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TERMS AND CONDITIONS OF USE Welcome
TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website
owned and operated by Orange2You.com (“Orange2You.com
”), identified by the URL Orange2You.com
(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 Orange2You.com ). 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 Orange2You.com
governing your use of the Site. In
addition, when you use any current or
future Orange2You.com service(s),
you also will be subject to the guidelines
and conditions applicable to such service
or business.
USE OF
SITE ACCESS
Orange2You.com
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 Orange2You.com . 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 Orange2You.com . 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 Orange2You.com and the
Site without Orange2You.com ’s prior
express written consent. You may not use
meta tags or any other "hidden
text" utilising Orange2You.com
and the Site’s name or trademarks
without the prior written consent of Orange2You.com
. Any unauthorised use automatically
terminates the permission or license
granted by Orange2You.com .
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 Orange2You.com
logo, the Site logo or other proprietary
graphic or trade mark as part of the link
without Orange2You.com ’s prior express
written consent.
YOUR
PARTICULARS
When you
register with Orange2You.com , 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. Orange2You.com 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. Orange2You.com 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 Orange2You.com , at its sole and
absolute discretion, may terminate your
use of the Site for any reason, including,
without limitation, lack of use or if Orange2You.com
believes that you have breached or acted
inconsistently with or in disregard of the
letter or spirit of the Terms and
Conditions. Orange2You.com 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 Orange2You.com
may immediately bar any further access to
the Site. On the happening of any of the
afore-going, you agree that Orange2You.com
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 Orange2You.com
, 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 Orange2You.com
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, Orange2You.com
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 Orange2You.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE
IS PROVIDED BY Orange2You.com ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. Orange2You.com
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.
Orange2You.com
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. Orange2You.com
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. Orange2You.com DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM Orange2You.com 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. Orange2You.com
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 Orange2You.com
OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL Orange2You.com
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 Orange2You.com
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 Orange2You.com
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 Orange2You.com
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 Orange2You.com ’s website.
WAIVER OF
CONDITIONS OF USE
The
failure of Orange2You.com 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 Orange2You.com 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. Orange2You.com
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, Orange2You.com
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. Orange2You.com
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
Orange2You.com
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 Orange2You.com
, its affiliates or licensors of the
Content, as the case may be. All rights
not otherwise claimed under this Terms and
Conditions or by Orange2You.com are
hereby reserved. “Orange2You.com",
"Orange2You.com " and related
icons and logos of Orange2You.com 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 Orange2You.com
and govern your use of the Site,
superseding any prior agreements between
you and Orange2You.com (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 Orange2You.com
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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