Terms & Conditions for IMFAN Website (for buyer)
SECTION 1: Acknowledgement of Acceptance
By using our International Muslim Friendly Affiliated Network (IMFAN) Platform, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our IMFAN Platform.
SECTION 2: Services
Aspire Flagship Sdn. Bhd. (“AFSB”) grants to the Customer the non-exclusive, non-transferable right to access and use the International Muslim Friendly Affiliated Network (IMFAN) Platform (“Services”) and provide the Services to the Customer and its authorised user(s) (“Authorised User(s)”), subject to the terms and conditions (“T&Cs”) stated herein.
2.1 Authorised User(s)
Unless otherwise stated or permitted by AFSB, the Customer shall nominate only ONE Authorised User per Services. The term “Customer” in these T&Cs shall also include, wherever applicable, its Authorised User(s). Each Customer may access, search, browse and view the Services.
2.2 Restrictions on Use of Services
Except as expressly stated in these T&Cs or otherwise permitted in writing by AFSB, the Customer shall not: a) abridge, modify, translate or create any derivative work based on the Services; b) remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Services; or c) substantially or systematically reproduce, retain or redistribute the Services.
2.3 Intellectual Property Ownership
The Customer acknowledges that all rights, titles and interests in and to the Services remain with AFSB, except as expressly set forth in these T&Cs, and that the unauthorised redistribution of the Services could materially harm AFSB. All of AFSB’s information, data, software, functionality and services are proprietary and protected by copyright laws and other intellectual property laws.
2.4 Names and Marks
The Customer shall not use any of AFSB’s or its affiliates’ trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are identified with the Customer, or that the Customer is associated with or licensed by AFSB or its affiliates to use such names or marks, and the Customer acknowledges that it has no proprietary rights in or to any of these names or marks. Neither party may use the trademarks, trade names or service marks of the other party in marketing materials, other than in a list of customers, without the other party’s written consent.
SECTION 3: AFSB’S PERFORMANCE OBLIGATIONS
3.1 Access to Services
AFSB shall make the Services accessible to the Customer via the Internet address at www.imfan.com.my
3.2 Quality of Service
AFSB will use reasonable efforts to provide the Services with a quality consistent with industry standards, and the Customer agrees and declares that THE SERVICES ARE PROVIDED ON “AS IS BASIS” AND AFSB EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITH REGARD TO THE SERVICES AND ANY OTHER DATA, DOCUMENTATION OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Withdrawal of Content
AFSB reserves the right to withdraw, amend and change the contents of the Services without prior notice to the Customer.
3.4 Usage Data Reports
AFSB has the right to monitor the Customer’s usage activity, accessible online for the purpose of usage analysis of the Customer.
SECTION 4: CUSTOMER’S PERFORMANCE OBLIGATIONS
Access to the Services will be authenticated by the use of Internet Protocol (“IP”) address(es) and/or usernames and passwords.
4.2 Protection from Unauthorised Access and Use
The Customer will use reasonable efforts to:
• limit access to and use of the Services to its Authorised User(s) and notify all Authorised User(s) of the usage restrictions set forth in these T&C and that they must comply with such restrictions;
• issue any passwords or credentials used to access the Services only to its Authorised User(s), not divulge any passwords or credentials to any third party, and notify all Authorised User(s) not to divulge any passwords or credentials to any third party; and
• promptly, upon becoming aware of any unauthorised use of the Services, inform AFSB and take appropriate steps to end such activity and prevent any recurrence.
4.3 In the event of any unauthorised use of the Services, AFSB may suspend the access and/or require that the Customer suspend the access from where the unauthorised use occurred, upon notice to the Customer.
SECTION 5: GENERAL
5.1 Force Majeure
AFSB’s delay or failure to perform any provision of the Services and any terms of these T&Cs as a result of circumstances beyond its control (including but not limited to war, strikes, fires, floods, power failures, telecommunications or internet failures or damage to or destruction of any network facilities or servers or unauthorised access to or breach of our server and network facilities) will not be deemed as breach of these T&Cs by AFSB.
The invalidity or unenforceability of any provision of these T&Cs will not affect any other provisions of the T&Cs.
5.3 Entire Agreement
These T&Cs contain the entire understanding and agreement of the parties, and replace and supersede any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
AFSB may modify these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant law and regulatory requirements and changes in our IMFAN Platform. If AFSB do so AFSB will notify the Customer by e-mail to the e-mail address of the Customer, however AFSB is not obliged to, and such modification shall be effective upon posting of the revised Terms and Conditions on IMFAN Platform. The Customer agree to be bound by any changes to the Terms and Conditions when the Customer use the IMFAN Platform after any such modification is posted on the IMFAN Platform. It is therefore important that the Customer review these Terms and Conditions regularly to ensure the Customer is updated to any changes.
The Customer will not assign, transfer or license any of its rights or obligations in respect of the Services unless it obtains the prior written consent of AFSB, the consent of which will not be unreasonably withheld.
All notices given will be in writing and delivered to the party online at AFSB’s prescribed website, or in any other permissible manner at the postal address or electronic mail address provided by the Customer. The Customer agrees to send all notices to AFSB at [email protected].
The Customer and its employees, officers, directors and agents will maintain as confidential and not disclose to any non-affiliated third party, without AFSB’s prior written consent or except as required by law, the financial terms and commercial conditions of these T&Cs.
5.9 No Partnership
Nothing in these T&Cs shall create or be deemed to create a partnership or the relationship of principal and agent between the parties, and the Customer shall have no authority to buy or to make any representation or warranty on AFSB’s behalf.
5.10 Governing Law and Venue
These T&Cs will be governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles, and the parties irrevocably consent to the exclusive jurisdiction of the courts of Malaysia with respect to any action or suit arising out of or pertaining to these T&Cs.
SECTION 6: LIMITATION OF LIABILITY
THE CUSTOMER AGREE THAT UNDER NO CIRCUMSTANCES SHALL AFSB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTAIL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF THE CUSTOMER’S USE OF THE IMFAN PLATFORM. IN NO EVENT SHALL AFSB’S CUMULATIVE LIABILITY TO THE CUSTOMER EXCEED THE TOTAL PURCHASE PRICE OF PRODUCT THAT THE CUSTOMER PURCHASED FROM IMFAN PLATFORM.