TERMS OF USE


Welcome to www.zeyeable.com.my.


In order to ensure that you enjoy the features of the website at www.zeyeable.com.my (“Site”), we herewith set our guidelines. In the Terms of Use, you will find details in our policies and regulations and they are applicable to this website. By visiting this site, you agree to be bounded by the clauses stated in the Terms and Conditions.


We suggest you to read them carefully. We highly encourage you to visit this page regularly to make note of the latest changes we have made to our Terms and Conditions.


DEFINITIONS

  1. You” means the user visiting the Site.

  2. We” and “us” means Zeye Able Sdn Bhd (Company No: 896948-T);

  3. Services” means services, information and/or functions on the Site;

  4. Product” means a product available on the Site;

  5. Users” means the individual who visits the Site;

  6. Business Day” shall refer to the day excluding Saturday, Sunday, public holiday or the day replacing a public holiday in the Federal Territory of Kuala Lumpur and/or Selangor;

1. AGREEMENT TO TERMS OF USE: By entering this Site, you acknowledge and agree to the terms and conditions of the Terms of Use. If you do not agree to these Terms of Use, please do not use this site. The Terms of Use apply to all pages of the Site, unless explicitly stated otherwise on any particular page.

2. OWNERSHIP: This Site belongs to Zeye Able Sdn Bhd (Company No: 896948-T), a company incorporated in Malaysia which resgistered office is at B-6-22 Ativo Plaza, No.1 Jln PJU 9/1 Damansara Avenue, Bandar Sri Damansara, 52200 Kuala Lumpur.


3. COPYRIGHT AND INTELLECTUAL PROPERTY: The Site and all content including but not limited to the design, layout, appearance and graphics (“the Product Materials”) is protected by copyright and no portion thereof whether in part or as a whole shall be used or to be reproduced without our express written consent. Unless prior written consent has been obtained, the user shall not remove or alter the trade marks, logos, copyright notices, serial numbers labels, tags or other identifying marks, symbols or legends affixed to any Products. The User agrees and acknowledges that the Product Materials shall remain our property or our licensors. The User further agrees that any and all intellectual property embodied in or relating to the Product Materials shall remain our sole and exclusive property or our licensors.


4. NO ENTRY: If you are not of legal age and / or not legally permitted to purchase alcohol in the jurisdiction in which you reside and in the jurisdiction in which you are accessing the Site, you are not allowed to use the Site.


5. USE OF INFORMATION, NO CONFIDENTIALITY: By entering this Site, you acknowledge and agree that any communication or material you transmit to this Site, in any manner and for any reason, will not be treated as confidentiality or proprietary. In addition, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, system, designs, plans, charts or other materials you submit to us through this site will become and remain our property and therefore may be used by us anywhere, anytime and for any reason whatsoever, without notice, compensation, or any other obligations to you or any other person.


6. LIMITATION OF LIBILITY

6.1 No representations or warranties:-

The Site and the materials provided are on “as is” and “as available” basis. All data and/or information contained on the Site are provided for information purposes only. No representations or warranties of any kind implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with this Site. Without prejudice to the generality of the foregoing, we do not warrant:

  1. The accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in this Site or the Products;

  2. The Site or that any of the Products will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

  3. That the Site or Products are free from any computer virus or other malicious, destructive or corrupting code, agent, programme or macros; and

  4. The security of any information transmitted by you or to you through the Site or the Products, and you accept the risk that any information transmitted or received through the Site may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Exclusion of liability: We shall not be liable to you for any losses whatsoever or howsoever arising or indirectly in connection with:-

  1. Any access, use and/or inability to use the Site or our Services;

  2. Reliance on any data or information made available through the Site and/or through the Services. You should not act on such data or information without first independently verifying its contents;

  3. Any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, programme or macros, and;

  4. Any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Site is entirely at your own risk and we shall not be liable. ​​​​​​​

7. PERSONAL DATA PROTECTION: Please refer to our Privacy Policy.


8. ADVERTISING: We may attach banners, java applets and/or such other materials to the Site for the purpose of advertising our Products and Services. For avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of such advertising or other promotional activities.


9. FORCE MAJEURE: We shall not be liable to you for any breach, hindrance or delay in the performance of Contract attributable to any cause beyond our reasonable control, including without limitation to any natural disaster and unavoidable incident, actions of third parties (including without limitation to hackers, suppliers, governments, quasi-governmental, supra national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.


10: REVISION OF THIS PAGE: We reserve the right to revise, without notice, this legal information at any time and for any reason and reserves the right to make changes at any time, without notice, to any of the information contained on this Site. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of this Site to review these terms.



11. GENERAL

11.1 Right to subcontract: we shall be entitled to delegate and/or subcontract any rights or obligations under these Terms and Conditions to any of our designated service providers, subcontractors and/or agents;

11.2 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions, the provisions of these Terms & Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies which we may have in law or in equity. No exercise by us of any one right or remedy under these Terms & Conditions, in law or at equity shall (save to the extent, if any, provided expressly in these Terms & Conditions in law or at equity) operate so as to hinder or prevent our exercise of any other such right or remedy as in law or at equity.

11.3 No waiver: our failure to enforce these Terms & Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.

11.4 Severability: If at any time any provision of these Terms & Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected or impaired hereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions.

11.5 A person or entity who is not a party to these Terms & Conditions shall have no right under the Contracts Act.

11.6 The Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and you hereby submit to the exclusive jurisdiction of the Malaysia courts.

11.7 Amendments: We may by notice issued through the Site or by such other method of notification as we may in our absolute discretion deem fit vary the terms and conditions of these Terms & Conditions, such variation to take effect on the date we specify through the above means. If you use the Site or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Site and the Services and terminate the Terms & Conditions. Our right to vary these Terms & Conditions in the manner as aforesaid will be exercised either via the portal or such other means as we prescribe and subject to the foregoing, our right may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions. The version of Terms & Conditions applicable to any particular Order is the latest version in force.

11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.

11.9 Entire Agreement: These Terms & Conditions shall constitute the entire agreement between you and the Company relating to the subject matter hereof and supersedes and cancels in full all previous understandings, communications and/or agreements with respect to the subject matter hereof.

11.10 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Site and Services shall be binding and conclusive on you for all intent and purpose and shall be conclusive evidence of any information and/or date transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.11 Subcontracting and delegation: We reserve the right to delegate or subcontract the performance of any of its functions in connection with the performance of our obligations under these Terms & Conditions and reserve the right to delegate or subcontract the performance of any of our functions in connection with the performance of our obligations under these Terms & Conditions and reserve the right to use any service providers, subcontractors and/or agents on such terms as we may deem appropriate.

11.12 You may not assign your rights under these Terms & Conditions without our prior written consent. We may assign its rights under these Terms & Conditions to any third party as we shall deem fit in our absolute discretion.


If you have any concerns about any materials on our site, please contact us by email to info@zeyeable.com.my