Terms of Use

Welcome to OnGlam a website operated by Doveera Sdn Bhd., a private limited company incorporated in Malaysia.

These Terms of Use govern the use of the mobile and internet services and business tools offered by Doveera Sdn Bhd (“Doveera”, “We”, “us” or “our”) at and through OnGlam (“the Website”) and through its associated mobile applications and any other sites we may have now or in the future that reference these Terms of Use (the services, business tools, Website, mobile applications to be hereinafter collectively referred to as the “Site”).

As the Site utilizes Google AP(s), users of the Site and services found at the Site are also bound by Google’s Terms of Service.

PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY AS IT FORMS A LEGAL AGREEMENT BETWEEN YOU AND DOVEERA GOVERNING YOUR USE OF THE SITE. BY ACCESSING AND USING THE SITE, YOU HEREBY REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ACKNOWLEDGE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE GENERAL TERMS OF USE AS WELL AS DOVEERA’S PRIVACY STATEMENT (COLLECTIVELY “THE TERMS”) LOCATED AT WEBSITE.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SITE.

 

1. The Site

1.1 The Site is a platform where independent service providers (“Service Providers”) are able, by using a booking system / application on the Site, to provide services (“Services”) directly to you.

1.2 For avoidance of doubt, Doveera is a platform for the Service Providers and you to connect and a medium to facilitate the provision of Services by the Service Provider. You understand and acknowledge that Doveera does not in any way provide and/or contract to provide for the Services made available on the Site. The Service Providers are independent sellers of the Services made available by Sellers on the Site and are wholly and solely responsible to you for the actions, duty of care, delivery, legality, merchantability, safety, quality and/or any other aspect of the Service Providers’ Services sold and/or provided by the respective Service Providers to you.

1.3 You are solely responsible for selecting the Services to be procured by your from the Service Provider as well as to the venue in which the said Services are to be provided.

1.4 As such, any decision made by you as to the Services procured and the venue in which the Services are to be delivered and/or performed is a decision made solely by you.

1.5 The Site is also a platform through which merchants (“Merchants”) are able, by using a booking system / application on the Site, to sell their products (“Products”) directly to you.

1.6 For avoidance of about, Doveera is a platform for the Merchants and you to connect and a medium to facilitate the sale of the Merchants’ Products to you. You understand and acknowledge that Doveera does not in any way provide and/or contract to provide for the Merchants’ Products made available on the Site. The Merchants are independent sellers of the Merchants’ Products and are wholly and solely responsible to you for the actions, duty of care, delivery, durability, failure to provide, legality, merchantability, suitability, safety, timing, quality and/or any other aspect of the Merchants’ Products sold by the respective Merchants to you.

1.7 You are solely responsible for selecting the Merchants’ Products to be procured by your from the Merchants and the manner and venue of delivery of the Merchants’ Products to you.

1.8 As such, any decision made by you as to the Merchants’ Products procured and the manner and venue in which the Merchants’ Products are to be delivered is a decision made solely by you.

1.9 For avoidance of doubt, Doveera merely provides a platform in which commercial transactions relating to the Service Providers’ Services and/or Merchants’ Products can be made by the respective Service Providers and/or Merchants with you. Doveera DOES NOT in any way makes any representations nor shall Doveera be responsible as to the, actions, duty of care, delivery, durability, failure to provide, legality, merchantability, suitability, safety, timing, quality and/or any other aspect of the either the Service Providers’ Services and/or the Merchants’ Products and as such Doveera SHALL NOT at any material time be in any way responsible to you in whatsover manner and howsoever for the Service Providers’ Services and/or the Merchants’ Products sold/provided/delivered to you through the Site.

1.10 The advertisement and sale of the Service Providers’ Services and/or the Merchants’ Products on the Site SHALL NOT at any material time be construed and/or considered as an advice by Doveera on which any form of reliance should be placed and SHALL NOT be taken in any way or manner be an endorsement and/or recommendation by Doveera for the purchase of the Service Providers’ Services and/or the Merchants’ Products listed on the Site.

