Terms and Conditions of Use of Aerobeans.com
Welcome to AEROBEANS! Aerobeans.com is owned and operated by Aerobeans Management (PC0013275-P), a business registered in Malaysia. (hereinafter referred to as "AEROBEANS")
Please read this terms and conditions of the usage of aerobeans.com carefully before using the services provided by this website (hereinafter referred to as "this Agreement"). These terms and conditions govern your usage of the aerobeans.com website ("the Site") and your relationship with AEROBEANS. Please read them carefully as they affect your rights and liabilities under the laws. Using the Site indicates that you have accepted the Terms and Conditions of this Agreement. If you do not agree with these terms and conditions, you shall not proceed to view or utilize the Site. Please note that in order to enjoy the services provided by the Site, you are required to register as an authorized user on the Site.
1. USE OF THE SERVICES
1.1 Subject to the Terms and Conditions, you are permitted to view and download the Site, for your personal use only. AEROBEANS reserves the right to change, suspend or discontinue the services provided by the Site at any time, including but not limited to the availability of any feature, database or contents (hereinafter referred to as "the Services") without any prior notice and liability. AEROBEANS reserves the right to impose limitations on any features and Services or restrict your access to parts or all of the Services without prior notice or liability.
1.2 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or having access to or otherwise utilize the Services, including but not limited to modems, hardware, software, and long distance or local telephone service.
2.1 We may revise or amend these Terms and Conditions or any part hereof from time to time without any further notice to you.
2.2 If you do not wish to accept the revised or amended Terms and Conditions, you shall not continue to view or utilize the Site. If you continue to view or utilize the Site, after the date on which the change(s) comes into effect, you shall be bound by the revised or amended Terms and Conditions.
3. THE SITES CONTENTS
3.1 All materials displayed or performed on the Site shall belong to or controlled by AEROBEANS and the same shall be protected under the laws of copyright and laws pertaining to such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.
3.2 AEROBEANS reserves the rights to change or remove any parts of the contents or materials of the Site or any features thereof, at any time and for any reason without any prior notice and liability.
3.3 When you visit AEROBEANS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.1 You shall be above eighteen (18) years of age in order to register with the Site. If you are under 18, you may use our website only with involvement of a parent or guardian.
4.2 You shall ensure that the details provided by you on or before the registration are accurate, correct and complete.
4.3 You shall inform us immediately of any changes to the information that you have provided by updating your personal details should there be any changes of such information.
5. PASSWORD AND SECURITY
5.1 When you register to use the Site you shall be required to create a password. You shall keep this password confidential and shall not disclose or reveal it or share it with anyone. You shall be responsible for all activities, orders and transactions that occur or submitted under your password. If you have knowledge or suspect that someone else has misused your password you shall notify us by contacting our Customer Service (see below for contact details) immediately.
5.2 If AEROBEANS has reason to believe that there is likely to be a breach of security or misuse of the Site, AEROBEANS reserves the right to change your password or suspend your account in its sole discretion subject to clause 10.6.
6. USER CODE OF CONDUCT
6.1 You shall not use the Site for any of the following purposes:-
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct(s) that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorized access to other computer systems interfering with any other person's use or enjoyment of the Site;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or web sites connected to the Site; and
- making, transmitting or storing electronic copies of materials protected by the laws of copyright, without our prior written permission.
6.2 AEROBEANS reserves the right to remove any kind of materials, which have since been posted on the Site, without any prior notice.
8.1 You shall indemnify us against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with the following:
- any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Site by you infringes any third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you; and
- breach of any of the terms and conditions contained herein.
9.1 The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. As AEROBEANS has no control over such sites and resources you agree that linking to any other sites is at your sole risk and AEROBEANS shall not be responsible and makes no warranties for the availability of such external sites or resources and shall not be liable for the contents, whatsoever nature, found at such sites or resources.
10. LIMITATION OF LIABILITY
10.1 The Site and any software are provided on an "AS IS WHERE IS" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
10.2 AEROBEANS assumes no liability for any viruses or any other disabling features that affect your access to or utilization of the Site.
10.3 AEROBEANS assumes no liability for any incompatibility between the Site and other web sites, Services, software and hardware.
10.4 AEROBEANS assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or Services including any delay in the delivery of the item(s) purchased through the Site.
10.5 AEROBEANS assumes no liability for any utilization of the site including but not limited to direct, incidental or consequential loss or damages whether arising from any loss of profits, loss of revenue due to business interruption, loss programmes or otherwise arising.
10.6 AEROBEANS assumes no liability for any modification, suspension or discontinuance of the Site, the domain names or Services.
10.7 AEROBEANS assumes no liability for any oral or written information or advice given by AEROBEANS or its directors, officers or employees or its representatives nor shall you rely on any such information or advice.
10.8 AEROBEANS assumes no liability for the availability of Services or products on sale, nor does it assume liability that the price of the products shall remain unchanged throughout.
11. FORCE MAJEURE
11.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the party whose performance is affected.
11.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance, obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any delay so caused.
12. INTELLECTUAL PROPERTY
12.1 The contents of the Site in whatsoever nature or howsoever created shall belong to AEROBEANS and shall be protected by the laws of copyright, trade- marks, other intellectual property, may it be statutory or common law. You may retrieve and display the contents of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that you adhere to all and any copyright and proprietary notices. You shall not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without the written permission from AEROBEANS and AEROBEANS disclaims all liability which may arise thereof. No license shall be granted to you by these Terms and Conditions to use any trade mark of the Site including without limitation to, the trademarks of AEROBEANS and the Site or such other intellectual properties of AEROBEANS.
13. APPLICABLE LAW
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.
14. INTERNATIONAL USE
14.1 AEROBEANS shall makes no promise that materials on the Site are appropriate or available for use in locations outside Malaysia, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside Malaysia, you shall do so on your own initiative and are responsible for compliance with local laws.
15. EXPIRY DATE ON CARD PAYMENT
15.1 You shall ensure that the expiry date of your card shall only take place after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we shall not be able to take payment and fulfill your order.
16.1 You shall not assign, sub-license or otherwise transfer any of your rights provided by this Terms and Conditions. If any provision of this Terms and Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
16.2 If you breach these Terms and Conditions, irrespective of whether AEROBEANS disregards the same, AEROBEANS shall still be entitled to enforce its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
16.3 AEROBEANS shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
16.4 AEROBEANS and you agree that these Terms and conditions of the Sales and Purchases in the electronic form constitute a written document and therefore you undertake not to dispute or challenge the validity or enforceability of these Terms and Conditions of the Sales and Purchases on the grounds that it is not a written document and Aerobeans Management and you hereby waive any such right you may have at laws. Further, you and AEROBEANS agree to admit these Terms and Conditions of Sales and Purchases in electronic form as an original document, and will not challenge the admissibility of the Terms and the Conditions of the Sales and Purchases, if applicable.