Terms & Conditions
Terms & Conditions of ALTTIJARA
Part 1. General Rules
Clause 1 (Purpose)
The purpose of this Terms & Conditions (this "Agreement") is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the "Services") provided by ALTTIJARA (http://www.alttijara.com/; hereinafter "ALTTIJARA") operated by Anise Asia Cloud Sdn. Bhd. (the "Company").
Clause 2 (Definition)
1. The following terms shall have the following respective meanings:
"ALTTIJARA (www.alttijara.com)" means the website existing for the real-time e-commerce system and its operation which is provided by the Company for transaction of goods and services (the "Products").
"User" means Members and Non-members who are granted the Services provided by the Company in accordance with this Agreement.
"Member" means any individual or business who has registered himself/ herself/ itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company. The Members consist of the General Members and Merchant Members as follows:
"General Member (Purchasing Customers)"
means any member who is entitled to use the Services provided by ALTTIJARA for
the purchase of the Products and other purchases.
"Customer": anyone of the age of 18 or more is eligible to register as Member for the sole purpose of purchasing (including foreigners residing in Malaysia). If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.
"Merchant Member (Purchase and Sale Customers)" means any Member who is not only entitled to purchase the Products and use the related Services on ALTTIJARA and but also use the Services described in the Corporate Merchant Members Agreement (the "Sale and User agreement"). The Merchant Members consist of Individual Merchant Members, Business Merchant Members and Global Merchant Members.
"Individual Merchant Member" means any member who is eligible to sell and purchase personal products for non-business purposes
"Business Merchant Member" means any member who is eligible to purchase and sell products as a company based on the company registration certificate.
"Global Merchant Member" means any member who is eligible to purchase and sell products as a foreigner or overseas company.
"Non-Member" means any person who uses the Services provided by the Company without having registered itself as the Member.
"ID" means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.
"Password" means any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
"Operator" means any person selected by the Company for the purpose of carrying out smooth operation and overall management of the Services provided by the Company.
"Customer" means any User who purchases the Products of the Merchant registered with the Company. The right to purchase is granted to both the General Members and Merchant Members and Non-Member.
"Merchant" means any Member who has registered the Products with the Company using the form of the Products advertisement provided by the Company for the purpose of selling the Products, which right is granted to the Merchant Members.
"Member Rating" means a rating given to each Member by the Company based on certain criteria according to the result of the Member's use of the Services.
"Product Review" means any writing, image, clip, etc., containing a comprehensive review of the Products posted after the purchase of the Products.
"Purchase Finalization Period" means the period during which the Customer is required to express its intent to finalize its purchase (confirmation of its purchase, return or exchange), which expires on the 7th day from the date of receipt of the products or for products that the Company is unable to confirm receipt thereof (such as products to be installed on-site), the 5th day following the request for receipt confirmation that is sent by the Company to the Customer after 15 days from the shipping date.
"Personal Identity Verification" means the act of confirming whether the following information, in each case, matches the information recorded at the time the relevant Member became a Member (i) in case of Individual Customer Member and/ or Individual Merchant Member the personal identity to be verified through email authentication (The Individual Merchant Member may be required to go through additional verification in accordance with separate means as provided by the Company), and (ii) in case of business merchant or global merchant member, the corporate name of the company, the business enterprise registration number, and further confirms the mandatory items specified in Clause 6 hereof.
"Business Day" means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Selangor.
"Payment Protection Services" means the Services provided by the Company whereby the payment made by the Customer is deposited for a fixed period of time in order to protect such payment.
"Secure Transaction Centre" means an organization established in order to mediate various problems which may arise in connection with the transaction security while using the Services.
"Dispute Resolution Centre" means an organization established and managed by the Company to enable a reasonable and smooth mediation of any disputes. Any disputes arising from the transaction placed through ALTTIJARA between the Merchant and the Customer must be, in principle, resolved on their own, and only in exceptional circumstances where the resolution between the Customer and the Merchant fail, such disputes should go through the Dispute Resolution Centre.
ALTTIJARA Pay Service: means any/ all services provided by Company in relation to Merchant Member's registration and sales of their products at the sites other than ALTTIJARA, such as payment agency service, payment protection service, and all other additional services in relation thereto.
“Transaction Fee” is fee paid to Company by the Merchant for usage of services. Company shall deduct this fee before settling payments to the Merchant.
Any terms used herein but not otherwise defined in Clause 2(1) shall be interpreted in accordance with the standard practices of transaction.
Clause 3 (Scope; Priority of Effectiveness)
1. In this Agreement, Part 1 (General Rules) and Part 3 (Miscellaneous) shall apply to all Services. Part 2 shall apply to Services of ALTTIJARA.
2. In the event there is a conflict between the provisions of Part 1 and Part 3 on the one hand and Part 2 which are individual Services, on the other hand, the individual Services related provisions (Part 2) shall prevail over the overall Services related provisions (Part 1 and Part 3).
Clause 4 (Specification, Effectiveness and Amendment of this Agreement)
1. The Company shall post the defined Agreement on the first page of its Internet site (http://www.alttijara.com), where the Company's Services are provided, in order to inform the Users of such Agreement.
2. The Company is entitled to amend this Agreement when there are reasonable reasons, as long as such amendment does not violate the related laws. In the event this Agreement is amended, the Company shall notify of such amendment (including the effective date of such amendment and the reason for amendment) through its Service site 30 days prior to the effective date of such amendment; provided, however, in the case of any amendment disadvantageous to the Users, such shall be notified through its Service site 30 days prior to the effective date and shall be also individually notified by way of sending email, to the Users (if it is difficult to provide such separate notification due to the User's failure to provide the contact information, change of the contact information, etc. and such amendment has been notified in accordance with this Agreement, such notice shall be deemed to have been separately made).
3. Agreeing to this Agreement shall mean agreeing to confirm any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in connection with their failure to learn the information on the amended Agreement.
