TERM OF USE

Welcome to the https://witfulex.com/ website, a site (this “Website”) owned by WITFULEX SDN. BHD. (“WSB”). The following terms and conditions set out in these Terms of Use apply to your access and use of this Website. Please read these Terms of Use carefully. If you do not accept these Terms of Use, please discontinue your access to this Website and/or use of the services immediately.

The material, functions, information and content provided in this Website may be changed from time to time with or without notice at WSB's absolute discretion. It is your responsibility to periodically review these Terms of Use. Your continued access or use of this Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity and WSB concerning your access and in relation to your use of this Website and/or the services provided herein.

1.0	USER REGISTRATION
1.1	A simple registration process would need to be completed where you will be required to key in your email address as Login ID and create your own password for the creation of an account with this Website by providing a true, accurate, current and complete information about yourself.
1.2	You shall be solely responsible for maintaining the confidentiality of your Login ID and password, and you agree to accept responsibility for all activities that occur under your account or password whether or not authorised by you and you shall immediately notify WSB if it comes to your knowledge that your login name and/or password has been compromised or there has been unauthorised use of your account, together with sufficient documentation on such an unauthorised use.
1.3	WSB shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorised use of your login name and/or password. WSB reserves the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, too similar with another user or otherwise objectionable.

2.0	TERMINATION, SUSPENSION AND CONTROL OF ACCOUNT
2.1	WSB reserves the right at its whole and exclusive discretion to refuse service, terminate and/or suspend accounts, remove or edit the content, or cancel orders at its sole discretion at any time if:- you breach any of these Terms of Use; there is suspected forgery or fraud or there has been a forgery or fraud reported or committed involving your account; there is a dispute as to the ownership of your account; there has been any misrepresentation or any other abuse of your account; you disparage, tarnish, or otherwise harm WSB and/or this Website, in WSB’s opinion; you behave in a way that is not consistent with the values of WSB including but not limited to misusing the terms herein to claim a refund; and you use this website in a manner inconsistent with any applicable laws or regulations.
2.2	You further agree that WSB shall not be liable to you or to any other person as a result of any such termination, suspension of account, refusal of service, cancelation of order and removal of content.

2.0

TERMINATION, SUSPENSION AND CONTROL OF ACCOUNT

2.1

WSB reserves the right at its whole and exclusive discretion to refuse service, terminate and/or suspend accounts, remove or edit the content, or cancel orders at its sole discretion at any time if:-

you breach any of these Terms of Use;
there is suspected forgery or fraud or there has been a forgery or fraud reported or committed involving your account;
there is a dispute as to the ownership of your account;
there has been any misrepresentation or any other abuse of your account;
you disparage, tarnish, or otherwise harm WSB and/or this Website, in WSB’s opinion;
you behave in a way that is not consistent with the values of WSB including but not limited to misusing the terms herein to claim a refund; and
you use this website in a manner inconsistent with any applicable laws or regulations.

2.2

You further agree that WSB shall not be liable to you or to any other person as a result of any such termination, suspension of account, refusal of service, cancelation of order and removal of content.

3.0	DISCLAIMER OF WARRANTIES AND LIABILITY
3.1	You expressly understand and agree that your access in relation to your use of this Website and/or the services provided herein are at your sole risk. The materials and information in this Website, including but not limited to the Product description, information, data, text, graphics, audio, video, links or other items (hereinafter collectively referred to as “Materials and Information”), are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
3.2	WSB shall use its reasonable efforts to ensure the accuracy and validity of the materials and information made available on this Website but most if not all details are provided by WSB’s merchants and any User should complaint directly to the relevant merchant. WSB does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of completeness, accuracy usefulness, reliability, fitness for a particular purpose in respect of this Website, the material and information and/or functions therein and expressly disclaims liability for errors and omissions in such materials and information and/or functions.
3.3	You accept the inherent security risks of providing information and dealing online over the internet and agree that WSB has no liability or responsibility of any breach of security arising from the act of any third parties.
3.4	WSB will not be responsible or liable to you or any losses you incur arising from:- user error, such as forgotten passwords or incorrectly construed transactions; server or system failure, error, omission, interruption, delay in transmission or data loss; any access, use and/or inability to use this Website; reliance on any data or information made available through this Website. You should not act on such data or information without first independently verifying its contents; and any cause over which WSB has no control including unauthorized access or activities by any third party, viruses and/or any form of cyber-attack against the Site, forgery and fraud.

