Terms of Use ASK Wedding Website

Terms of Use ASK Wedding Website

This Terms of Use is dated 01st May 2016.

You are advised to read this Terms of Use and Private Policy. If you are not agreeable to this Terms of Use and Privacy Policy, you should immediately cease to use or exit the Website. Askwedding.com.my (‘the Website’) is owned and operated by ASK Wedding Sdn Bhd (Co. No.1181226-T) a company incorporated in Malaysia. The services provided through the Website is available to users (“Users”) for uploading posting viewing forwarding and/or otherwise using the advertisements promotional materials views comments and/or other information on the Website.

Access to and use of the contents and services provided on the Website are subject to this Terms of Use and the Privacy Policy. By using Website, Users acknowledge and agree to be contractually and legally bound by this Terms of Use and Privacy Policy (collectively “Terms of Use”).

The terms ‘we’, ‘us’, ‘our’ and ‘the Company’ refer to ASK Wedding Sdn Bhd. The term ‘you’ and ‘your’ refer to Users accessing and using the Website. The term “Terms of Use” shall be deemed to include the Privacy Policy.

This Terms of Use are subject to changes amendments updates variations by us at any time at our sole
discretion which shall be effective upon the posting of the current version on the Website.

The Website is an online platform provided by the Company (“the Services”) for you to list your services or products relevant or related to wedding which you offer by providing online marketing (including but not limited to advertisements promotions marketing campaigns and special events) as well as providing discussion forums and online platforms for you to upload post and comments related to your experience in your planning and organising your wedding.

The Company grants you a limited, non-exclusive, non-transferable and revocable licence to use the Website strictly in accordance with this Terms of Use. Unless with the prior written approval of the Company, you shall not copy distribute or create derivative works of the Website or alter or modify the whole or any part of the Website.

In accessing and using the Website, Users warrant and represent that:-

  • You are not under eighteen (18) years of age and have the legal capacity and/or full authority to accept and be bound by this Terms of Use.
  • The personal or corporate details and information provided by you for registration in order to gain full use of the Website are true and accurate.

You may be required to create an Account (“the Account”) in order to have access and use the features and facilities offered at the Website.

Any Password created in relation to the Account shall be kept secured and private and confidential at all times by you.

You shall be responsible for the security of your Password and we shall not be held liablefor any losses caused by unauthorised use of the Account by any third party but may however be liable for the losses suffered by the Company due to such unauthorised use.

In accessing and using the Account, you agree that:-

  • you shall be solely responsible for all activities that occurs on your Account.
  • you shall not use any system, including but not limited to “robots”, “spiders”, “offline readers”, “scrapers” or other like systems to access the Website for any purpose unless with the prior written approval of the Company;
  • you shall not in any manner whatsoever collect any data or information of other Users or any Website information or content for use on a “mirrored, competitive or third party website;
  • you shall not use the facilities provided by the Website in such a way or manner that can cause other search engines using spiders or robots to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials but not caches or archives of such materials.
  • you shall not misrepresent yourself or represent yourself as another User.
  • you shall not interfere or attempt to do so with the operations of the Website or any third party participation on the Website.
  • you shall not circumvent or attempt to do so any security measures installed by the Company to prevent or restrict access to the Website.
  • you shall not collect gather or harvest any personal or corporate identifiable data from the Website without prior consent or approval of the owners.

We reserve the right at anytime to charge you subscription fee for access and use of the Website or the contents or features contained at the Website.

The amount of subscription fee (if and when chargeable by us) will be indicated on the online registration form.

Any tax duties or levies on the subscription fees chargeable by us shall be borne by you.

In posting your materials or information to the Website, you shall not upload or post any text images video data sound information opinions or comments to the Website that:

  • misrepresents impersonates or any false or inaccurate information of any other users or any third party that may damage their reputation or collect utilize post or publish any of the information so collected without their knowledge and consent.
  • are illegal obscene defamatory profanity or any action or posting that would give rise to civil or criminal liability or otherwise inappropriate in the context of the function and purpose of the Website.
  • refuse neglect or fail to pay for services or goods purchased by you.
  • you refuse neglect or fail to perform the services or deliver the goods purchased unless the defaulting party fails to meet the terms that are mutually agreed upon.
  • you shall be responsible for anything submitted to the Website and undertake and warrant that all necessary licenses rights consents and permissions to use had been obtained and legally authorize us to use the same on the Website and that all royalties, fees, and charges (if any) had been paid to their legal owners or proprietors.
  • contain misrepresentation or falsehoods that can damage the reputation of the
    Company or any third party.
  • are pornographic obscene vulgar indecent racist hatred bigotry violence libellous or any inappropriate material in the context of the function and purpose of the Website.
  • intend to threaten defame degrade intimidate victimise or stalk any individual or inciting or encouraging anyone to do the same.
  • contain viruses or malware that can destroy interfere disrupt or harm the Website or the computers of other Users.

