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