4. In the event any Member does not agree to the amended Agreement, such Member may request to withdraw from the membership (termination of the User agreement). In the event the Company has notified or announced pursuant to Clause 4(2) of this Agreement that the Agreement will be amended and that the User shall be deemed to have consented to such amendment if the User fails to express its refusal to accept the amendment by the effective date of such amendment, the User shall be deemed to have consented to the amendment, if the User fails to explicitly express its refusal to accept the amendment.
Clause 5 (Additional Regulations)
1. Any and all matters not stipulated in this Agreement shall be determined in accordance with the general commercial practice and the related regulations such as the Act on Consumer Protection in Electronic Commerce, etc.
2. The Company, whenever necessary, may notify of the matters applicable to specific Services (the "Individual Agreement") by posting them on ALTTIJARA, etc.
3. The Company, whenever necessary, may determine and notify of the detailed matters relating to the use of the Services (the "Use Policy") by posting them on ALTTIJARA, etc.
5. Each Member shall monitor at all times whether there have been any changes made to the Individual Agreements or the Use Policy and shall confirm any notifications made in respect of any changes.
Clause 5.1 (Product Listing)
1. The merchant is fully responsible for the listing of products on the Website. All product specifications (such as descriptions, information, quality, value, and material) posted on this Website is provided by the Merchant. By listing the product on the Website, the merchant warrants that:
a. Merchant is the valid owner of Products listed.
b. Merchant has the right to sell the Products online.
c. The products conform to all applicable laws regulations in Malaysia.
d. The products strictly conform to the specifications, drawings, performance criteria other descriptions referred to/ or proved on the Website by Merchant.
e. Products are free from defects in terms of materials, performance, operation & workmanship.
f. No misleading information is included on the Website.
g. The price of the listed Product is competitive.
h. No illegal or offensive content is inserted on the Website.
2. Without limiting the foregoing, you may not list on our Website or sell any item by using Altijara.com which:
a. Cosmetics endangering the safety or health of the customer, items without authorization from BFAD (Bureau of Food and Drug).
c. Firearms or any hazardous weapons.
d. Black-market Items.
e. Stolen goods.
f. Goods those were imported illegally.
g. Illegal items.
Clause 5.2 (Order Limitations)
1. Company reserves the right to reject any product(s) order you place with us, and/ or or to quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
2. Company may, at its own discretion, limit or cancel quantities purchased per person or per order. Company also reserves the right to reject any order you placed. These restrictions includes all and any product(s) orders placed by the same www.alttijara.com site account, the same credit card, and orders that use the same billing and/ or shipping address. In the event Company makes a change to an order, Company will attempt to notify you by contacting the e-mail and/ or billing address provided at the time the order was made.
3. Company reserves the right to limit or prohibit sales to dealers or re-sellers.
Clause 6 (Application for the Use of the Services)
1. Any person who wishes to join and use the Services provided by the Company shall provide the required information in the membership application form provided by the Company. There are mandatory items and optional items that are to be filled in by the Member at the time he or she signs up for the membership, and all mandatory items must be filled in. The type of items to be provided in the form of application for joining the membership varies depending on whether the applicant is individual or corporate.
2. Any Individual Customer Member and/ or Individual Merchant Member shall fill in the following items (mandatory items): Member ID (ID), password, email address, name, contact number, whether the Member wishes to receive advertising emails or advertising SMS, and whether the Member consents to his or her personal information being provided to or used by the partner companies and the personal information management consignment company.
3. Any Business or Global Merchant Member shall fill in the following items(mandatory items): type of business, Member ID (ID), password, name of the company (name of the business), name of the representative, business enterprise registration number, email address, contact number of the representative, fax number, location of the business, account number to which the sales price of the Products may be remitted, business conditions, type, category, corporate registration number, e-commerce business registration number, major line of business, whether it wishes to receive advertising emails or advertising SMS, and whether it consents to its personal information being provided to or used by the partner companies and the personal information management consignment company.
4. A Business or Global Business Merchant entity must apply for the membership as the Business or Global Merchant member. Any Business or Global Merchant which wishes to join as the Business or Global Merchant member, shall provide, at the request of the Company, additional information and evidentiary materials, such as a copy of the business enterprise registration certificate, a copy of the identification of the representative (in the case of privately owned business), corporate register, a certificate of corporate seal impression and the account information of the representative or the company for settlement.
5. At the time when the Member applies for the membership, the Company is entitled to request other information (i.e., birth date, marriage status, occupation, hobby, area of interest, etc.) in addition to the mandatory items indicated in Clause 6 (1) and Clause 6 (2), for which request the applicants has the right to reject. Any additional information so obtained must be only used for purposes of providing various and useful information to the Members and cannot be used for any other purposes by the Company.
6. Merchant member is provided with Merchant Guidelines, which provides easy explanations and guidelines starting from product registration, sales up to payment calculation.
7. Merchant member is not allowed to make use of the Website's Name and/ or its Logo without prior written authorization from ALTTIJARA. Merchant Member shall not conduct or induce direct sales of their products to the Customer; if in any case this rule is violated, the respective Merchant Member shall be banned from using the service and Merchant's membership may be terminated.
8. Merchant should respond to the queries of Customer honestly and accurately. Any losses arising from dishonest, inaccurate responses made by Merchant will completely be Merchant's responsibilities.
9. Customer members under age of 18 (eighteen) are prohibited from accessing harmful media materials. To avoid any damages to minors from distribution of illegal and harmful media materials, Company applies a separate adult verification mechanism to such materials in order to prevent exposure to indecent and harmful materials to minors. Company accepts reports of indecent and harmful materials in the Website via email@example.com. The reported party who registers such indecent and harmful materials will receive warnings or other actions from Company upon confirmation.
Clause 7 (Approval, Rejection, Deferring of the Application)
1. In principle, the Company shall approve the use of the Company's Services only when all required information set forth in Clause 6 of this Agreement has been accurately filled in and the identification of the applicant, who has consented to be bound by this Agreement, has been confirmed by undertaking the personal identity confirmation procedures.
