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Welcome! You have entered the
website owned and operated by
DrNabisar
(“DrNabisar.com ”),
identified by the URL
DrNabisar.com
(the "Site"), but
before proceeding further
please read carefully the
following Terms and Conditions
of Use which will govern your
use of the Site (”Terms and
Conditions” which expression
shall include any modification
that may from time to time be
made thereto by DrNabisar.com
). By using the Site or
by placing an order through
the Site you agree to and
accept all these Terms and
Conditions and therefore have
entered into an agreement with
DrNabisar.com governing
your use of the Site. In
addition, when you use any
current or future
DrNabisar.com service(s), you also will be
subject to the guidelines and
conditions applicable to such
service or business.
USE
OF SITE ACCESS
DrNabisar.com
grants you a limited
non-exclusive license to
access and make personal and
non-commercial home use of
this Site. As such, you cannot
download the Site (other than
page caching) or modify the
Site or its contents or any
portion of the Site or any of
its contents, except with the
prior written consent of
DrNabisar.com
. This license does not
include any resale or
commercial use of this Site or
its contents; any collection
and use of any product
listings, descriptions, or
prices; any derivative use of
this Site or its contents; any
downloading or copying of
account information for the
benefit of another merchant
and/or user; or any use of
data mining, robots, or
similar data gathering and
extracting tools. This Site or
any portion of this Site may
NOT be reproduced, duplicated,
copied, sold, resold, visited,
or otherwise exploited for any
commercial purpose without
prior express written consent
of DrNabisar.com . You may not
frame or utilise framing
techniques to enclose any
trademark, logo, or other
proprietary information
(including images, text, page
layout, or form) of
DrNabisar.com
and the Site without
DrNabisar.com
’s prior express written
consent. You may not use meta
tags or any other "hidden
text" utilising
DrNabisar.com
and the Site’s name or
trademarks without the prior
written consent of
DrNabisar.com
. Any unauthorised use
automatically terminates the
permission or license granted
by DrNabisar.com .
You
are granted a limited,
revocable, and non-exclusive
right to create a hyperlink to
the homepage of the Site so
long as the link does not in
any manner whatsoever or
howsoever portray or depict
the Site, or its products or
services in false, misleading,
derogatory, obscene or
otherwise offensive light or
manner. You may not use any
DrNabisar.com
logo, the Site logo or other
proprietary graphic or trade
mark as part of the link
without DrNabisar.com ’s
prior express written consent.
YOUR
PARTICULARS
When
you register with
DrNabisar.com
, you agree to (i) provide
true, accurate, current and
complete information about
yourself as prompted by the
Order form (the "Order
Data") and to (ii)
maintain and promptly update
the Order Data to keep it
true, accurate, current and
complete. You are responsible
for maintaining the
confidentiality of your Order
Data or passwords and for
restricting access to your
computer, and you agree to
accept responsibility for all
activities that occur under
your particulars.
DrNabisar.com
cannot and will not be liable
for any loss or damage arising
from your failure to comply
with this Terms and
Conditions. If you are under
18 years of age, you can use
the Site only with involvement
of a parent or guardian.
DrNabisar.com
reserves the right to refuse
service, remove or edit
content, or cancel orders at
its sole discretion.
RISK
OF LOSS
All
items purchased from the Site
are made pursuant to a
shipment contract. This means
that the risk of loss and
title for such items pass to
you upon our delivery to the
carrier.
TERMINATION
You
agree that DrNabisar.com , at
its sole and absolute
discretion, may terminate your
use of the Site for any
reason, including, without
limitation, lack of use or if
DrNabisar.com
believes that you have
breached or acted
inconsistently with or in
disregard of the letter or
spirit of the Terms and
Conditions. DrNabisar.com
may also at its sole and
absolute discretion and at any
time, with or without notice,
discontinue providing its
services or any part thereof.
You agree that any termination
of your access to the Site
under any provision of this
Terms and Conditions may be
effected without prior notice,
and acknowledge and agree that
DrNabisar.com may
immediately bar any further
access to the Site. On the
happening of any of the
afore-going, you agree that
DrNabisar.com
shall not in any manner
whatsoever or howsoever, be
liable to you or any third
party for any termination of
your access to the Site.
