- Disclaimer and Limitation of Liability
The information, materials and services contained on this site are provided to you on a "as is", and "as available" basis. We do not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. www.1legkick.com shall endeavour its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this Web Site, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.
Unless otherwise specified, we disclaim all representations and warranties whether express, implied or statutory. We do not warrant, guarantee or make any representation regarding the security of accounts, or that this site is free form destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
Unless otherwise specified, we disclaim liability for any damages including, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
use of this site, or inability to see this site by any party; or
any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
line or system failure or the introduction of a computer virus, or other technical sabotage.
any fraud, misrepresentation arise due to the system failure and unauthorised manipulation by any party
- Membership Registration
By submitting your registration to us via this website you are representing that you are the true and legal owner of all such materials and you are at least 18 years old. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement.
- Registration Obligation for all users
Provide true, accurate, current and complete information about yourself as prompted by the Registration form.
Maintain and promptly update the Registration data to keep it true, accurate, current & complete.
All users must use a confidential password. You shall maintain the confidentiality of any identification number, PIN or password provided. You shall immediately notify 1legkick of any unauthorised use of these Identifiers, or any other breach of security by writing or via email to email@example.com You are fully responsible for all activities that occur under these Identifiers. 1legkick is not responsible for any misuse of your account by someone who uses your Identifiers.
All users are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. 1legkick will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this any terms stated herein.
- Intellectual Property
Unless otherwise indicated, all Web Site design, text and graphics, content and any other not specifically mentioned herein is Copyright.
All Rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by 1legkick.
1legkick shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
This Web Site may contain website links to other Internet Sites including, without limitation, i.e. other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Web Sites. By accessing to our website, you shall deemed to accept the contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledged and agreed that we shall not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you shall address them directly with the relevant site administrator.
You agree to indemnify 1legkick, and its shareholders, subsidiaries, affiliates, directors, officers, agents, or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
- any transaction made on the Site, or any dispute in relation to the transaction
- your violation or breach of any term of these Terms & Conditions or any policy referenced herein,
- your use or misuse of the Services whether legitimate or illegitimate,
- your breach of any law or any rights of a third party.
- Dispute Resolution
- No Unlawful or Prohibited Use
You shall comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web Site for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:
Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, vulgar, obscene, libellous, invasive of anothers' privacy, hateful, or racially, ethnically or otherwise objectionable.
Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Not to collect or store personal data about other users.
Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.
Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
- Governing Law
You agree that 1legkick, in its sole discretion, may terminate your password, account (or any other part thereof) or use of the service, and remove and discard any content within, for any reason, including, without limitation, for lack of use or if 1legkick believes that you have violated or acted inconsistently with the Terms & Conditions.
Users may terminate their Account if they notify 1legkick in writing (including via email at firstname.lastname@example.org with
standing any such termination, Users remain responsible and liable for the following act but not limited to:
- any incomplete transaction (whether commenced prior to or after such termination)
- shipment of the product,
- payment for the product
- any liability and/or damages arose out of user’s negligence and/or breach and/or misrepresentation and/or fraudulent act.
1legkick may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the Site any Content and/or comments and/or feedbacks associated with your Account, cancel any transactions associated with your Account and User ID, withhold and/or forfeit any sale proceeds or refunds, and/or take any other actions that 1legkick deems necessary. Grounds for such actions may include, but are not limited to,
(a) violation of these Terms of Service,
(b) illegal, fraudulent, misrepresentative, harassing, defamatory, threatening or abusive behaviour
(c) having multiple user accounts for illegitimate reasons which 1legkick deems illegitimate and exploitive in nature , or
(d) behaviour that is harmful to other Users, third parties, or the business interests of 1legkick. Use of an Account for illegal, fraudulent, misrepresentative, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
- Payment Method and Transaction matters
The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in 1legkick website.
Credit Card payment option is available for all users. 1legkick accepts all Visa and MasterCards, both Credit and Debit.
1legkick accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability.
1legkick accepts online banking transfer. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a 1legkick designated gateway account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. 1legkick, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
In the event your transaction does not go through and/or interrupted and/or failed, you shall notify 1legkick promptly within 24 hours to avoid any monetary loss and/or inconvenience caused. You are also estopped from claiming any loss and damages arise out of interrupted and/or failed transaction via any third party payment gateway.
- Cancellation, Return And Refund
No cancellation of sale is allowed after confirmation of sale in which the monies had been deposited to 1legkick’s designated gateway payment account.
Return of the purchased item and refund shall only be applied when it is made within guarantee period by seller and/or merchandisers. 1legkick shall only facilitate for merchandisers who provide return and refund policy or when items are not delivered to buyer due to the failure of merchandiser to execute the delivery. 1legkick shall not bear any responsibilities when items are lost due to third party ie courier service and any postal service.
1legkick reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into 1legkick’s designated gateway payment account.
15. Force Majeure
1legkick shall not be liable to the users or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of 1legkick's obligations if the delay or failure was due to any cause beyond 1legkick's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond 1legkick's reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes
- interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- power failure or breakdown in machinery.
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