2. The Company shall undertake the personal identity confirmation procedures as follows:
(i) in the case of the Individual Customer Member and/ or Individual Merchant Member application, by email authentication; and
(ii) in the case of the Business or Global Merchant member application, based on the evidentiary materials which have been provided pursuant to Clause 6 (4), etc. For any application for which the Company is unable to undertake the personal identity confirmation procedures, the Company is entitled to request the applicant to submit evidentiary materials.
3. The Company may refuse to approve the application in any of the following cases:
a. The applicant is less than 18 years old.
b. It has been confirmed in the personal identity confirmation proceeding undertaken by the Company that the applicant is not the person who is filing the application.
c. The name, the CI (Connecting Information, the personal identification information given by the personal identification institution to connect the service), DI (Duplication Information to screen duplicate applications) (or business enterprise registration number, corporate registration number, email authentication) are identical with those of the existing Member.
d. There is any false or omitted information or typos in the application or the registration materials.
e. The application is re-filed within a month from the date on which the User agreement was terminated.
f. The Member, against whom certain measures have been undertaken by the Company such as disqualification, unilaterally terminates the User agreement and subsequently reapplies for the use of the Services during the period in which such measures undertaken against the Member remain effective.
g. It has been confirmed that the application has been filed in breach of this Agreement or that such application is unlawful or otherwise wrongful.
h. Any person who is subject to the terms of the purchase/ sale user agreement of ALTTIJARA is in breach of the relevant agreement.
4. The Company may defer the application in any of the following cases. In that event, the Company shall post on the relevant Services page or notify by email the reason for deferring the application, possible date of approval, any additional information or materials that are required for the approval and any other information related to the deferring of the application.
a. There is lack of facilities
b. There are technological problems
c. The Company is unable to confirm personal identity through personal identity confirmation proceeding undertaken by the Company.
d. The Company has reasonably decided that the deferring of the application is necessary.
Clause 8 (Expiration of the User agreement)
1. Any Member may terminate the User agreement as follows:
a. Any Member may terminate the User agreement at any time by notifying the Company of its intent to terminate; provided, however, that prior to making such notification, all Product transactions that are in process must be completed, withdrawn or cancelled, and any negative consequences arising from such withdrawal or cancellation shall be borne by the Member. In addition, the Company shall be entitled to restrict the Member's ability to terminate the User Agreement, in the event the Member's use of the Services has been suspended due to his or her breach of this Agreement, related laws and regulations, etc. in order to prevent such breach from occurring again, or until the Member has discharged all of its obligations if the Member has not discharged all of its obligations against the Company.
b. Any negative consequences arising from the withdrawal from the membership shall be borne by the withdrawing Member. Once the User agreement is terminated, the Company may collect various incidental benefits (e.g: points or discount coupons) provided to the Member.
c. In order to prevent any illegal and/ or expedient activities from occurring, where the Member may illegally and expediently obtain certain economic benefits such as discount coupons, event related benefits, etc. by repeatedly applying for the membership and arbitrarily terminating the User Agreement, or where the Member uses another person's name in such process, any Member, who desires to reuse the Services following his or her voluntary termination, shall be allowed to reapply after one (1) month has passed from the date on which the Member withdrew from the membership. To reuse the Services, the Member must notify the Company of its intent to reuse in accordance with the membership application procedures set forth in this Agreement and the related provisions and obtain the approval of the Company.
d. In order to prevent any illegal and/ or expedient activities from occurring, where the Member may illegally and expediently obtain certain economic benefits such as discount coupons, event related benefits, etc. by repeatedly applying for the membership and arbitrarily terminating the User Agreement, or where the Member uses another person's name in such process, the Company may maintain personal information of the withdrawing Member, such as ID, name, CI and DI, date of withdrawal, withdrawal reasons, etc., for a period of one (1) month following the withdrawal of the Member.
2. The Company may terminate the User Agreement in any of the following cases.
a. The Company may terminate the User agreement in the event any of the following has occurred or has been confirmed in respect of the relevant Member:
i. Any acts of compromising legitimate interests (such as rights, honor, etc.) of other Members or the Company (including its employees and consultants) or causing violation of the Malaysian laws and regulations or good public orders and morals;
ii. Engaging or attempting to engage in any of the following activities to interrupt, or that are likely to interrupt, the smooth processing of the Service
· Raising any claims in a constant and malicious manner without any reasonable grounds;
· Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services;
· Breaching the rules of use promulgated by the Company for safe transactions.
iii. The Member has intentionally interrupted the Company's business or registered the Products that are not fit for sale;
iv. The Member has breached this Agreement or the grounds for termination under this Agreement have occurred (including the breach of the relevant agreement by any person who is subject to the merchant members agreement of ALTTIJARA);
v. It has been confirmed that there are grounds to reject the User agreement of the Member in accordance with Clause 7;
vi. The Company, in its reasonable judgment, has decided that there are grounds to refuse the provision of the Services.
· In the event the Company terminates the User agreement, the Company notifies of the grounds of termination to the relevant Members by e-mail, telephone, fax and other means. The User agreement is terminated when the Company notifies of its intent to terminate to the Member.
· Following the termination of the User agreement by the Company in accordance with this Clause 8, this Agreement shall continue to apply to any matters related to the completion of any existing sale and purchase agreements entered into prior to the termination.
· In the event the User agreement is expired in accordance with this Clause 8, the Company may cancel any advertisements and transactions related to the relevant Member without notice, and to the extent any Customer has paid the purchase price of the Products using credit card, such credit card transaction may be cancelled. The Company may also collect various benefits incidentally (e.g: points or discount coupons) provide to the Member.
· In the event the User agreement is expired in accordance with this Clause 8 and the Member reapplies for the use of the Services, the Company may refuse to approve such application.
2. The Member shall be responsible for any losses occurring in connection with the termination of the User agreement, for which the Company shall not be held responsible in any way whatsoever.