1.11 You are also put on notice that Doveera may not routinely screen and/or inquire into the background of the Service Providers and/or the Merchants including but not limited to the accreditation, registration or licensing of the Service Providers and/or Merchants. Doveera may not also verify and/or confirm the actual identity of either the Service Providers and/or the Merchants and/or the accuracy of any of the representation made by either the Service Providers and/or the Merchants in respect of Service Providers’ Services and/or the Merchants’ Products and/or the information relating to the Service Providers’ Services and/or the Merchants’ Products on the Site.

1.12 You are therefore advised at all times to make the necessary inquiries with the Service Provider and/or the Merchant you deem necessary regarding the respective Service Providers’ Services and/or the Merchants’ Products and only agree to purchase either the Service and/or the Product upon you being satisfied with answers and/or explanations given by the respective Service Provider and/or the Merchant.

2. Creation of Account

2.1 You are required to become a registered member by creating and maintaining an account (“Your Account”) in order for you to use the facilities contained in the Site. By creating an Account, you are granted the right to use the Site subject to the restrictions set out in the Terms and any other restrictions stipulated to you by us in writing. Creation of Your Account requires you to submit to Doveera certain personal information as prompted by the Site’s registration process. You further agree that you will not knowingly omit or misrepresent any personal or material information during the registration process. Failure to provide such information required and/or provide accurate, complete and up-to-date information in the registration process may result in you being denied access to and/or ability to use the Site. By submitting your personal information to create Your Account, you acknowledge your agreement and acceptance of Doveera’s Privacy Policy as found at the website and thereby expressly consent to authorising us to process and verify your personal data as required for your use of and access to the Site as well as for such purposes as set out in the Privacy Policy Notice.

2.2 You agree to always maintain accurate, complete and up-to-date information in Your Account and that you shall promptly enter corrected or updated information or otherwise inform Doveera in writing of any changes or updates to your Account. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and/or use the Site and/or may result in Doveera’s exercising its right to suspend and/or terminate Your Account as provided by the provisions of Clause 14 hereinbelow.. You agree not to create an account on behalf of any third party other than yourself. You further agree not to maintain more than one account at any given time. You may terminate Your Account at any time by following the instructions set out at the Site.

2.3 All information relating to booking of the Services Provider’s Services and/or the purchase of the Merchant’s Products will be available, accessible and retrievable upon logging in to your Account. This includes information relating to completed, open or recently made bookings and/or purchases.

2.4 During registration and upon accessing your Account, there shall be an option to sign up and receive, and to opt out of receiving, information emails (such as newsletter, information on offers, and the like). There is always the option to unsubscribe from such information emails at any time by opting out in the Account settings.

2.5 Doveera reserves all rights to suspend and bar your access to and/or ability to use the Site and/or terminate Your Account in the event you are found to be involved in any disruptive activity on the Site including but not limited to wrongful or fraudulent registration of an Account using another’s email address or mobile number without their consent or permission, behaving in a manner that is threatening, inappropriate and/or cause distress and/or fear to the Service Providers and/or Merchants. You also agree that you will not create an account or use the Site if you have been previously barred from the Site by Doveera.

3. Account Responsibility

3.1 As part of the process for creating Your Account, you are required to create a username and a password and you shall furnish both that is appropriate and non-offensive in nature. Doveera retains the sole discretion to disallow or remove any user name that Doveera in its sole and unfettered discretion deems inappropriate, offensive or potentially violates the rights of any third party without the need to assign any reason whatsoever. The username and password should only be known to you and must be kept confidential and you are solely and fully responsible for maintaining the confidentiality of your username and password at all times. You are solely and entirely responsible for all your activities related to Your Account and not allow any third party to use Your Account for any reason or purpose whatsoever. Doveera shall not be liable for any harm caused and/or losses incurred by you as a result of the theft of your username and password and/or your disclosure of your username and password and/or your authorization to allow a third party to access and use the Site using your username and password. You further agree to immediately inform Doveera of any unauthorized use or suspected unauthorized use of Your Account and/or any other form of breach of security. You acknowledge that the complete privacy of your data and messages on the Site cannot be fully guaranteed.

