Terms & Conditions
1. Introduction
Welcome to Takaso Marketing SDN BHD (“Company”, “we”,
“our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your
use of our website located at b2b.takaso.com (together
or individually “Service”) operated by Takaso Marketing SDN BHD.
Our Privacy Policy also
governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages.
Your agreement with us
includes these Terms and our Privacy Policy (“Agreements”). You acknowledge
that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements,
then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a
solution. These Terms apply to all visitors, users and others who wish to
access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or by emailing at [email protected].
3. Purchases
If you wish to purchase
any product or service made available through Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including but not
limited to, your credit or debit card number, the expiration date of your card,
your billing address, and your shipping information.
You represent and warrant
that: (i) you have the legal right to use any card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you
supply to us is true, correct and complete.
We may employ the use of
third party services for the purpose of facilitating payment and the completion
of Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to
refuse or cancel your order at any time for reasons including but not limited
to: product or service availability, errors in the description or price of the
product or service, error in your order or other reasons.
We reserve the right to
refuse or cancel your order if fraud or an unauthorized or illegal transaction
is suspected.
4. Contests,
Sweepstakes and Promotions
Any contests, sweepstakes
or other promotions (collectively, “Promotions”) made available through Service
may be governed by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of
Service, Promotion rules will apply.
5. Refunds
We issue refunds for Contracts within 1 days of
the original purchase of the Contract.
6. Content
Our Service allows you to
post, link, store, share and otherwise make available certain information,
text, graphics, videos, or other material (“Content”). You are responsible for Content
that you post on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or
through Service, You represent and warrant that: (i) Content is yours (you own
it) and/or you have the right to use it and the right to grant us the rights
and license as provided in these Terms, and (ii) that the posting of your
Content on or through Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing
on a copyright.
You retain any and all of
your rights to any Content you submit, post or display on or through Service
and you are responsible for protecting those rights. We take no responsibility
and assume no liability for Content you or any third party posts on or through
Service. However, by posting Content using Service you grant us the right and
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through Service. You agree that this license
includes the right for us to make your Content available to other users of
Service, who may also use your Content subject to these Terms.
Takaso Marketing SDN BHD has the right but not the obligation to
monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the
property of Takaso Marketing SDN BHD or
used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for
commercial purposes or for personal gain, without express advance written
permission from us.
7. Prohibited Uses
You may use Service only
for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that
violates any applicable national or international law or regulation.
0.2. For the purpose of
exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
0.3. To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or
attempt to impersonate Company, a Company employee, another user, or any other
person or entity.
0.5. In any way that
infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
0.6. To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of Service,
or which, as determined by us, may harm or offend Company or users of Service
or expose them to liability.
Additionally, you agree
not to:
0.1. Use Service in any
manner that could disable, overburden, damage, or impair Service or interfere
with any other party’s use of Service, including their ability to engage in
real time activities through Service.
0.2. Use any robot,
spider, or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual
process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
0.4. Use any device,
software, or routine that interferes with the proper working of Service.
0.5. Introduce any
viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
0.6. Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
0.7. Attack Service via a
denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that
may damage or falsify Company rating.
0.9. Otherwise attempt to
interfere with the proper working of Service.
8. Analytics
We may use third-party
Service Providers to monitor and analyze the use of our Service.
9. No Use By
Minors
Service is intended only
for access and use by individuals at least eighteen (18) years old. By
accessing or using Service, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to
enter into this agreement and abide by all of the terms and conditions of
Terms. If you are not at least eighteen (18) years old, you are prohibited from
both the access and usage of Service.
10. Accounts
When you create an
account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible for
maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
our sole discretion.
11. Intellectual
Property
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of Takaso Marketing SDN BHD and
its licensors. Service is protected by copyright, trademark, and other laws
of and foreign countries. Our trademarks may not be used in connection
with any product or service without the prior written consent of Takaso Marketing SDN BHD.
12. Copyright
Policy
We respect the
intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one,
and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line:
“Copyright Infringement” and include in your claim a detailed description of
the alleged Infringement as detailed below, under “DMCA Notice and Procedure
for Copyright Infringement Claims”
You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
13. DMCA Notice and
Procedure for Copyright Infringement Claims
You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
0.1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright’s interest;
0.2. a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
0.3. identification of
the URL or other specific location on Service where the material that you claim
is infringing is located;
0.4. your address,
telephone number, and email address;
0.5. a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
0.6. a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected].
14. Error Reporting
and Feedback
You may provide us either directly at [email protected] or via third party sites
and tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development ideas similar
to the Feedback; (iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
15. Links To Other
Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Takaso Marketing SDN BHD.
Takaso Marketing SDN BHD has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal
documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating
an excellent standard Terms of Service template for a website, blog, e-commerce
store or app.
YOU ACKNOWLEDGE AND AGREE
THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF
OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY
SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO
READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR
SERVICES THAT YOU VISIT.
16. Disclaimer Of
Warranty
THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY
PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY
NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of
Liability
EXCEPT AS PROHIBITED BY
LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
18. Termination
We may terminate or
suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to terminate
your account, you may simply discontinue using Service.
All provisions of Terms
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with
the laws of Malaysia, which
governing law applies to agreement without regard to its conflict of law
provisions.
Our failure to enforce
any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service
and supersede and replace any prior agreements we might have had between us
regarding Service.
20. Changes To
Service
We reserve the right to
withdraw or amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable if for
any reason all or any part of Service is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of Service, or
the entire Service, to users, including registered users.
21. Amendments To
Terms
We may amend Terms at any
time by posting the amended terms on this site. It is your responsibility to
review these Terms periodically.
Your continued use of the
Platform following the posting of revised Terms means that you accept and agree
to the changes. You are expected to check this page frequently so you are aware
of any changes, as they are binding on you.
By continuing to access
or use our Service after any revisions become effective, you agree to be bound
by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
22. Waiver And
Severability
No waiver by Company of
any term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Company to assert a right or provision under
Terms shall not constitute a waiver of such right or provision.
If any provision of Terms
is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of Terms will
continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER
SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical
support by email: [email protected].