4.0	CONDUCT
4.1	Your access and use of this Website shall at all times be in accordance with all rules, regulations, laws and legislation governing the same and any guidelines and policies of WSB pertaining thereto. You shall not conduct yourself in a way which: disrupts the access and use of this Website and the products and services provided hereunder by others; disrupts the provision of this Website and the products and services by WSB and its partners; adversely affects the rights of WSB, its partners or any other persons; gives rise to civil liability or constitutes a criminal offence; is objectional to public morals and decency, or otherwise misuse in any way, this Website, its contents and the services provided hereunder. Neither shall you assist or enable others to perform or carry out the acts as above mentioned.

4.0

CONDUCT

4.1

Your access and use of this Website shall at all times be in accordance with all rules, regulations, laws and legislation governing the same and any guidelines and policies of WSB pertaining thereto. You shall not conduct yourself in a way which:

disrupts the access and use of this Website and the products and services provided hereunder by others;
disrupts the provision of this Website and the products and services by WSB and its partners;
adversely affects the rights of WSB, its partners or any other persons;
gives rise to civil liability or constitutes a criminal offence;
is objectional to public morals and decency,

or otherwise misuse in any way, this Website, its contents and the services provided hereunder. Neither shall you assist or enable others to perform or carry out the acts as above mentioned.

5.0	RETURN AND/OR REFUND POLICY
5.1	For services rendered, there is no refund policy, unless expressly approved by WSB in writing from a case to case basis.

6.0	COPYRIGHT AND TRADEMARKS
6.1	All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by WSB and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of WSB and is protected by copyright laws.
6.2	Unless the prior written consent of WSB and/or the relevant third-party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos.
6.3	Similarly, unless the prior written consent of WSB and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by WSB.

7.0	LICENSE AND WEBSITE ACCESS
7.1	WSB grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WSB.
7.2	This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WSB.
7.3	You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WSB and/or its relevant third-party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing WSB 's name or trademarks without the express written consent of WSB.

8.0	EXCLUSION OF LIABILITY
8.1	WSB shall not in any event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from this Website), reliance on the information contained on this Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.

8.0

EXCLUSION OF LIABILITY

8.1

WSB shall not in any event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from this Website), reliance on the information contained on this Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.

9.0	INDEMNITY
9.1	You hereby irrevocably agree to indemnify and keep indemnified WSB and its participating strategic partners from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by WSB and its participating strategic partners in connection with or arising from: your misuse of this Website and the services provided herein; and/or your breach of these Terms of Use howsoever occasioned; and/or any intellectual property right or proprietary right infringement claim made by a third party against WSB in connection with your use of this Website.

9.0

INDEMNITY

9.1

You hereby irrevocably agree to indemnify and keep indemnified WSB and its participating strategic partners from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by WSB and its participating strategic partners in connection with or arising from:

your misuse of this Website and the services provided herein; and/or
your breach of these Terms of Use howsoever occasioned; and/or
any intellectual property right or proprietary right infringement claim made by a third party against WSB in connection with your use of this Website.

10.0	COMMUNICATIONS
10.1	We will communicate with you by e-mail and/or by posting notices on this Website and/or through the inbox function on this Website.
10.2	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.

11.0	PRIVACY
11.1	Your privacy is very important to us. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Website.
11.2	By using the Website, you: consent to our collection, use, disclosure and/or processing of your Content, personal data as described in the Privacy Policy; agree and acknowledge that the proprietary rights of your Information are jointly owned by you and WSB Marketing Sdn Bhd; and shall not, whether directly or indirectly, disclose your Information to any third party, or otherwise allow any third party to access or use your Information, without our prior written consent.

11.0

PRIVACY

11.1

Your privacy is very important to us. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Website.

11.2

By using the Website, you:

consent to our collection, use, disclosure and/or processing of your Content, personal data as described in the Privacy Policy;
agree and acknowledge that the proprietary rights of your Information are jointly owned by you and WSB Marketing Sdn Bhd; and
shall not, whether directly or indirectly, disclose your Information to any third party, or otherwise allow any third party to access or use your Information, without our prior written consent.

12.0	WAIVER
16.1	The failure of WSB to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

13.0	MODIFICATION AND SEVERABILITY
13.1	WSB reserves the right to make changes to this Website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.

14.0	LAW AND JURISDICTION
14.1	These Terms of Use are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by WSB, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.

I HAVE READ THIS TERM OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CONTINUING TO USE THIS APP, I UNDERSTAND THAT I AM TO BE BOUND BY THIS TERMS OF USE AND ANY OTHER AMENDMENTS TO THIS TERM OF USE FROM TIME TO TIME.