3.2 As the user of the Site, you agree to assume certain responsibilities pertaining to your usage of the Site as well as in relation to your purchase of the Service Providers’ Services and/or Merchants’ Products from the Service Providers and/or Merchants. When purchasing Service Providers’ Services which involves the Services being provided in your home, you agree to ensure that you SHALL take all precautions necessary that is necessary to safeguard your personal safety and property. Doveera SHALL NOT be in any way or manner held liable and/or responsible to you and/or any third party for any criminal and/or negligent acts committed and/or caused whether directly and/or indirectly by Service Providers thorough your usage of the Site that may result in any death, injury and/or loss of property.

3.3 You further agree that you will:

i) keep to the scheduled appointment time agreed between the Service Provider and yourself in respect of the Service Providers’ Services. You agree that if you exceed the appointment time by Ten (10) minutes, the Service Provider shall be at his/her sole discretion to cancel the said appointment and not be compelled to carry out the Service Providers’ Services whereupon the terms set out in Clause 11 hereinbelow shall apply;

ii) create in your home (or any other venue in which you require Service Providers to perform the Service Providers’ Services) a safe, clean and reasonable comfortable environment in which Service Providers can carry out Service Providers’ Services;

iii) provide the necessary facilities including but not limited to the necessary work-space, bathroom facilities (if needed), lighting, electrical outlets, hot and cold running water to deemed necessary to enable Service Providers to carry out Service Providers’ Services;

iv) refrain and cause any other third party present in your home (or any other venue in which you require Service Providers to perform the Service Providers’ Services) to refrain from making any speech, engage in any action, conduct and/or personal display that any reasonable person would find offensive, intimidating, hostile, indecent, abusive and/or that would be considered as a form of harassment;

v) in cases where you have a child and/or children aged 12 years or lower, to have adequate childcare provided by a third party so as not to interfere with ability of Service Providers to carry out Service Providers’ Services;

vi) to secure and/or to confine your pets to a room so as not to interfere with ability of Service Providers to carry out Service Providers’ Services;

Doveera and /or Service Providers reserve the right to cancel and/or refuse the provision of Service Providers’ Services to you in the event any of the conditions set out in i) to vi) above are not complied with and/or in the event any Service Providers feel unsafe or uncomfortable in providing Service Providers’ Services at your home or any other venue in which you require Service Providers to perform the Service Providers’ Services). In such an event, the Sale Price paid by you for the Service Providers’ Services whether already performed or not shall be subject to the terms set out in Clause 11 hereinbelow.

4. Guest Access

4.1 Your access to the Site as a guest shall be limited, insofar as you are able to browse and peruse the Services and/or the Products available and glimpse into the functionality of the Site, but having no permission rights to utilise the facilities of the Site, without first signing up as a registered member and maintaining an Account.

4.2 Notwithstanding your limited access to the Services and/or Website and/or the App, Doveera shall hold you responsible and/or liable to adhere to all the applicable terms and conditions herein contained in your browsing and perusing of the Site and glimpse into the functionality of the Site, and any breach thereof shall hold you responsible and/or liable in the same manner and category as if you were a registered member maintaining an account.

5. Payment

5.1 You agree that the Site is a platform in which the Service Providers and/or the Merchants are able to offer the Service Providers’ Services and/or Merchants’ Products directly to you. You further agree that you will fully pay the respective Service Providers’ Services and/or Merchants’ Product in accordance with the amount quoted on the Site (“the Sale Price”). Payment of the Sale Price shall occur in the following manners:

i) Upon your confirmation to purchase the Service Providers’ Service and/or the Merchants’ Products, the Site shall direct you to a payment gateway operated by an independent third party provider (“Payment Gateway”). By agreeing to use the Payment Gateway, you agree to be bound by terms and conditions of the respective provider of the Payment Gateway. Doveera SHALL NOT be in any way responsible for any losses incurred or suffered by you including but not limited to the theft and/or unauthorized use of your credit card, debit card and/or any payment facilities used by you as a result of your usage of the Payment Gateway to pay for the respective Service Providers’ Services and/or Merchants’ Product. By providing the Payment Gateway with your payment information, you agree that Doveera is authorised to immediately invoice Your Account for the Sale Price due and payable without the need to for Doveera to provide further details and/or obtain further consent from you.