Clause 9 (Management of Members)
1. The Company may take the following measures against any Member who has breached this Agreement, related laws and regulations and the general principle of business transactions:
a. Taking back all or part of the benefits incidentally provided by the Company;
b. Restricting the use of specific Services;
c. Termination of the User agreement; and
d. Requesting compensation for damages.
2. If the Member has any objection against the measures taken by the Company in accordance with this Clause 9, the Member may protest.
3. In the event the Member fails to log in for 18 months or more, the Company may consider such account as dormant account, in which case the Company may place restriction on the use of Services provided by the Company. Once designated as dormant account, in order to use the Services again, the Member shall go through the identification authentication procedures.
Clause 10 (Term and Suspension of the Services)
1. The term of the Services of the Member shall commence on the date on which the application for the Services of ALTTIJARA was approved and shall continue in full force and effect until the termination of the User agreement.
2. The Company may temporarily suspend the provision of the Services due to repair, checking, replacement and breakdown of communication facilities such as computers, etc., loss of communication, etc.. In each of the foregoing cases, the Company shall notify of the suspended Services and the reasons for temporary suspension of the Services on the start-up page.
3. The Company may restrict or temporarily suspend the provision of the Services in the event it is unable to provide such Services due to the occurrence of the natural disaster or other force majeure events.
Clause 11 (Services Fees)
1. The Company may impose fees in connection with the provision of certain specific Services or function of ALTTIJARA.
2. Any fees set forth in this Clause 11 shall be handled in accordance with the terms of this Clause 11, Individual Agreement or separate application.
Clause 12 (Use of the Discount Coupons)
1. The Company or the Merchant may issue discount coupons, which provide discount of fixed amount or rate to relevant Member in the event the Member purchase the Products by using the purchasing Services.
2. The Member has the right to use the discount coupon only for his or her own purchases, and the Member shall not, under any circumstances, engage in de-facto sale or transfer of such coupons to any other person.
3. The use of the discount coupons may be restricted depending on certain items or amount, and such coupons cannot be used after the expiration of their respective expiry date. The discount coupon may not be reusable after any refund is made due to cancellation or the return of the Products.
4. Any discount coupons provided to the Customer may not be used in multiple for the purchase of one (1) product; provided, however, that to the extent the issuer of such discount coupon is different (company or Merchant), it may be possible to use multiple coupons for the purchase of one (1) item.
Clause 13 (Surveys and Contests)
1. Company may occasionally provide members the opportunity to participate in contests or surveys on the Website. If members decide to participate, Company will request certain personally identifiable information. Participation in these surveys or contests is completely voluntary and members therefore have a choice whether or not to disclose this information. The requested information typically includes contact information, such as name and shipping address, and demographic information, including but not limited to complete address and, zip code.
2. Company uses this information to notify contest winners and award prizes, to monitor site traffic or personalize the site, or to send participants electronic communications. Company also may store this information for use at a later date.
3. Company may use a third-party service provider to conduct these surveys or contests; such third-party service provider will be prohibited from using the Website user's personally identifiable information for any other purpose.
Clause 14 (Copyright Policy)
1. The Company shall establish and manage the policy of protecting the copyright of the copyright holder in connection with the use of the Services, and the Member shall comply with such copyright policy of the Company.
2. The Member shall have copyright over any postings that have been prepared by the Member while using the purchase Services provided by the Company. The Member shall be responsible for any civil and criminal liabilities such as infringement of the copyright related to the relevant postings.
3. The Company may search, expose to the other website, or use for free as sales promotion and other materials any postings registered by the Member, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works in the Services provided by the Company; provided, however, that in the event the Member, who has registered the relevant postings, requests the Company to stop using such postings by deleting the postings, the Company shall immediately cease from using such postings.
4. The Company's right to use set forth in Clause 14 (3) shall remain in full force and effect so long as the Company operates the Services of ALTTIJARA.
5. By posting on ALTTIJARA, the Member is deemed to have granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to copy, display, use, reproduce, publish, distribute, transmit such postings and prepare compilation works and derivative works from such postings throughout the world in any media
6. Company automatically records Website use information and analyses statistically to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of the Website. This information does not identify member personally and Company does not use this information to track information about individuals. We will disclose this information to third party only in aggregate form or as may be required by law. For each page visited, the Company collects and stores only the required technical information in what is called a "web server log file", including but not limited to: Date and time of access, URL address of webpage visited, internet domain and IP address from which Alttijara.com was accessed, Type of browser and operating system used to access Alttijara.com(if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, file size of the webpage visited.
7. The Company shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by the Company. In the event the User uses the information which it has acquired while using ALTTIJARA by copying, transmitting, publishing, distributing or broadcasting such information, or by using any other means, without the prior consent of the Company, the User shall be responsible for such use (including the use of a third party, if such use is granted by the User).
8. The Member may protect its rights by using the reporting centre system operated by the Company in the event his or her copyright has been violated at ALTTIJARA.
9. The Company may, without notice, delete the postings, restricts or prohibits the relevant publisher from using the specific Services, terminate the User agreement or take any other measures in any of the following cases. In the event the postings are deleted, any other notices related to such postings (such as comments, responses, etc.) shall be deleted as well.
a. If the contents of the posting violate the provisions of Malaysian laws;
b. If the posting infringes the rights, honour, credit and any other legitimate profit of the other person;
c. If the posting contains malignant code or data that may cause malfunction of information technology equipment;
d. If the posting violates social public order or is destructive to the traditional custom; or
e. If it is determined that the posting disturbs smooth operation of the Services of ALTTIJARA provided by the Company due to material causes similar to those described in Clause 14(9)(a) through Clause 14(9)(d).
