terms on the Site.
8.3. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
9.1. The Terms and Conditions on this Site constitute the entire Agreement between you and www.kiwiacplus.com governing your use of this website, subject to our other policies and subject to the terms and conditions of sale of individual Sellers. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written between www.kiwiacplus.com and you with respect to such subject matter.
9.2. The failure or delay of www.kiwiacplus.com in exercising any right or remedy under these Conditions of Use or elsewhere shall not constitute a waiver of such right or remedy.
9.3. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
9.4. These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions in this Agreement are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of this Agreement will not fail on account thereof, and the balance of the Agreement will continue in full force and effect.
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