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1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is fully managed by Natures Palette Holdings Sdn Bhd (“Nature’s Palette”), and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
2. Privacy Policy
We value your privacy. Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Prohibitions
You must not misuse this Website. You will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Nature’s Palette will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
All material from the Website is considered property of Nature’s Palette and unauthorized use of such material is strictly prohibited. All such rights are protected by intellectual property laws around the world, and all rights are reserved.
No portion of the Site may be copied, sold, reproduced, duplicated, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Nature’s Palette. There shall be no representation made on the Website that would be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed on the Site. Nature’s Palette’s Intellectual Property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nature’s Palette or its products.
5. Disclaimer of Liability
The product displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Nature’s Palette and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Nature’s Palette’s liability for death or personal injury arising from its negligence or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. Termination of Agreements
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Use or revoke any or all of your rights granted under the Terms of Use. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of NATURES PALETTE HOLDINGS SDN BHD, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
7. Links to this website
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
8. Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or product appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Nature’s Palette will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
9. Entire Agreement
This Agreement constitutes the entire agreement between the Parties in connection with the subject matter herein and replaces and supersedes all previous proposals, quotations and agreements pertaining to the subject matter of this Agreement, whether written or oral.
10. Severability
In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable, illegal or otherwise invalid in any respect under any law, such unenforceability, illegality or invalidity shall not affect or impair any other provisions of this Agreement and this Agreement shall then be construed, interpreted and applied so as to produce as nearly as may be the legal, economic and commercial result intended by the Parties. In any such instance, the Parties shall work together in good faith to make such alternative arrangement(s) or change such term(s) as may be legally permissible to carry out as nearly as practicable the original terms and intent of the Agreement.
11. Waiver
No failure or delay on the part of a Party in exercising any rights or remedies under this Agreement at any time or for any period of time nor any knowledge or acquiescence by a Party of, or in, breach of any provision of this Agreement shall operate as or be deemed to be a waiver thereof nor shall a waiver by that Party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
12. Governing Law and Jurisdictions
This Agreement shall be construed and governed in accordance with the laws of Malaysia and the Parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia in all matters under or arising out of this Agreement.