Part 2. Services of ALTTIJARA
Clause 15 (Type of the Services)
The Company shall provide the following types of the Services to the Member:
1. E-Commerce Services: It means the Services provided by the Company through its Internet site (http://www.alttijara.com) to provide the place of on-line transaction and other related supplementary services to enable the purchase and sale of the Products among the Members.
a. Business support services related to sales;
b. Business support services related to purchases;
c. Execution of agreement, payment support, Payment Protection Services and Trust & Safety Service (T&S);
d. Product search information services;
e. Other e-commerce related services; and
f. ALTTIJARA's advertisement and promotion services
2. Other Services include :
a. Product inquiry notice services, information provision services such as Product review, expert review, etc., and telemarketing and event services provided directly by the Company or jointly between the Company and its partners.
b. Provides access to wide range of general information on the Halal industry including without limitation, general information on Halal standards and audit and certification of Halal products
c. Provides access to additional information and data on the Halal industry such as Clauses, journals, directories, presentations and databases.
Clause 16 (Disapproval of Representation and Guarantor)
1. As the Company only operates, manages and provides the system for the purpose of enabling unconstrained transaction of the Products among the Customers and the Merchants, the Company does not represent the Customers or the Merchants and the relevant User shall be directly responsible for all liabilities related to the transaction made among the Users and the information provided by such User.
2. The Company does not guarantee anything with regard to the transaction undertaken by the Customer and the Merchant, such as the existence or veracity of the intent to sell or purchase, quality, completeness, safety or legality of the registered Product or whether such Product infringes the right of other person, or truthfulness or legality of the information posted by the Merchant or the Customer or any materials posted on URL linked through such information, etc. Any liabilities and risks relating transaction undertaken by the Customer and the Merchant shall be borne by the relevant Member.
3. The Company does not sell the Products to the Customer, nor does it purchase the Products from the Merchant. The Company develops and provides only the instrument to augment the safety and reliability of the transaction between the Customer and the Merchant.
Clause 17 (Use of the Services by Customer)
1. Before purchasing any Products, the Customer must accurately confirm the terms of the transaction and the detailed description of the Products prepared by the Merchant posted on the website. The Customer shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.
2. The Customer shall comply with this Agreement and all notices posted on the Service page by the Company. The Customer shall be responsible for all losses and damages arising out of or in connection with its breach or failure to perform the terms of this Agreement or such notices.
3. The Company does not provide any guarantee or otherwise represent any description of the Products and the terms of the transaction registered by the Merchant. The Customer shall purchase the Products at his or her own risk.
4. In case of the occurrence of grounds for withdrawal of an application for a contract concerning the Products purchased by the Customer, the Customer shall not arbitrarily use such Products or leave the Products to be damaged. In the event such Product is arbitrarily used or damaged due to inadequate storing of such Products, the reasonable expenses shall be borne by the Customer.
5. In case of any disputes arising out of the procedure relating to the purchase and sale of the Products between the Customer and the Merchant, the Customer shall sincerely try to resolve such dispute in a faithful manner. The Customer shall be responsible for all damages and losses suffered or sustained by the Merchant and the Company arising out of the Customer's insincere approach to resolve the disputes.
6. The Customer shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other's name, etc. The Customer shall be responsible for all damages and losses suffered or sustained by the Company, the owner of such means of payment and Merchant arising out of the Customer's arbitral use of the means of payment available under other's name.
7. The Customer shall be responsible and liable for the information provided by the Customer in connection with the payment of the purchase price and any disadvantages arising out of such information.
8. In the event the payment is not made within three (3) business days (excluding Saturdays, Sunday and public holidays in Selangor, Malaysia) from the date on which the purchase order is placed, it shall be deemed that the order has been cancelled, and the relevant order shall be automatically cancelled.
9. The Company may confirm whether the Customer has the justifiable right to use the means of payment used by the Customer and may stop or cancel the transaction until such confirmation is completed.
10. The Company shall manage various facilities and materials in order to provide safely the Services to the Customer. The Company shall confirm whether such Services is used consistently with the purpose of such Services, and in the event the Company finds that the Customer has used the Services in contravention of the purpose of such Services, the Company may request the Customer to explain the reason thereof.
11. In the event the Company posts the information provided by its partners, or provides the reference information or contents provided by a third party at ALTTIJARA site or through links, for the convenient use of the Services for the Customer, the Customer shall, at its own decision and risks, purchase the Products, for which the Company shall have no liability whatsoever.
12. In the event a person who is a minor purchases the Products, his or her legal representative must consent to the relevant agreement. If no such consent has been provided, the minor or the legal representative may cancel the agreement. Any detailed matters relating to the transactions undertaken by the minor shall be handled in accordance with the related laws and regulations.
Clause 18 (Use of the Payment Protection Services)
1. The Company shall provide the Payment Protection Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Payment Protection Services mean the services whereby the Company refunds to the Customer the payment made by the Customer, in the event the Customer has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the relevant Merchant by the Company after deducting a predetermined fixed service fees in case the Customer received the Products from the Merchant) but the Customer has not received the Products from the Merchant or the Customer requests for refund after having the Products returned to the Merchant even if the Customer received the Products from the Merchant.
2. The Payment Protection Services apply to all Products purchased at ALTTIJARA.
3. The Payment Protection Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the Customer who is required to make payment before he or she receives the Products.
4. The provision of the Payment Protection Services by the Company does not make the Company a representative of the Merchant or the Customer, nor does it mean that the Company is acting as a proxy for the Customer and Merchant in carrying out the obligations of the Merchant or the Customer in connection with the purchase and sale of the Products.
5. Any remittance charges incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the Customer who remits the payment.
6. The Company cannot be requested to return any interests that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.
7. Any Customer, who uses the Payment Protection Services, shall express his/her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Customer.
8. The Payment Protection Services are terminated when the Customer expresses his/her intent to finalize the purchase or it is deemed that the Customer has such intent.
9. In the event the Customer fails to express his/her intent to exchange or return within the Purchase Finalization Period following the completion of the delivery of the relevant Products, it shall be deemed that the Customer has the intent to finalize the purchase.
10. In the event the Customer has the intent to finalize the purchase or it is deemed that the Customer has such intent, the Company may remit the related payment of the Products to the Merchant in accordance with the related regulations of the Act on Consumer Protection in E-Commerce.
