Terms and Conditions of Use of Eazyla.com
Welcome to Eazyla! Eazyla.com is owned and operated by Eazyla Marketing (PC0010322-K), a business registered in Malaysia. (hereinafter referred
to as "Eazyla")
Please read this terms and conditions of the usage of Eazyla.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 Eazyla.com website ("the Site") and your relationship with Eazyla.
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. Eazyla 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. Eazyla 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. AMENDMENTS
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 Eazyla 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 Eazyla 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 Eazyla 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. REGISTRATION
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 Eazyla has reason to believe that there is likely to be a breach
of security or misuse of the Site, Eazyla 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 Eazyla reserves the right to remove any kind of materials, which have
since been posted on the Site, without any prior notice.
7. Eazyla PRIVACY POLICY
7.1 Any data and information pertaining to the said registration submitted
by you shall subject to our privacy policy. For more information, please
see our Privacy Policy.
8. INDEMINITY
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. LINKS
9.1 The Services may provide, or third parties may provide, links to other
World Wide Web sites or resources. As Eazyla has no control over such sites
and resources you agree that linking to any other sites is at your sole
risk and Eazyla 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 Eazyla assumes no liability for any viruses or any other disabling
features that affect your access to or utilization of the Site.
10.3 Eazyla assumes no liability for any incompatibility between the Site
and other web sites, Services, software and hardware.
10.4 Eazyla 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 Eazyla 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 Eazyla assumes no liability for any modification, suspension or discontinuance
of the Site, the domain names or Services.
10.7 Eazyla assumes no liability for any oral or written information or
advice given by Eazyla or its directors, officers or employees or its representatives
nor shall you rely on any such information or advice.
10.8 Eazyla 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 Eazyla 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 Eazyla and Eazyla 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 Eazyla and the Site or such other intellectual properties of Eazyla.
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 Eazyla 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. MISCELLANEOUS
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
Eazyla disregards the same, Eazyla 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 Eazyla shall not be responsible for any breach of these Terms and
Conditions caused by circumstances beyond its control.
16.4 Eazyla 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 Nutzgo Enterprise and you hereby
waive any such right you may have at laws. Further, you and Eazyla 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.
