TERMS AND CONDITIONS
INTRODUCTION
This website, itsmeriah.com (the "Website"), is operated by S.E.A Field Group of Companies ("we", "us", "our" and hereinafter referred to as "the Company"). We are a company registered in Malaysia at No. 34 & 36, Jalan Industri Mas 1, Taman Mas, 47100 Puchong Selangor, Malaysia.
Please take the time to read through the terms and conditions (the "Terms") before you use and/or access the Website. By visiting or using the Website and/or using any services provided by us, you confirm that you have acknowledged, understood, and agreed to adhere to the Terms.
We reserve the right to update, amend and/or replace any part of the Terms at any time and for any reason by posting the revised Terms here. You should check this page frequently to review the most current version of the Terms and to see if there are any updates or changes to the Terms. Your continued use of and/or access to the Website following the posting of any changes constitutes your acceptance to the Terms posted.
By accessing and/or using the Website, you represent and warrant that:-
- you are the user of the Website and that you are at least 18 years of age;
- if you are below 18 years of age, you have received consent from your parent(s) or legal guardian(s) to access and use the Services;
- all information supplied by you on or through the Website is true, accurate, updated and complete.
PRODUCT INFORMATION AND DESCRIPTIONS
We endeavour to be as accurate as reasonably possible in the information we provide about the products available through the Website, including in relation to product descriptions, features and other details of the products displayed. The actual products including its colours may appear different from the images of the products displayed on the Website, due to, amongst other things, studio lighting conditions or variances in the technical specifications and settings of the device in which you operate to view the products. Weights, measurements and other similar descriptions of products on the Website are provided for illustration purposes and convenience only.
We do not warrant or represent that the information provided on the Website including, without limitation, the prices, images, descriptions, specifications and indications of availability are accurate, complete, reliable, current, or error-free. We reserve the right to correct any inaccuracies, omissions or errors, and to update or amend the information on the Website at any time without notice. We also hereby reserve the right to discontinue any products at any time for any reason.
PROHIBITED ACTIVITIES
You undertake that you shall:
- not use the Website and/or the Materials and/or our services for any illegal, unlawful or unauthorised purpose and/or any other purpose not expressly authorised by us;
- not systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
- not use any bot, spider or other automatic device, manual process or data mining or extraction tool to access, monitor, copy or use the Website and/or the Materials, interfere with the Website;
- not attempt to delete the copyright or other proprietary rights notice from any Content;
- not copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, Javascript, or other code;
- not attempt to gain unauthorised access to the Website or otherwise interfere or disrupt other computer systems or networks that may be connected to the Website, interfere with the utilisation and/or enjoyment of the Website by another user, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, trojan horses, damaging components or malicious code which may impair or corrupt the Website's data or damage or interfere with the operation of another user's computer or mobile device or the Website;
- not attempt to mislead us or other users by making unauthorised use of the services, especially in any attempt to learn sensitive account information such as user passwords or email addresses;
- not disrupt, interfere with, hack into or otherwise impair the proper working of the Website and/or post or transmit through the Website any information, graphics, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro;
- except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
INTELLECTUAL PROPERTY
All intellectual property rights including but not limited to our source codes, databases, functionality, software, copyright, trademarks, design rights and patents, the website's contents, photos and any material published in the Website (collectively, the "Materials") are owned by or lawfully licensed to us. You are granted a personal, non-exclusive, revocable, non-assignable and non-transferable licence to use and view the Materials solely for your personal use only.
Save as aforesaid, you shall not, without our prior written consent, copy, reproduce, modify, republish, upload, post, transmit, adapt, download, sell, distribute, or howsoever exploit and deal with any Materials in any form or by any means. Save as expressly provided herein, all rights in and to the Materials shall vest and remain with us and our licensors, and all such rights are expressly reserved.
LINKED SITES
We may provide on the Website links or references to other sites, services and/or mobile applications of third parties ("Third Party Sites") that may be of relevance or interest to you. You acknowledge that we have no control over, and are not responsible for, the content on any Third Party Site or for any damage or loss you may incur from your access and/or use of any Third Party Site.
INDEMNITIES
You agree to indemnify us and hold us and our directors, officers, employees, consultant, suppliers, licensors, contractors, partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses (including, without limitation, legal fees) arising out of your access of, use of and/or participation in the Website and/or any Materials.
WARRANTIES AND LIMITATION OF LIABILITY
The Website, the Materials, all information provided therein, and/or our services are provided to you on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation:
- as to the reliability, accuracy, completeness, and validity of the Website and/or any Materials;
- that the functions contained on the Website will be secure, uninterrupted or error-free;
- as to the availability, accuracy, reliability and/or performance of the Website and/or any Materials; and
- that any defects will be corrected.
Any and all such warranties, conditions, terms and representations are expressly excluded. We assume no responsibility for errors or omissions in the Website and/or the Materials, including factual or other inaccuracies or typographical errors or omissions. You expressly agree that your use and/or access of the Website is at your sole risk.
You agree that we, our directors, officers, employees, consultant, suppliers, licensors, contractors, partners, affiliates, agents and representatives shall not under any circumstance be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation, lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s) and/or the Materials and/or the Website.
ACCESS TO THE WEBSITE
We reserve the right to discontinue and/or disable the Website and/or any part of the Website and/or any Materials at any time in our sole and absolute discretion. We may change and/or remove any Materials and/or the Website at any time in our sole discretion.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason.
PRIVACY POLICY
We care about data privacy and security. By using the services, you agree to be bound by our Privacy Policy posted on the Website.
MISCELLANEOUS
Governing Law
The Terms and any dispute or claim arising out of or in connection with the Terms including any non-contractual dispute or claim or dispute concerning its subject matter or formation, shall be governed by and construed in accordance with the laws of Malaysia.
Assignment
The rights and obligations under the Terms may not be assigned or transferred (in whole or in part) by you to another party without our express written consent, and any such assignment or transfer shall be null and void.
Survivability
All provisions of the Terms that are expressed to survive or that by their nature are intended to survive the termination of the Terms shall survive such termination.
Waiver
The failure by us to enforce any right or term of the Terms shall not be construed as a waiver of such right or term.
Headings
The headings in the Terms are included for convenience and should be ignored in interpreting the Terms.
Severability
Should any provision of the Terms be held to be unlawful, void, invalid or unenforceable, such provision shall be deemed not to form part of the Terms and shall not affect the validity of the other provisions of the Terms, which shall remain in full force and effect.
Rights of Third Parties
A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act Malaysia, to enforce any provision of the Terms.
Entire Agreement
The Terms, and any other terms and conditions referred to herein, constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior communications and understandings with respect to such subject matter.
No Partnership
Nothing in the Terms or in your use and/or access of the Website shall be deemed to create any joint venture, agency, partnership, or employment relationship between you and us.