eShop - General Terms and Conditions
These General Terms and Conditions ("Terms and Conditions") sets out the terms and conditions of use of various bundled products and services provided through the eShop ("Services") by Webvisions, a division of ICONZ-Webvisions group of companies to you ("Customer") at www.webvisions.com ("website"). In the event of conflict between the terms and conditions herein and that specifically provided under the relevant services, the latter shall prevail.
- General and Specific Terms
By subscribing for specific services provided via the eShop Service, you also agree to be bound by the terms and conditions governing such services as follows:
The General and Specific Terms referred to above at Clauses 1 and 2 shall collectively be referred to as "this Agreement".
Webvisions reserves the right to modify, enhance and withdraw all or part of the Services, its Policies and these Terms & Conditions. In the event of any such change, Webvisions shall provide a general notice on our website and changes will become effective upon publication.
- Account Terms Overview
You are responsible for using the Services in a private and secure manner. Webvisions is not liable for any damage or loss due to unauthorized account access resulting from your actions, including without limitation to not logging out of the Services or sharing your account password. Webvisions is entitled to refuse registration or cancel an account at its sole discretion at any time. You may not (a) use the Services for any illegal activity or to violate any relevant laws; (b) use the Services to distribute unsolicited email ("spam") or malicious content such as viruses or worms; (c) exploit the Services to access unauthorized information. Abuse or excessively frequent requests to the Webvisions website or other Services may result in the temporary or permanent suspension of your account's access to the Services. Webvisions, at its sole discretion, will determine abuse or excessive usage. Webvisions will make a reasonable attempt via email to warn the account owner prior to suspension. Webvisions owns all intellectual property rights comprised in the Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Services owned by Webvisions.
- User Conduct and Submissions
Webvisions cannot control all Content posted by third parties to the Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Webvisions be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact email@example.com.
By accessing the Services, including our website and other user interfaces, you agree to use the Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services. You also agree not to interfere with the servers or networks connected to any portions of the Services or to violate any of the procedures, policies or regulations of networks connected to the Services. You also agree not to impersonate any other person while using the Services, conduct yourself in a vulgar or offensive manner while using the Services, or use the Services for any unlawful purpose.
- Payment and Fees
To access any of our Services, you must have access to the Internet and must create a eShop account. You also agree to the following:
- To use a valid credit card pay for subscriptions.
- To pay in advance for the Services provided at such rates as are set out on our website at http://www.webvisions.com.my
- That we reserve the right to change our fees at any time and that in the event of such change, we shall provide a notice on our website and changes will become effective upon such publication.
- All prices are stated in Malaysia dollars and include GST in all transactions as required by Malaysia law.
- Except as expressly set out, all payments made by you are non-refundable whether in whole or in part once the Services have commenced whether or not they have been fully used or not.
- All invoices and renewal notices will be emailed to your last email address on record with us. It is your responsibility to maintain a valid contact email address to receive these notices. You may update your contact details by logging in to your account on our website.
- For annual subscribers, you will be notified via email 50 days prior to the expiry date of your Services that it is due for renewal. We are not responsible for ensuring these emails are received by you.
- If payment is not received within 7 days after expiration of the previous subscription and hence the Services are not renewed, your Services will be suspended and will remain suspended until renewal payment is received.
- If you elect to renew on an annual subscription basis, payment must be made on or before the anniversary date of your first payment of the previous subscription.
- For charge back by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by you in connection with the Services, your Services may be suspended without notice and a chargeback fee of SGD100 will apply.
- Cancellation and Termination
You may at any time, cancel your paid subscription. Services can either be cancelled by non-payment of fees upon renewal or by notification via e-mail to firstname.lastname@example.org. Upon cancellation for whatever reason, no refunds will be made in respect of any unused Services. For Services that are suspended due to non-payment of renewal fees, such Services will be terminated and the data contained in the eShop account be deleted, if no renewal payment is received within 65 days from expiry of the previous subscription. You may terminate your eShop account and delete all Content by selecting "Delete Profile" option in your eShop account. Your subscription will be cancelled during account termination. No refunds shall be made for early cancellation of Service(s).
- Features and Functionality
The Services include an online shopping cart that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time.