11. In the case of the occurrence of the grounds to withdraw, cancel or terminate the agreement after the termination of the Payment Protection Services, the Customer shall undertake the relevant procedures directly with the Merchant to withdraw, cancel or terminate the agreement and to obtain a refund of the purchase price.
Clause 19 (Delivery, Completion of Transaction)
1. A delivery period starts on the date immediately succeeding the date on which the deposit has been confirmed and ends on the date on which the delivery is completed. In the case of public holidays and other holidays in Selangor, Malaysia or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.
2. If the Goods purchased is not delivered in accordance with the Contract or within a reasonable time, the Customer shall be entitled, by serving written notice on Company, to demand performance within a specified time thereafter, which shall be at least 14 days. If Company fails to do so within the specified time, the Customer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Company's non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events.
3. In the event there is a dispute among the Merchant, Customer, shipping company, financial institutions, in connection with the delivery, such disputes shall be resolved among the related parties. The Company shall not take part in any of such disputes, nor shall it be held liable thereto.
4. In the case of the occurrence of the grounds to refund the purchase prices due to defects in the Products, after the purchase has been finalized, the Company shall not intervene. Any disputes arising between the Customer and the Merchant after the purchase has been finalized shall be resolved between the relevant Customer and Merchant.
5. If the Customer fails to express his/ her intent to finalize the purchase, exchange or return within the Purchase Finalization Period, the Company may deem that the intent to finalize the purchase has been made and take the procedure to automatically finalize the relevant purchase (the "Automatic Finalization of Purchase") on the business date immediately succeeding the expiration date of such period; provided that if the Customer does not receive the product within the Purchase Finalization Period, the Customer may report such non-arrival to the Company.
6. Upon the conclusion of the Automatic Finalization of Purchase, the Company may remit the payment, which is in custody of the Company, to the Merchant in a manner designated by the Merchant.
7. Once the Automatic Finalization of Purchase is concluded, the Customer may not raise any objections against the Company such as Non-Delivered Products and Request to Return the Products. The Customer shall directly settle with the Merchant any issues relating to the obtaining of refunds of the purchase prices and exchange of the Products.
8. If Customer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Merchant’s fault) then without prejudice to any other right or remedy available to Company, Company may:
a. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Customer for any shortfall below the price under the Contract; or
b. Terminate the Contract and claim damages.
9. ALTTIJARA reserve the right to reject any product(s) and/ or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Clause 19.1 (Customs Regulation and Inspections)
1. If the country of the merchant is different from the country of the customer, the customer is considered the importer of record and must comply with all laws and regulations of the country in which the customer is receiving the goods. Customers should make sure that they can lawfully import the item into the customer's country before purchasing the item.
2. Customers may be subject to import duties and taxes, which are levied once a shipment reaches the customer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; ALTTIJARA has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country - please contact your local customs office for further information.
3. Member's privacy is important to us, and we know you care how information about your order is used and shared. We would like our international customers and merchants shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4. Company or merchants may provide certain order, shipment, and product information--such as titles to our/their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or merchants to state the value of the purchased item directly on the package.
5. All service fees are subject to GST and other taxes by applicable laws and regulations and the Company will charge merchants such GST and other taxes additionally. Merchants agree that service fees and taxes may be paid by deducting from the purchase price paid by customers. The Company shall issue receipts or tax invoices for service fees paid by merchants on a monthly basis.
Clause 20 (Return/ Exchange/ Refund/ Cancellation)
1. The Customer may request for the return or exchange of the Products within seven (7) business days from the date on which the Product is received. The related laws and regulations shall prevail over the terms of the transaction provided by the Merchant in connection with general matters relating to the return of the Products provided however, the Customer may not be entitled to request return or exchange in any of the following cases:
a. The Product is damaged due to a cause attributable to the Customer;
b. The value of the Product has been significantly reduced due to the use or partial consumption thereof by the Customer;
c. The value of the Product has been significantly reduced to the extent that such Product is not resalable due to the time elapsed;
d. The package of the reproducible Product is damaged;
e. There are other reasonable grounds based on which the Customer may not be entitled to request for refund or exchange.
2. In the event the Company receives the request to exchange or return from the Customer, the Company shall immediately notify thereof to the Merchant.
3. Merchant Members must respond by expressing in writing either approval or denial within five (5) business days to the Customer and/ or ALTTIJARA.
4. All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.
5. In the event the return invoice number is not indicated at the time the request for return is made, the return handling proceedings and refund may be delayed.
6. In the event the request for exchange is made and the Merchant does not have the relevant product in stock, the exchange is impossible, in which case such request shall be handled as return of the Products.
7. The Customer shall be responsible for all costs incurred in connection with any exchanges made, except where the relevant exchange is made due to defects in the Products, in which case, the Merchant shall be responsible for round-trip delivery costs of such defective Products.
8. The Merchant shall be liable for any losses suffered or sustained by the Customer arising out of the delivery made by the shipping company which has been appointed by the Merchant.
9. In the event the Merchant fails to confirm the order information of the Customer or fails to carry out the delivery procedures for a considerable period of time after having been notified of the payment confirmed by the Company, the Company may cancel the relevant transaction at the request of the Customer, in which case, the payment in custody of the Company shall be refunded to the Customer. Moreover, the Company may take steps to undertake the automatic refund procedures without the request made by the Customer in accordance with its own policies, in which case such shall be publicly notified in advance.
10. In the event the Merchant fails to actively undertake or delays the procedures to confirm the exchange or return request made by the Customer, the Company may cancel the relevant transaction after figuring out the cause of such exchange or return request and may refund the payment in its custody to the Customer.
11. The event the Company determines that the Customer's request for exchange or return is not justifiable; the Company may cancel such request and pay the payment in its custody to the Merchant. Moreover, if the Customer fails to return the Product, or is not reachable (by telephone or email), within fourteen (14) days from the date on which the Customer's request for exchange or return has been registered, it shall be deemed that the Customer has withdrawn its such request and the Company may pay the payment in its custody to the Merchant.
