Terms and Conditions

This Agreement was last modified on 18 February 2021.

WEBSITE TERMS & CONDITIONS

1. Acceptance of Terms

1.1 Your access to and use of www.d-touch.com.my (“the Website”) and any Services referred to in Clause 2, is subject to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2. The Services

The Website may provide communication tools such as email, bulletin boards, chat areas, new groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3. Privacy and Cookies

We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.

4. Acceptable Use

4.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.

4.2 In using the Website/Services you agree not to:

4.2.1 Use the Services to send junk email, spam, chain letters, pyramid schemes or other unsolicited messages,commercial or otherwise;

4.2.2 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene,indecent, threatening, abusive, harassing or unlawful.

4.2.3 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

4.2.4 Make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another.

4.2.5 Impersonate any person or entity for the purpose of misleading others

4.2.6 Violate any applicable laws or regulations

4.2.7 Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services

4.2.8 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

5 Termination

We have the right to terminate your access to any of all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

6. Internal Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the internet.

7. Intellectual Property Rights

7.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

7.2 www.d-touch.com.my does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

8. Indemnity

You agree to indemnify www.d-touch.com.my harmless from and against any breach by you of these Terms and Conditions and any claim or demands brought against www.d-touch.com.my by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through Services, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.d-touch.com.my in consequence of your breach of these Terms and Conditions.

9. Disclaimers and Limitation Liability

9.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS “and “AS AVAILABLE” basis without any representation or endorsement made any without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

9.2 To the extent permitted by law, www.d-touch.com.my will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

9.3 www.d-touch.com.my makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.d-touch.com.my for death or personal injury as a result of the negligence of www.d-touch.com.my

9.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

10. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Malaysia and you hereby submit to the exclusive jurisdictions of the Malaysia courts.

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