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
4.1 Authentication
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.
5.2 Severability
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.
5.4 Modification
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.
5.5 Assignment
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.
5.6 Privacy
AFSB will not, without the prior written consent of the Customer,
transfer any personal information of any Customer to any non-affiliated third
party or use it for any purpose other than as described in these T&Cs and
in the online privacy policy for the relevant online service, provided always
that the Customer agrees and recognises that AFSB may have to perform a due
diligence on the Customer to comply with data security, or regulatory laws and
audits and any sub-contractor appointed to carry out any part of the Services.
5.7 Notices
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].
5.8 Confidentiality
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.