1. INTRODUCTION

1.1 Welcome to AIN’A MALAYSIA www.ainamalaysia.com website (the “Site”) (we refer to the Site and the services we provide as described in our Site collectively as the “Services”) run by A IN A CARE (MALAYSIA) SDN BHD (Company No. 1391032-M) and its affiliates and subsidiaries (individually and collectively, “AIN’A “, “we”, “us” or “our”). Before using this Site or the Services, you must read carefully and accept these terms and conditions and policies pertaining to the use of the Website and/or Services (collectively referred to as “AIN’A MALAYSIA Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy. By registering to AIN’A MALAYSIA account (“Account”), accessing the Website and/or using the Services, you agree to be bound by AIN’A Malaysia Terms and Conditions and any amendments to the foregoing issued by us from time to time.

1.2 Before becoming a User of the Sites, you must read and accept all of the terms and conditions in, and linked to, these terms of use and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.3 The Terms and Conditions stated herein constitute a legal agreement between you and A IN A CARE (MALAYSIA) SDN BHD (Company No. 1391032-M), a company incorporated in Malaysia and having its registered address at C-G-2, Kuchai Exchange, Off Jalan Kuchai Maju 13, Kuchai Lama, 58200 Kuala Lumpur, Malaysia.

1.4 AIN’A MALAYSIA reserves the right, to change, modify, add, or remove portions of these Terms and Conditions and Privacy Policies at any time. Changes will be effective when posted on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.

1.5 AIN’A MALAYSIA reserves the sole and absolute right to refuse to provide you access to the Platform and/or Services, or to allow you to open an Account for any reason it deems reasonable.

1.6 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

BY USING THE SERVICES, REGISTERING FOR AN ACCOUNT WITH US, VISITING OUR WEBSITES, OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT THE TERMS AND CONDITIONS, PRACTICES, REQUIREMENTS, AND/OR POLICIES OUTLINED IN THE PRIVACY POLICY, AND YOU HEREBY CONSENT TO US COLLECTING, USING, DISCLOSING AND/OR PROCESSING YOUR PERSONAL DATE AS DESCRIBED HEREIN. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE.

2. TRADEMARKS AND COPYRIGHTS

2.1 All intellectual property rights, whether registered or unregistered, on the website, information content on the website and all the website design, including but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as the “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the website are also protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

2.2 No right or licence is granted directly or indirectly to any party accessing the website to use or reproduce any Intellectual Property, and no party accessing the website shall claim any right, title, or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Website, and its Content.

2.3 No part or parts of the website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment, any Intellectual Property without our prior written consent or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title, or interest therein. You are hereby restricted from copying, distributing, republishing, transmitting, publicly displaying, publicly performing, modifying, adapting, renting, selling, or creating derivative works of any portion of the Services, the Website, or its Content. You shall not, without our prior written consent, mirror or frame any part or whole of the Content of the Website on any other server or as part of any other website. The entire contents of the website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

3. LIMITATION OF LIABILITIES 

3.1 The Site and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by AIN’A Malaysia of any kind either expressed, implied or statutory with respect to the Site and/or the Services, including, without limitation, warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

3.2 Without limiting the foregoing, AIN’A Malaysia  does not warrant that the Site and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

3.3 AIN’A Malaysia and all of its respective officers, employees, directors, agents, and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Site or the Services;

(b) reliance on any data or information made available through the Site and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

3.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and AIN’A Malaysia shall not be liable therefore.

4.  APPLICABLE LAW AND JURISDICTION

4.1 These Terms of Service and/or other AIN’A Malaysia Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

5. ARBITRATION

5.1 Any controversy, claim or dispute arising out of or relating to these Terms of Service and/or other AIN’A Malaysia Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

5.2 Notwithstanding the foregoing, AIN’A Malaysia reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

6.  TERMINATION

6.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Service and/or other AIN’A Malaysia Terms and Conditions. Upon any termination of these Terms of Service and/or other AIN’A Malaysia Terms and Conditions, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform  in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that AIN’A Malaysia shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site and/ or with any terms, conditions, rules, policies, guidelines, or practices of AIN’A Malaysia, in operating the Site and/or providing services, your sole and exclusive remedy is to discontinue using the Site.