Terms & Conditions of Use
The terms and conditions set out herein below govern the use of Aafiyat Mall system services offered and available on the website www.aafiyatmall.com, all its official Android / iOS app, and all related sub-sites (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.
The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.
If the User continues to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
The services herein are offered by the Company which has its registered office at Aafiyat Digital Sdn Bhd, Level 5, Kompleks Perniagaan Ampang, Lebuhraya Sultanah Bahiyah, Ampang Business Centre, 05050 Alor Setar, Kedah
The User must be either an Individual or Corporate Entity as defined herein below and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.
‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. ‘Individual’ includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User’s personal capacity and on behalf of the User’s child/ward, to be bound by the terms of this Agreement and to be liable for the User’s child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User’s child or ward observes the terms of this Agreement.
‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content“) are works protected under the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-
- modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
- transferring and/or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files, and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User’s personal use only. The User further agrees that he or she will not infringe the Company’s copyright by any method or manner now known or as may exist in the future.
The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts, and photographs (‘the Assigned Works’).
The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.
The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.
The domain name on which the Site is hosted is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
Aafiyat Mall and its logos are trademarks or registered trademarks of the Company.
CONTENT USE CONDITIONS
All information, materials, functions and other content (“Content“) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.
The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade, or exploit for any commercial or other purposes, any portion of, or any access to the:-
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping, or any other technological means (including any technology available in the future), without the prior written permission of the Company.
You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
Aafiyat Digital Sdn Bhd will take serious legal action against anyone who is trying to manipulate the system, data manipulation, sabotage, hack into, interfere with, disrupt, disable, denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming, framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company, decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
ONLINE CONDUCT OF THE USER
The User undertakes:
To comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);
not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
not to hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering, or reprogramming;
Aafiyat Digital Sdn Bhd will take serious legal action against anyone who is trying to manipulate the system, data manipulation, sabotage, hack into, interfere with, disrupt, disable, denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering, or reprogramming;
All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.
The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
Aafiyat Digital Sdn Bhd Has a right to use customers’ or clients’ data for analysis and etc. Customers cannot take action against the company under Personal Data Protection Act 2012 (PDPA).
Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.
A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to make a purchase on the Site.
The email address of the User shall not be publicly displayed on the Site. Aafiyat Digital Sdn. Bhd. have the right to use users email address to make analysis, reporting, and others related to Aafiyat Digital Sdn. Bhd.
Aafiyat Digital Sdn. Bhd has a right to use customers’ or clients’ data for analysis and etc. Customers cannot take action against the company under Personal Data Protection Act 2012 (PDPA).
TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain links and/or references to other websites (‘Third Party Websites’).
The Company shall not be responsible for the contents, accuracy, and/or opinions expressed in Third-Party Websites.
Third-Party Websites are not investigated, monitored, or checked for accuracy or completeness by the Company.
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.
EXCLUSION OF LIABILITIES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) any punitive, incidental, indirect, or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any special, indirect, or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trademark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;
(d) any liability at common law; or
(e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents, or employees.
For the avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents, or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Words importing one gender shall include any other gender unless stated otherwise.
Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.