ii) Payment of the Sale Price shall, for all intents and purposes, be considered the same as payment directly by you, as a Client or otherwise, to the Service Providers and/or Merchants for the Service Providers’ Services and/or Merchants Product and shall signify the existence of contractual obligation on the part of the of the Service Providers and/or Merchants to provide and supply of the Services and/or the sale and supply of the Products to you. The Sale Price will be inclusive of applicable taxes where required by Malaysian law, such as Goods and Services Tax (“GST”). The Sale Price paid by you is final and shall be subject to to the terms set out in Clause 11 hereinbelow.

6. Ownership and Use of the Site

6.1 The Site, any contents found in the Site and the infrastructure used to provide the platform for the Site are proprietary to Doveera, its affliates, Service Providers, Merchants and other content providers. By accessing the Site and your agreeing to these Terms and your compliance thereof, Doveera grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:e
terms of this Agreemen
(i) download, install, access and use the Site on your computer system and/or personal device solely for the purpose of accessing and purchasing the Service Providers’ Services and/or the Merchants’ Products; and

(ii) access and use of any content, information and related materials that may be made available through the Site in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by Doveera, its affliates, Service Providers, Merchants and other content providers. Any rights not expressly granted herein are expressly reserved by Doveera, its affliates, Service Providers, Merchants and other content providers.

7. Warranties and Guaranties

7.1 As a condition for the use of this Site, you represent and warrant that:

i) you have the right, authority and legal capacity to enter into this Agreement and that you shall not access this Site nor make use of this Site to make purchases for Service Providers’ Services and/or the Merchants’ Products if you are not at least 18 years old;

ii) you are not barred or in any way restricted from purchasing and receiving either the Service Providers’ Services and/or the Merchants’ Products;

iii) you will at all times comply with the these Terms;

iv) you will only purchase the Service Providers’ Services and/or the Merchants’ Products for your own personal use and enjoyment or as a gift for another person;

v) you shall provide true, accurate, complete and current information (“Client Information”) required by Doveera for use of the Site;

vi) you will ensure that the Client Information submitted by you to the Site is accurate and updated at all times.

7.2 Doveera reserves all rights to immediately terminate your access to and/or usage of the Site in the event you are found to be in breach of any of the conditions set out in these Terms.

7.3 Your right to use the Site as provided for in Clause 6 hereinabove is subject to the following restrictions:-

(i) You will not in any manner license, sell, rent, lease, transfer, assign , distribute, host an/or commercially use an/or exploit the use of the Site;

(ii) You will not access the Site to modify, make derivative works of, make copies of, disassemble, reverse compile or reverse engineer the Site which shall include but not be limited to its processes to build a similar or competitive Site;

(iii) You will only hire or otherwise engage the Service Provider to provide the Service Provider’s Services through the Site and not through other means and/or privately on your own; and

(iv) You will not, unless with prior express written permission first having being obtained, copy, reproduce, distribute, republish, post and/transmit any part of the Site in any form or by any means.

(v) You will NOT use the Site for any purpose(s) which may:

(a) breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;

(b) be fraudulent, unlawful and/or for criminal purposes;

(c) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, defamatory or untrue;

(d) intentionally, knowingly or unknowingly impersonate any other person or body or misrepresent a relationship with any person or body;

(e) be contrary to any specific rule or requirement that is stipulated on the Site (whether it be in relation to a particular part or in general);

(f) involve your use, delivery or transmission of any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any computer system, data or personal information;

(g) remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Site;

(h) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Site;

(i) link to, mirror or frame any portion of the Site without express permission by Doveera;

(j) cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; and/or

(k) attempt to gain unauthorised access to or impair any aspect of the Site and/or its related systems or networks.

7.4 In addition, you agree that the entire risk arising out of your use of the Site remains solely with you, to the full extent permitted under the laws of Malaysia.