12. If the transaction, for which the payment of the Customer has been confirmed, is cancelled, the Company shall take the necessary procedures to refund the purchase price to the Customer within two (2) business days from the date on which the relevant transaction is cancelled. In the case of where the transaction is cancelled for which the payment has been made via credit card, the cancellation of payment approval shall be processed immediately. In the case of where the transaction is cancelled for which the payment has been made using the electric prepayment means of ALTTIJARA, the procedures to refund such shall be immediately undertaken.
13. Any refund of the Products, for which the payment has been made by credit card, shall be made only by cancelling the credit card transaction, and shall not be made in cash; provided, however, that the refund of the delivery charge (in the case of bundle delivery) may be made in Cash after the relevant purchase has been finalized.
14. The Customer may cancel his/ her purchase before the Product is delivered. If the request for cancellation is made while the Product is being delivered, such request shall be processed through the return procedure (not through the cancellation procedures).
15. Any request for cancellation, which is registered after the payment has been completed, shall be completed immediately.
16. Any request for cancellation, which is made while the Product is being prepared for delivery, shall be completed immediately in principle; however, to the extent that the relevant Product has been already dispatched, the Customer shall be responsible for the round-trip delivery charges.
17. Customer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered :
a. Products Delivered from Overseas
c. Beauty Products
e. Food, Including Perishable and Non-Perishable
Clause 21 (Prohibited Acts)
1. In furtherance of safe transactions, Merchant and Customer are prohibited from directly entering into a transaction (i.e., direct dealing) without using the Payment Protection Services provided by the Company. Any issues or problems arising from such direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.
2. A Merchant who is confirmed to have engaged in or induced a direct dealing may be suspended from using the Service or be terminated from the User agreement, and a Member may report such Merchant to the Secure Transaction Centre operated by the Company.
3. Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited.
4. Upon confirming any wrongdoings to the system, the Company may take following measures against the responsible Member: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services or termination of User agreement.
5. The Service prohibits any purchase from unauthorized use of another person's identify, credit card information or account information.
6. Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company may suspend or cancel the Member's transaction and notify relevant authority.
7. Any unusual transaction exploiting discount rates provided by the Company and any purchase with no intention of actual purchase (i.e., no actual delivery of product) are prohibited. Upon confirming such activity, the Company may cancel such transaction, restrict use of the Services or terminated User agreement.
Clause 22 (Secure Transaction Centre)
1. The Company operates the Secure Transaction Centre to resolve legal issues related to safety of transactions, such as infringement of one's right or violation of laws or regulations, which may arise from Member's use of the Services.
2. Secure Transaction Centre engages in the following activities.
a. Taking measures against sale of products unsuitable for sale
b. Taking measures against any activities infringing upon other person's rights.
c. Taking measures against other activities that may threaten safety of transactions or violate laws or regulations.
3. Member must comply, in good faith, with mediation by the Secure Transaction Centre.
Clause 23 (Dispute Resolution Centre)
1. The Company shall operate Dispute Resolution Centre in order to mediate any disputes between Members or between Member and a third party.
2. The Company shall engage in the Dispute Resolution Centre's mediation in a fair manner as a third party.
3. Member must comply, in good faith, with mediation by the Dispute Resolution Centre.
Clause 24 (Indemnification)
1. Any transactions between Users arising from or in connection with sale of products, such as shipment of products, returns or withdrawal of subscription, must be preceded by the customer and the merchant, who are the parties of such transaction. The Company will not be involved in the course of the transaction nor will the Company in any event take responsibility thereof.
2. The Company shall not be liable for any damages or losses that User or a third party may suffer or sustain as a result of temporary suspension of the Service in accordance with Clause 10 Paragraph 2 hereof.
3. In the event of restriction on or suspension of the Services in accordance with Clause 10 Paragraph 3 hereof, the Company shall be released from any responsibility by reason of force majeure.
4. The Company shall not be responsible for any impairment to use of the Services caused by User's fault.
5. The Company shall not be responsible for any damages arising from User's disclosure or provision of its own personal information to another person.
6. The Company will not be involved in any transactions between User and a company connected through links, banners, etc. on the Company's service screen (hereinafter, "Linked Company"). The Company shall not be responsible for such transactions.
7. The Company does not guarantee accuracy, promptness or appropriateness, etc. of any products or information, etc. provided by a Merchant or a third party on the Company's service screen, nor will the Company in any event be responsible in relation thereto.
8. The Company shall not be responsible for any modification or suspension of the Services or functions, in part or in whole, in accordance with Clause 30 Paragraph 1 hereof.
Clause 25 (Website Translation and External Links)
1. ALTTIJARA website use Google translation tool/ code software for the translation of the web content into the desired language(s). ALTTIJARA shall not be responsible for the accuracy of the web content provided once translated. In the event of discrepancy between the English language and the translation provided, the English version shall prevail.
3. ALTTIJARA is not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks or third party websites or pages linked to the ALTTIJARA Website. Links to downloadable software sites are for convenience only and ALTTIJARA is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software
4. No hypertext links shall be created from any website to this website without prior written permission of ALTTIJARA. Please contact us if you wish to link to the ALTTIJARA Website or would like to request a link to your website
Clause 26 (No Warranties)
1. The information and materials contained in the ALTTIJARA Website, including text, graphics, links or other items are provided "as is" and "as available". To the greatest extent permitted by applicable law and your local laws, ALTTIJARA makes no warranties, representations, statements or guarantees, whether express or implied regarding the ALTTIJARA Website and/ or the Services, the information contained on the ALTTIJARA Website and/ or the Services, the security of you or your company's personal information, material, information and/ or submissions transmitted through the ALTTIJARA Website.
2. To the greatest extent permitted by applicable law and your local laws, ALTTIJARA makes no warranty or representation that the information provided on the ALTTIJARA Website and/ or the Services is appropriate for use in any jurisdiction. By accessing the ALTTIJARA Website and/ or using the Services, you warrant and represent that you are legally entitled to do so and to make use of the information contained on the ALTTIJARA Website and/ or the Services.
