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TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website owned and
operated by Lurvee.com (“Lurvee.com ”),
identified by the URL Lurvee.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 Lurvee.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 Lurvee.com
governing your use of the Site. In addition,
when you use any current or future Lurvee.com
service(s), you also will be subject to the
guidelines and conditions applicable to such
service or business.
USE OF SITE
ACCESS
Lurvee.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 Lurvee.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 Lurvee.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 Lurvee.com and the
Site without Lurvee.com ’s prior express
written consent. You may not use meta tags or
any other "hidden text" utilising Lurvee.com
and the Site’s name or trademarks without the
prior written consent of Lurvee.com . Any
unauthorised use automatically terminates the
permission or license granted by Lurvee.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 Lurvee.com
logo, the Site logo or other proprietary graphic
or trade mark as part of the link without Lurvee.com
’s prior express written consent.
YOUR PARTICULARS
When you
register with Lurvee.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. Lurvee.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. Lurvee.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 Lurvee.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
Lurvee.com believes that you have breached
or acted inconsistently with or in disregard of
the letter or spirit of the Terms and
Conditions. Lurvee.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 Lurvee.com may
immediately bar any further access to the Site.
On the happening of any of the afore-going, you
agree that Lurvee.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 Lurvee.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 Lurvee.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, Lurvee.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 Lurvee.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY Lurvee.com ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Lurvee.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.
Lurvee.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. Lurvee.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. Lurvee.com DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM Lurvee.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. Lurvee.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 Lurvee.com OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL Lurvee.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 Lurvee.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 Lurvee.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 Lurvee.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 Lurvee.com
’s website.
WAIVER OF
CONDITIONS OF USE
The failure of Lurvee.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 Lurvee.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. Lurvee.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, Lurvee.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. Lurvee.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
Lurvee.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 Lurvee.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 Lurvee.com
are hereby reserved. “Lurvee.com",
"Lurvee.com " and related icons and
logos of Lurvee.com 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 Lurvee.com and govern your
use of the Site, superseding any prior
agreements between you and Lurvee.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 Lurvee.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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