7.5 You also agree and acknowledge that these Terms and restrictions shall automatically apply to any future release, update or other additions to the Site.

7.6 Doveera represents and warrants that Doveera shall:

(i) use it best efforts and endeavours to ensure and/or to procure that the Site shall be error-free, contain accurate, complete and up-to-date information and/or data to facilitate your ease of use of the same;

(iii) use its best efforts and endeavours to ensure that the Site is accessible 24 hours a day, 7 days a week;

(iv) use its best efforts and endeavours, upon the conclusion of conducting any repairs, maintenance works, upgrading work to ensure that the Site is operational and that regular or normal activity at the Site is achieved at the soonest time possible;

7.7 Doveera DOES NOT in any way or manner state, warrant and/or guarantee that:

(i) any of the Terms herein contained are intended to be construed as a warranty and/or a guarantee of uninterrupted, timely or error-free access to the Site;
(ii) that the Site will be compatible with all hardware and software which you may use;
(iii) Doveera shall be responsible or liable for any viruses, unsolicited emails or any computer programming routines that are intended to cause damage to and/or that detrimentally interfere with and/or surreptitiously intercept and/or expropriate any system, data or personal information, which may directly or indirectly affect any of your computer system and/or personal device software, data or other property as a result of your access and/or use of the Site;

(iv) Doveera shall be responsible and/or liable for the actions of third parties;

(v) Doveera shall be responsible and/or liable for any reliance placed by you and/or any third party on the quality, suitability, safety of the Services and/or ability of the Service Providers and/or the quality, suitability and safety of the Products and/or the conduct of the Merchant; and

(vi) Doveera makes no representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability or availability of the Site and/or the that access to the Site will be uninterrupted or error-free.

8. Modification of the Site.

8.1 The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. Doveera reserves all rights to amend the Terms related to the Site from time to time by deleting and/or adding such terms that Doveera in its sole discretion deems necessary with such due notice provided. Such amended Terms will be effective upon the posting of the amended Terms on the Terms of Use page and shall be deemed as a part of the Terms and shall prevail over all prior Terms in relation to the Site in the event of a conflict.

8.2 You agree that the posting of the amended Terms on the Terms of Use Page shall constitute adequate notice to inform you of such amendments to the Terms and your continued access and/or use of Site after the posting of the amended Terms constitutes your consent to be by bound the amended Terms as amended.

9. Access to the Site

9.1 Notwithstanding any of the provisions contained in these Terms, Doveera retains the right at all times, at our sole and unfettered discretion, to deny your access and/or your ability to the Site without having to assign any reason whatsoever. You agree and acknowledge that you shall not in any way hold Doveera liable in any manner whatsoever resulting from the denial of your access to and/or your ability to the Site. While we shall use all reasonable effort to keep the Site accessible, you understand and acknowledge that there may be occasions in which service interruptions may occur resulting from events within our control (such as routine maintenance) and outside our control which may affect your accessibility to the Site and/or the use of the Site. You also agree and acknowledge that you shall not in any way hold Doveera liable in any manner whatsoever resulting from any service interruption that affects your access to and/or ability to use the Site.

10. User Provided Content

10.1 Doveera may, at its sole and unfettered discretion, permit you to submit, upload, publish or otherwise make available through the Site content or information, including feedback related to the Site (‘User Content’). By submitting such User Content, you agree to grant Doveera a worldwide, perpetual, irrevocable, transferrable, royalty-free license with the right to assign or sublicense, to use, copy, modify, create derivate works of, distribute, publicly display, publicly perform, and otherwise use in any manner in all formats and distribution channels now known or hereafter devised the said User Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
10.2 All User Content submitted through the Site shall be in accordance and shall fall subject to the Terms herein contained and, in particular, the “Restrictions” terms set out above.
10.3 Any disputes with regard to infringement of any solely / exclusively owned IP Rights of Doveera shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.
10.4 In the event of any dispute related to the infringement of any IP Rights owned by Doveera, any suspected, purported or alleged infringer, whether it be client, Service Provider, Merchant or otherwise, shall have his / her membership account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out at the Terms herein below.