The Website includes a forum (“the Forum”) that allows interaction between Users who can post materials or information or comments generated by you (“PMI”).

You will retain ownership or copyright of your PMI that is published on the Website. By posting the PMI on the Website, you shall be deemed to grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any PMI in whole or in part in any manner and for any purpose whatsoever and without further obligation to you.

You are responsible for all the content(s) of your PMI and undertake as follows:-

  • publish PMI that is original and shall not infringe the copyright or other rights of any third party.
  • not to post link to or otherwise publish any PMI that is threatening offensive libellous indecent vulgar or otherwise unlawful.
  • respectfully challenge differing opinions or comments but not to personally attack other commentators.
  • not to disguise the origin of any PMI and shall not impersonate any person or
    entity or misrepresent any connection with any person or entity.
  • not to post or otherwise publish any PMI that is irrelevant and disruptive to the Forum or topic of the Forum.
  • not to post or transmit any PMI that contains software viruses, files or code
    designed to interrupt destroy or limit the functionality of the Website or any
    computer software or equipment.
  • not to collect or store personal data of other Users without their consent or
    approval.
  • not to restrict or inhibit any other Users from using the Forum.

We have no control over PMI submitted by Users to the Forum. We cannot therefore guarantee the accuracy, integrity or quality of any PMI. To the fullest extent permitted by applicable laws, the Company exclude all responsibility and liability for the PMI or for any losses or expenses resulting from its use and/or appearance in the Forum or the Website.

The Company does not endorse any data postings comments recommendation or advice posted on the Website by any User and all and any liability in connection therewith are hereby disclaimed by the Company.

You shall be financially liable to the Company and shall indemnify the Company and save the Company harmless for any claim against the Company by any third party that the PMI is not in accordance with the Terms of Use or that otherwise relates to the PMI. You may notify the Company with specific details of any PMI that is potentially misleading untrue offensive unlawful infringes third party rights or is in breach of the Terms of Use. The Company shall at our sole discretion decide whether to remove the affected PMI from the Forum or the Website.

IN ANY EVENT, THE COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.

If you are a User using the Website or have registered for an Account as a Vendor, you represent and warrant that you have the authority to bind the individual or the entity that is responsible for and operates the business as a Vendor and your acceptance of the Terms of Use will be deemed an acceptance by that individual or entity.

By signing up, registering or creating an Account on the Website as a Vendor, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality legitimacy conduct and establishment of your service, business, company or operations.

The Vendor shall not:

  • register or list on the Website in respect of goods or services which they do not offer or is irrelevant or inappropriate to wedding planning.
  • misrepresent the location(s) at which they provide their service or sell their goods.
  • include third party brand names or other inappropriate keywords in their profile, title or any posting, messages or submission made in or through the Website.
  • use misleading titles, words or phrases that do not accurately describe the goods or services they provide;
  • include any information in their profile that is fraudulent or otherwise incorrect or misleading.
  • do anything to evade or avoid any fees that may be due to the Company.
  • conduct fraud or misconduct at any promotions or events which the Company may conduct.
  • offer or solicit any business or do anything that contravenes this Terms of Use, or offering goods or services that are prohibited under the law.

You acknowledge and agree that the Company has no control over the actions of visitors, Users and Vendors. As such and not with standing the Privacy Policy, the Company cannot guarantee the confidentiality with respect to any data and information submitted by Users, including your Profile or information conveyed posted or shared by you or published on the Website.

The Company reserves the right at any time and from time to time at its sole discretion to modify or discontinue either temporarily or permanently, the Website or part of it with or without notice. You agree that the Company shall not be liable to you for any loss or damages due to the modification suspension or discontinuance of the Website.

You hereby acknowledge and agree that the Company at its sole and absolute discretion has the right but not the obligation to delete terminate or deactivate your Account, or terminate your access to or your use of the Website or any part thereof, or remove on the Website without notice and for any reason which the Company is not obliged to disclose to you.

Upon termination of your Account, your right to access and use the Website shall be terminated. Upon the occurrence of such an event, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. All licenses granted to you shall forthwith be terminated. However, all your permissions and/or licences granted the Company hereunder shall remain in effect and all terms and conditions and rights in favour of the Company shall survive the termination and remain in the full force and effect in favour of the Company.