- Social Media
For members in certain countries, some of the Services, such as our online shopping cart, can be added to your page on social media networks, such as Facebook. BY CONNECTING YOUR eSHOP ACCOUNT TO ANY OF YOUR ANY SOCIAL MEDIA NETWORK ACCOUNT AND/OR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO SUCH SOCIAL MEDIA NETWORK AND FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA NETWORK AND FACEBOOK AND YOUR ACCOUNT SETTINGS ON WEBVISIONS.COM) AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF USE IN RELATION TO THESE OTHER SOCIAL MEDIA NETWORK AND FACEBOOK AS SET OUT THEREIN. IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE SOCIAL MEDIA NETWORK AND FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms and Conditions.
- Identify Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your eShop account, maintaining the confidentiality of your account and password and for restricting access to your eShop account. If you disclose your password to anyone or share your account with other people, you are fully responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an eShop account, you should notify us at email@example.com all your card issuers, and your local law enforcement agency. Always access your sensitive account information by going directly to the Webvisions website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Webvisions reserves the right to suspend any account anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Webvisions is not obligated to credit or discount a membership for suspension of account due to such reason.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, WEBVISIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY STATUTE, AT COMMON LAW OR OTHERWISE WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION, THE SERVICES, ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE, USE OR QUALITY OF THE SERVICES. WEBVISIONS DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE GOODS AND SERVICES PROVIDED HEREUNDER OR THAT THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR FREE AND VIRUS FREE AND ACCOUNT OWNER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
- Disclaimer of Liability/Indemnity
To the maximum extent permitted by applicable laws and save for personal injury and death caused by our own negligence, we (including all of our subsidiaries, affiliates, officers, directors, agents, employees and licensors) will not be liable to you or any third party for any loss or damage, including without limitation any indirect, incidental, consequential, special, punitive or exemplary loss or damage or for any loss of use, loss of data, profit, goodwill, revenue, business or other intangible loss whatsoever and howsoever caused whether arising out of any negligence or breach of this Agreement or otherwise even if that loss or damage was foreseeable by, or the possibility of it was brought to our attention. We will specifically not be responsible for loss resulting from (i) your use or your inability to access and use our website (including its contents) and our Services, loss, corruption or unauthorized acquisition and use of personal information transferred to this website or any damages resulting therefrom (ii) breach of the security procedure in respect of your personal information; (ii) the cost of obtaining substitute Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party relating to the services; or (v) any other matter relating to the Services.
To the maximum extent permitted by applicable laws and save for personal injury and death caused by our own negligence, if we are liable for any claim, our liability shall not exceed a total amount equal to 12 months fees paid for the Services.
To the maximum extent permitted by applicable laws, you shall indemnify and hold us (including all of our subsidiaries, affiliates, officers, directors, partners, agents, employees and licensors), harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever which we or them may sustain, incur, suffer, or pay arising out of, in connection with or pursuant to this Agreement and the access and use of our website and the Services by you or any act or omission on your part thereof, in particular in relation to any breach and/or non-compliance by you of the terms and conditions herein.
- Intellectual Property and Copyright
You agree and acknowledge that all Intellectual Property Rights and other rights in the Services, including but not limited to the Equipment and the Software are either owned by or licensed to Webvisions. You agree not to use the name, brand, logo or trademarks or copyright of Webvisions or its affiliated or related companies without prior written consent of Webvisions and not to take action or be associated with any activity that may interfere with or diminish Webvisions' or its affiliated companies rights, titles and or interest in any of the trademarks or the copyright. In the event legal proceedings are taken out against Webvisions as a result of your unauthorized use of any name, brand, logo or trademark or copyright, then you shall fully indemnify Webvisions against all costs incurred for such claim including without limitation, legal costs (on a fully indemnity basis).
- Use of Information Submitted
Webvisions is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including without limitation, responses to questionnaires or through postings to the Products and Services, the Webvisions website and user interfaces ("Feedback"), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By submitting or posting any Feedback to us or on our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note Webvisions does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Webvisions. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Webvisions and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
- Service Testing
From time to time, we test various aspects of our Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
- Links and Pages
- Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore and it is agreed to be bound by the non-exclusive jurisdiction of the Singapore courts.