11. Cancellation/No Show/Disputes

11.1 In the event the Service is not performed by the Service Provider either due to i) your failure to show up for the appointment ii) the decision by the Service Provider not to provide the Service and/or to discontinue to provide the Service pursuant to any reason as set out in Clause 3.3 hereinabove, the non-performance shall be treated as a cancellation/no show on your part. You may cancel your appointment at least 24 hours before the start of the appointment. Please contact our administrator at admin@onglamapp.com.

11.2 In respect of the Merchants’ Products, you agree that you accept and shall at all times adhere to the respective Merchants’ cancellation and/or return policy in respect of the Merchants’ Products. You are therefore advised at all times to be aware of the Merchants cancellation and/or return policy and only agree to purchase the Merchants’ Products upon you being satisfied the respective Merchants’ cancellation and/or return policy.

11.3 In the event you are unsatisfied with the Service Providers’ Services and/or Merchants’ Product, you are required to lodge a dispute report with Doveera within 3 days from the day the Service is performed or ought to have been performed and/or within 3 days from the day the Product is delivered to you failing which you are deemed to be satisfied with the Service Providers’ Services and/or Merchants’ Product.

11.4 Whilst Doveera may endevour to assist you to resolve any dispute arising with either the Service Providers and/or the Merchants, you agree and accept that Doveera shall not be responsible and./or liable to you in any manner whatsoever in respect of any disputes arising between you and the Service Provider and/or the Merchant.

12 Third Party Services and Content

12.1 You agree that the Site may be made available or accessed in connection with third party services and content (including advertising and services offered by the Service Providers, the Merchants and/or any third parties)(collectively “Third Party Sites”) that Doveera does not control. Accordingly, you acknowledge that different terms of use and privacy policies may apply to your access and/or use of such Third Party Sites. You therefore agree that your relationship with operators, owners and/or providers of the Third Party Sites is governed solely by your agreements with the said parties. Unless expressly agreed or stated otherwise, Doveera does not endorse nor control the services provided for in the Third Party Sites as well as the contents of the Third Party Sites. You agree and acknowledge that Doveera may not review any of the contents of the Third Party Sites for its accuracy, legality and suitability amongst others and as such in no event shall Doveera be responsible or liable for the contents of the Third Party Sites, any products or services sold through and/or provided through the Third Party Sites. Doveera further shall not be in any way responsible as a result of any of your personal information on the Site being accessed and/or divulged without your authorization as a result of your use and/or access to the Third Party Sites.

13 Limitation of Liability and Indemnity

Limitation of Liability

13.1 Doveera SHALL NOT be liable in any manner whatsoever for any direct or indirect, exemplary, incidental, general, special or consequential damages, including but not limited to lost profits, lost data, loss of goodwill, emotional distress, personal injury or property damage or loss related to, in connection with, or otherwise resulting from any use of the Site and/or the Services, even if the possibility of such damages have already been advised. Further, Doveera SHALL NOT be liable for any any direct or indirect, exemplary, incidental, general, special or consequential damages, including but not limited to lost profits, lost data, loss of goodwill, emotional distress, personal injury or property damage or loss related to, in connection with, or otherwise arising out of:

(i) your use or reliance on the Site and/or Services or your inability to access the Site and/or use the Services; or

(ii) any direct transaction or relationship between you and the Service Providers and/or the Merchants, even if Doveera has been advised of the possibility of such damages; or

(iii) any delay or failure in performance of the Services by the Service Provider and/or the delivery of the Products by the Merchants; or

(iv) any form of harassment and/or personal injury and/or loss of or damage to property suffered by you which is caused either by the Service Providers, the Merchants and/or any Third Party as a result of your use and access of the Site and/or as a result of your purchasing the Service Providers’ Services and/or as a result of you purchasing the Merchants’ Products through the Site; or

(v) any form of harassment and/or personal injury and/or loss of or damage to property suffered by you as a result of any of your personal information on the Site being accessed by either by the Service Providers, the Merchants and/or any Third Party; or

(vi) any damage to your computer system and/or personal device resulting from your use and/or access to the Site; or

(vii) any unauthorized access to the Site through Your Account and/or any alteration to and/or unauthorized access and/or any theft of your personal data; and

(viii) any other matter relating to the Site and/or the Services.
Doveera’s total liability, if any, to any party concerned, including but not limited to you, Service Provider, Merchant and/or any other third party, shall in no circumstances exceed, in aggregate, a sum equal to than RM500.00.