The Company shall not be liable to you or any third party for loss or damages arising from the termination of your Account or your access to the Website.

In any event, you agree to indemnify and hold the Company, and its directors and employees harmless from any claim or demand, made by any third party arising out of the termination.

All the contents on the Website comprising the text software scripts graphics photos sounds music videos interactive features and the trademarks service marks and logos contained therein are the intellectual properties of the Company or the Users (as the case may be) under the copyright and intellectual property laws of Malaysia.

Re-use of any of the foregoing is strictly prohibited and the Company reserves all its rights. Any use of any of such content other than those permitted under the Terms of Use, is strictly prohibited and the Company reserves all its rights in this respect.

You expressly acknowledge and agree that the use of the Website is at your sole risk. The Company and/or its officers directors employees and agents make no warranties or representations and disclaim all warranties, representations or conditions whether express or implied arising from and in connection with the Website or from your use or inability to use the Website.

No warranties or representation made by the Company in respect of the following:-

  • accuracy, completeness, merchantability, quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights or any service that the Company provides;
  • errors, mistakes, omissions or inaccuracies in any material, content, message,
    transmission or act, whether posted, submitted or published or made available on
    the Website.
  • any unauthorized access to or use of the Website or the Company’s servers, data or information;
  • any cessation, termination or disturbance of transmission to or from the Website;
  • any computer viruses, worms, trojan horses or other malware or by trespass or
    burdening network capacity whether transmitted to or through the website whether due to the actions of any third parties or otherwise;
  • any transaction or transmission between you and any third party provider of
    products or services of any kind in any medium whatsoever;
  • any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the website or otherwise.

You expressly acknowledge and agree to the fullest extent permitted by law that in no event shall the Company, its officers, directors or employees be liable for any damages or loss or injury in any form whatsoever arising or resulting from or under and in connection with the Website and from your use or inability to use the Websites.

You agree to indemnify and hold the Company from harmless all claims damages losses
and costs, of any nature arising from your use of the Website, your breach
violation or infringement of this Terms of Use, or breach or violation of copyright, intellectual property, or privacy rights.

It is further expressly declared that the Company shall not be held responsible for
the following:-

    • any computer viruses worms trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the Website or whether due to the actions of any third parties or otherwise;
    • any transaction or transmission between Users and/or Vendors and any third party provider of products or services of any kind in any medium whatsoever;
    • any harassment abuse stalking threatening defamatory offensive infringing
      violating or illegal submission material content message transmission or act by
      any User of the Website or otherwise.

The User expressly acknowledge and agree to the fullest extent permitted by law, that in no event shall the Company, its officers, directors, employees and agents be liable for any loss or resulting from or under and in connection with the use and/or inability to use the Website.

The User hereby agree to indemnify and save harmless to the fullest extent allowed by law, the Company, or the directors, employees and agents from and against any claims, damages or liabilities, of any nature whatsoever arising from the User’s use of the Website or breach or violation of any term of this breach and/or violation of any third party right including but not limited to copyright intellectual property or any proprietary rights.

Your interactions with other Users and/or Vendors or third parties including performance or payment for goods and services, contract terms and conditions warranties or representations are solely between you and the other User or Vendor.

In the event of dispute between you and the other User, Vendor or any other third party in relation to the Website, such dispute shall be resolved between you and such other User, Vendor or any third party and the Company shall not be responsible for any liability or obligation in the dispute.

You agree that the Company shall not be responsible or liable for any loss or damage whatsoever suffered as the result of such transaction or dealings and you agree to release the Company its officers, managers, directors or employees from any claims demands and damages whatsoever arising out of or in any way related to such disputes.

The Website may provide third party links to other websites through which are able to log into the third party websites using the Account. The User acknowledges and agrees that the Company is not responsible or liable for any content, goods or services available from such websites nor shall it be interpreted as the Company’s endorsement of such third-party sites or their product or service offered by them.

The User also acknowledges that it is the obligation of the User to comply with any terms and conditions of any third parties that the User may deal with either directly or indirectly through the use of the Website, and the User shall accept all responsibility thereof. The dealings and communications of the Users through the Website with any party other than the Company are solely between the User and such third party. Any complaints concerns or questions the Users have relating to materials provided by third parties should be forwarded directly to the third party concerned.

It is hereby expressly declared that the Company is not an agent or partner of any Vendors in connection with the goods products or services offered, directly or indirectly, through the Website and not a party to any transaction between Users and Vendors.

These Agreement shall be governed our by the laws of Malaysia and the exclusive jurisdiction of the Courts of Malaysia.