INDEMNITY
You
hereby agree to indemnify and
forever save DrNabisar.com ,
its affiliates, directors,
officers, employees, owners,
agents, information providers,
licensors and licensees
harmless, from and against any
and all losses, claims,
demands, damages, liabilities
and/or costs and expenses,
including legal costs, on a
full indemnity basis, which
may arise from your use of the
Site, including, but not
limited to, any breach of any
of the Terms and Conditions,
or your violation of any
rights of another. You shall
use your best efforts to
cooperate with us in the defence of any claim. We
reserve the right (but have no
obligation), at our own
expense, to assume the
exclusive defence and control
of any matter subject always
to full indemnification by
you.
You
hereby acknowledge and agree
that any breach of the Terms
and Conditions will result in
irreparable harm and/or losses
to DrNabisar.com for
which monetary damages would
or may not be an adequate
remedy and, therefore, in
addition to its rights and
remedies otherwise available
at law, DrNabisar.com
will be entitled to equitable
relief, including both a
preliminary or interlocutory
and permanent injunction, if
such a breach occurs. You
irrevocably waive any
requirement for the posting of
a bond or other security if
DrNabisar.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION
OF LIABILITY
THIS
SITE IS PROVIDED BY
DrNabisar.com
ON AN "AS IS" AND
"AS AVAILABLE"
BASIS. DrNabisar.com
MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
DrNabisar.com
DISCLAIMS ALL EXPRESS OR
IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF
ANY KIND, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTY
OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
DrNabisar.com
MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR
GUARANTEES THAT THIS SITE OR
THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THE SITE WILL
MEET YOUR REQUIREMENTS; WILL
BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED.
DrNabisar.com
DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL
SENT FROM DrNabisar.com
ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE
QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR
EXPECTATIONS. ALL SUCH
WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND
TERMS ARE HEREBY EXCLUDED.
DrNabisar.com
WILL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL
OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF
INFORMATION, WHETHER IN
CONTRACT, NEGLIGENCE, TORT OR
OTHERWISE OR ANY OTHER DAMAGES
RESULTING FROM ANY OF THE
FOLLOWING (i) THE USE OR THE
INABILITY TO USE THE SITE,
(ii) ANY DEFECT IN GOODS,
SAMPLES, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED
FROM A USER OR A THIRD PARTY
SERVICE PROVIDER THROUGH THE
SITE, (iii) UNAUTHORISED
ACCESS BY THIRD PARTIES TO
YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS
OR CONDUCT OF ANY USER OF THE
SITE, OR (v) ANY MATTERS
RELATING TO SERVICES ACQUIRED
THROUGH THE SITE HOWEVER
ARISING, INCLUDING NEGLIGENCE.
ANY
MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE
SITE IS DONE AT YOUR SOLE
DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OR CORRUPTION OF DATA
THAT RESULTS OR MAY RESULT
FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY
DAMAGES RESULTING FROM
COMPUTER VIRUSES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
DrNabisar.com
OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED
HEREIN.
UNDER
NO CIRCUMSTANCES SHALL
DrNabisar.com
BE HELD LIABLE FOR A DELAY OR
FAILURE OR DISRUPTION OF THE
CONTENT OR SERVICES DELIVERED
THOUGH THE SITE RESULTING
DIRECTLY OR INDIRECTLY FROM
ACTS OF NATURE, FORCES OR
CAUSES BEYOND ITS REASONABLE
CONTROL, INCLUDING WITHOUT
LIMITATION, INTERNET FAILURES,
COMPUTER, TELECOMMUNICATIONS
OR ANY OTHER EQUIPMENT
FAILURES ELECTRICAL POWER
FAILURES, STRIKES, LABOUR
DISPUTES, RIOTS,
INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF
LABOUR OR MATERIALS, FIRES,
FLOOD, STORMS, EXPLOSIONS,
ACTS OF GOD, ACTS OF
TERRORISTS, WAR, GOVERNMENT
ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS OR
NON-PERFORMANCE OF THIRD
PARTIES.
APPLICABLE
LAW
This
Site is created, owned and
controlled by DrNabisar.com
in Malaysia. The Terms and
Conditions shall be governed
and interpreted in accordance
with the laws of Malaysia
without giving effect to any
principles of conflicts of
laws. Those who choose to
access the Site do so on their
own initiative and are
responsible for compliance
with local laws, if and to the
extent local laws are
applicable.