3. To the greatest extent permitted by applicable law and your local laws, ALTTIJARA does not warrant or represent that the information contained on the ALTTIJARA Website and/ or the Services is accurate, complete, correctly sequenced, reliable or timely or that the ALTTIJARA Website and/ or the Services will be uninterrupted or free of errors and/ or viruses. Use of the ALTTIJARA Website and/ or the Services is at your sole risk. You have sole responsibility for adequate protection and back up of data and/ or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Clause 27 Health Information
If the listed product contained any health care information in this Website, it shall be intended for educational purposes only. It is not intended as medical advice for individual condition or treatment. Only the doctor or pharmacist has the right to provide you with advice or what is safe and effective for you.
Part 4. Miscellaneous Matters
Clause 28 (Governing Law and Jurisdiction)
1. This Agreement, Service User agreement between the Company and Members and any sales transaction between Members shall be governed by the laws of Malaysia.
2. The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between the Company and User in relation to the Services.
Clause 29 (Miscellaneous Provisions)
1. The Company, if necessary, may temporarily or permanently modify or suspend certain Services or functions, in part or in whole, upon notifying in advance through ALTTIJARA website.
2. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written consent of the other party.
3. The following constitutes integral part of User agreement: (i) in relation to this Agreement, any agreements, covenants or notification, etc. additionally executed upon parties' agreement and (ii) The Company's announcement on ALTTIJARA website pursuant to change in the Company's policy, enactment or amendment of laws or regulations or government authorities' notification or instruction, etc..
4. The Company shall establish and operate customer service centre to actively collect, and provide solutions to, fair opinions or grievances arising from the purchasing Member's use of the Service and mediate disputes between Members. The Company shall promptly process issues that it considers fair and reasonable upon deliberation of various complaints and opinions raised by Members and, for matters that cannot be immediately processed, shall notify the reason and estimated period to Member via email or telephone.
Clause 30 (Use of the Trust & Safety Services)
1. The Company shall provide the Trust & Safety Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Trust & Safety Services mean the services whereby the Company refunds to the Customer the payment made by the Customer, in the event the Customer has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the relevant Merchant by the Company after deducting a predetermined fixed service fees there from in case the Customer received the Products from the Merchant) but the Customer has not received the Products from the Merchant or the Customer requests for refund after having the Products returned to the Merchant even if the Customer received the Products from the Merchant.
2. The Trust & Safety Services apply to all Products purchased at ALTTIJARA.
3. The Trust & Safety Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the Customer who is required to make payment before he or she receives the Products.
4. The provision of the Trust & Safety Services by the Company does not make the Company a representative of the Merchant or the Customer, nor does it mean that the Company is acting as a proxy for the Customer and Merchant in carrying out the obligations of the Merchant or the Customer in connection with the purchase and sale of the Products.
5. Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the Customer who remit the payment.
6. The Company cannot be requested to return any interests, etc., that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.
7. Any Customer, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Customer.
8. The Trust & Safety Services are terminated when the Customer expresses his or her intent to finalize the purchase or it is deemed that the Customer has such intent.
9. In the event the Customer fails to express his or her intent to exchange or return within the Purchase Finalisation Period following the completion of the delivery of the relevant Products, it shall be deemed that the Customer has the intent to finalize the purchase.
10. In the event the Customer has the intent to finalize the purchase or it is deemed that the Customer has such intent, the Company may remit the related payment of the Products to the Merchant in accordance with the related regulations of the Act on Consumer Protection in Electronic Commerce, Etc.
11. In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the Customer shall undertake the relevant procedures directly with the Merchant to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.
12. Alttijara.com is owned and operated under Anise Asia Cloud Sdn. Bhd. (company registration number: 476766-H). Products listed on ALTTIJARA operated by Anise Asia Cloud Sdn. Bhd. are registered by merchant. Hence, Anise Asia Cloud Sdn. Bhd. is not responsible for the product details.
Clause 31 (Disclaimer Liability)
1. Disclaimer of Liability responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, special, incidental or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the ALTTIJARA Website and/ or the Services, any information contained on the ALTTIJARA Website and/ or the Services, you or your company's personal information, material, information or submissions transmitted through the ALTTIJARA Website, even if you advise ALTTIJARA of the possibility of such damages, losses or expenses.
2. To the greatest extent permitted by applicable law and your local laws, ALTTIJARA shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, special, incidental or consequential), personal injury or expense of any nature whatsoever, whether caused by the negligence of ALTTIJARA, its employees or otherwise arising in connection with the ALTTIJARA Website and/ or the Services, even if you advise ALTTIJARA of the possibility of such damages, losses or expenses.
3. The ALTTIJARA is provided to you by us on an ‘as is’ basis. To the fullest extent permitted by law, we exclude any and all warranties (whether express or implied) relating to the ALTTIJARA including, but not limited to, warranties concerning:
a. the ALTTIJARA meeting your particular interests and requirements;
b. the material in the ALTTIJARA being accurate, complete or reliable;
c. the ALTTIJARA and its host server being available and free of defects;
d. the ALTTIJARA and its host server being free of technical problems or viruses; and
e. the confidentiality of information contained in the ALTTIJARA.
4. Accuracy of Information ALTTIJARA has taken all reasonable care in the preparation of the contents of this website and intends that the information is accurate at the time it is uploaded. However, such information can be subject to change and therefore we do not warrant its accuracy. Particulars are for illustration only. We operate a policy of continuous product development and individual features may vary from time to time. Consequently, these particulars should be treated as general guidance only and do not constitute a contract, part of a contract, or a warranty. You should take appropriate steps to verify any information upon which you wish to rely. To find out more about a development, we advise that you contact our customer support. ALTTIJARA shall not be liable for damages of any kind or nature whatsoever arising out of or related to the use of this website or the information it contains.
Clause 32 (Force Majeure)
ALTTIJARA shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.
Clause 33 (User Comments, Feedback and Other Submissions)
1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.