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TERMS & CONDITIONS

Welcome to De Chatoyer.

The Terms and Conditions, Privacy Policy and all policies posted on De Chatoyer (www.dechatoyer.com) (“Site”) set out the terms on which we offer you access to and use of the Site and related services (collectively, “Services”). The Privacy Policy and all policies are incorporated into and form the Terms and Conditions (“Terms and Conditions”). By accessing the Site and using the Services, you are deemed to have read and agreed to be bound by the Terms and Conditions as well as other terms and conditions incorporated by reference and/or implication.

The Site and Services are currently operated by De Chatoyer Collective (Company No. CA0306120-X) (hereinafter “De Chatoyer”, “we”, “our” or “us”).

We may amend the Terms and Conditions from time-to-time for legal and/or regulatory reasons, or to ensure the proper and smooth operation of the Site and Services. Any amendments to the Terms and Conditions shall be made available on the Site.

De Chatoyer User Account

To access and use some of the Services, you may need to register with us and set up a De Chatoyer user account. Registering and setting up a De Chatoyer account is free of charge. You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your account. Your personal details shall not be publicly displayed on the Site.

You may register and access the Services with a third-party service (e.g. Facebook). By doing so, you are deemed to have given us permission to access, store, and use your information from that service, but only to the extent permitted by said service.

Services and Fees

Registering and setting up an account with De Chatoyer is free. However, we do charge a fee for certain Services. If the Service you use incurs a fee, you will be able to review and accept that charge before purchase. We may change our fees for our services from time-to-time. Any changes to our fees shall be made available on the Site.

We reserve the right to temporarily change the fees for our Services for promotional events (e.g. free delivery promotions) and such changes are only effective when we post the temporary promotional event on the Site.

We may, in our sole discretion, change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise stated, all fees are quoted in RM (Ringgit Malaysia).

Your Responsibilities

You are personally responsible for your use of the Site and/or Services.

You use the Site and/or the Services at your own risk.

You shall use the Services in accordance with the Terms and Conditions and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).

Links To Third Party Websites

The Site may contain links and/or references to other websites (“Third Party Websites”).

We shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Third Party Websites are not investigated, monitored or checked for accuracy or completeness by us.

Any inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by us.

In the event you decide to leave the Site and access Third Party Sites, you do so at your own risk.

Intellectual Property

Copyright:

All content, organisation, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Malaysian Copyright Act 1987.

Subject to the exceptions stated in the Terms and Conditions, you are strictly prohibited from carrying out any of the following acts without the prior written consent of De Chatoyer:

i) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and

ii) transferring and/or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from De Chatoyer or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.

No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for your personal use only. You further agree that you will not infringe De Chatoyer’s copyright by any method or manner now known or as may exist in the future.

De Chatoyer takes a serious view of intellectual property right infringement and reserves the right to take action including commencing legal proceedings against any person for such infringement. De Chatoyer enforces its intellectual property rights to the fullest extent of the law.

Domain Name: The domain name on which the Site is hosted on is the sole property of De Chatoyer and you may not use or otherwise adopt a similar name for your own use.

Trademark: The De Chatoyer name, marks and logos are trademarks of De Chatoyer. Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.

Privacy

De Chatoyer collects information about you (“User Information”). De Chatoyer uses the User Information to administer the Site. Where demanded by law, De Chatoyer may provide User Information as provided by you to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

Save as aforesaid, your User Information shall not be disclosed or released by De Chatoyer to any third party without your prior written consent.

Termination and Suspension

De Chatoyer reserves the right to immediately suspend and/or terminate the Service to you without warning and/or notice for violation of any of the terms and conditions in the Terms and Conditions.

De Chatoyer reserves the right to, at our sole and absolute discretion, at any time reject, remove and/or suspend a user account. Our decision shall be final and we are not obliged to notify you of any decision or give reason thereof. 

No Warranty

De Chatoyer does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Site may be disrupted due to numerous factors outside of De Chatoyer's control. De Chatoyer shall not be liable for any loss, liability or damage which you may incur as a result.

The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law, De Chatoyer excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

Limitation of Liability

To the full extent allowed by applicable law, in no event shall De Chatoyer, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:

i) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

ii) any loss of goodwill or reputation;

iii) any special, indirect or consequential damage arising out of or in connection with the Terms and Conditions, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;

iv) any liability at common law; or

v) in any other way.

Subject to the limitation stated above, nothing in the Terms and Conditions shall be deemed to limit or exclude De Chatoyer’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the De Chatoyer’s negligence or the negligence of De Chatoyer’s agents or employees.

For avoidance of doubt, De Chatoyer is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

Indemnity

You agree and undertake to indemnify, hold harmless and defend De Chatoyer, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by De Chatoyer directly or indirectly, due to or arising out of your breach of the Terms and Conditions (including the documents incorporated by reference), or arising out of your violation of any law or the rights of a third party.

In the event that you have a dispute, claim and/or action against one or more other users, you hereby agree to release De Chatoyer, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the exclusive jurisdiction of Malaysian courts.

General Provisions

Any person who is not a party to the Terms and Conditions does not have any right to enforce any of the terms and conditions contained herein.

If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

You agree that the Terms and Conditions and all incorporated policies may be automatically assigned by De Chatoyer, in its sole discretion, to a third party in the event of a merger or acquisition.

You and De Chatoyer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms and Conditions.


Failure of De Chatoyer to act with respect to a breach by you or other users shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.