By
visiting or using the Site or
by placing an order through
the Site you hereby
irrevocably accept, agree and
consent to the exclusive
jurisdiction of the Courts in
Malaysia in all disputes,
controversies or differences
of whatsoever nature which may
arise, out of or in relation
to the Terms and Conditions,
or the breach hereof relating
to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate
as possible when describing
our products on the Site.
However, to the extent
permitted by applicable law,
we do not warrant that the
product descriptions or other
content available on the Site
is accurate, complete,
reliable, current, or
error-free.
MODIFICATION
AND DISCONTINUANCE
We
reserve the right at any time
and from time to time to
modify or discontinue,
temporarily or permanently,
the Site and the Terms and
Conditions (or any part
thereof) with or without
notice to you. The amended and
restated Terms and Conditions
will be posted on the Site and
shall be effective immediately
upon posting. Posting by
DrNabisar.com
of the amended and restated
Terms and Conditions and your
continued use of the Site
shall be deemed to be
acceptance of the amended
terms. You agree that
DrNabisar.com
shall not be liable to you or
to any third party for any
modification, suspension or
discontinuance of the Site.
Please also review our other
policies posted on the Site.
These policies also govern
your visit to DrNabisar.com
’s website.
WAIVER
OF CONDITIONS OF USE
The
failure of DrNabisar.com
in any one or more instances
to insist upon performance of
any of the terms or conditions
contained herein, or to
exercise any right or
privilege hereunder, or the
waiver by DrNabisar.com
of any breach by you, of these
terms or conditions of sale,
shall not be construed as
thereafter waiving such terms
and condition, rights of
privileges, and the same shall
continue and remain in force
and effect as if no failure or
waiver had occurred.
LINKS
TO OTHER WEBSITES
Links
to third party websites on
this Site are provided solely
as a convenience to you.
Please exercise discretion
while browsing the Internet
using this Site. If you use
these links, you will leave
this Site. DrNabisar.com
has not reviewed all of these
third party sites and does not
control and is not responsible
for any of these sites or
their content. Thus,
DrNabisar.com
does not endorse or make any
representations about them, or
any information, software or
other products or materials
found there, or any results
that may be obtained from
using them. If you decide to
access any of the third party
sites linked to this Site you
do this entirely at your own
risk. DrNabisar.com will
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 site or
resource.
INTELLECTUAL
PROPERTY RIGHTS
DrNabisar.com
is the sole owner or lawful
licensee of all the rights to
the Site and all information,
text, messages, illustrations,
images, logos, designs, icons,
photographs, programs, music,
sound, video clips,
directories, files, databases,
listings or other materials
available on or through the
Site (collectively the
"Content"). The Site
and the Content embody trade
secret and intellectual
property rights protected
under worldwide copyright and
other laws. All title,
ownership and intellectual
property rights in the Site
and the Content shall remain
with DrNabisar.com , its
affiliates or licensors of the
Content, as the case may be.
All rights not otherwise
claimed under this Terms and
Conditions or by DrNabisar.com
are hereby reserved. “DrNabisar",
"DrNabisar.com " and
related icons and logos of
Home N You Sdn Bhd in various
jurisdictions are protected
under applicable copyright,
trademark and other
proprietary rights laws. The
unauthorised copying,
modification, use or
publication of these marks is
strictly prohibited.
NOTICES
AND COMMUNICATIONS
When
you visit the Site 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 the
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.
SEVERABILITY
If
any provision of the Terms and
Conditions shall be unlawful,
void, or for any reason
unenforceable, then that
provision shall be deemed
severable from these terms and
shall not affect the validity
and enforceability of any
remaining provisions.
ENTIRE
AGREEMENT
The
Terms and Conditions
constitute the entire
agreement between you and
DrNabisar.com
and govern your use of the
Site, superseding any prior
agreements between you and
DrNabisar.com
(including, but not limited
to, any prior versions of the
Terms and Conditions). You
also may be subject to
additional terms and
conditions that may apply when
you use other DrNabisar.com
services, third-party content
or third-party software. Any
assignment or transfer of
either the Terms and
Conditions or any right
granted hereunder is strictly
prohibited.
HEADING
The headings of each of the
Terms and Conditions are for
convenience of reference only
and shall not form part of the
Terms and Conditions. Such
heading shall be ignored in
the interpretation or
construction of any of the
Terms and Conditions.
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