Indemnity

13.2 You agree to indemnify and hold Doveera and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:

(i) your use and access of the Site;

(ii) your breach or violation of any of the Terms herein contained;

(iii) Doveera’s use of your User Content; or

(iv) your violation of the rights of any third party including but not limited to any copyright, intellectual property or privacy right

You further agree that the contents of Clause 12(1) and 12(2) hereinabove shall survive the termination of this Agreement and your use of the Site and/or the Services.

14 Suspension/Termination

14.1 You agree that Doveera may, at its sole and unfettered discretion to:

(i) suspend your right to access and use the Site (including Your Account) or
(ii) terminate this Agreement

in the event you are found to have breached or violated any of the Terms contained herein. Upon the termination of this Agreement, your right to access Your Account and/or the Site shall terminate immediately without the need to provide you with any warning. Termination of Your Account shall result in your User Content being deleted from the Site’s database. Doveera shall not be in any way liable to you in any manner whatsoever as a result of the suspension of your right to access and use the Site or as a result of the termination of Your Account and the deletion of your User Content. You agree that, notwithstanding the termination of this Agreement, all provisions of this Agreement that is capable of subsisting shall continue to subsist and be enforceable against you.

15. Intellectual Property

15.1 For the purpose of the Terms herein and/or the Doveera’s Privacy Policy, intellectual property rights shall include a non-exhaustive list of, amongst others, copyrights, trademarks, patents, designs, methods, knowhows and processes (the “Doveera’s IP Rights”). For avoidance of doubt, Doveera” and “OnGlam” and all related names, design marks logos and slogans are the trademarks of Doveera.

15.2 You agree and acknowledge that Doveera and/or its licensors are the sole owners of all Doveera’s IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Site and all content and material contained therein, with the exception of User Content. All works, content and materials on the Site are protected by the relevant local and international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.

15.3 You agree and acknowledge that no content or material contained on the Site shall be used for any commercial purpose and/or public circulation without the express written permission of Doveera and/or its licensors. Should there be infringement of any of the rights owned by Doveera and/or its’ licensors, all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement, including but not limited to an immediate termination of Your Account.

15.4 Any disputes with regard to Doveera’s IP Rights and/or infringement of Doveera’s IP Rights shall be settled by way of the dispute resolution mechanism as set out in Clause 15.5 herein below.

15.5 The provisions of Clause 15.3 notwithstanding, you agree and acknowledge that in the event of any dispute arises between yourself and Doveera in relation related to any purported infringement of any Doveera’s IP Rights, Your Account may be suspended or frozen immediately without any further notice to you, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in in Clause 17 herein below.

16. Notices

16.1 All notices demands or other communications required or permitted to be given or made hereunder by Doveera shall be in writing and sent by prepaid registered post to your address as contained in Your Account or by electronic mail to your email address as registered in Your Account.

16.2 Any such notice, demand or communication shall be deemed to have been duly served (if given or made electronic means) immediately subject to confirmation of transmission or (if given or made by letter) seven (7) days after posting where the addressee is in another country or two (2) days after posting where the addressee is in the same country and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted.

17. Governing Law and Jurisdcition

17.1 These Terms shall be governed by and construed in accordance with the laws of the Malaysia.

17.2 Any disputes relating the Terms and/or which may be related to or in connection with the Site and/or the usage of the Site shall be resolved by reference to the courts of Malaysia.

18. Time

18.1 Time whenever mentioned shall be of the essence.

19. Headings

19.1 The heading of this Agreement is inserted for the purpose of convenience and shall not affect the construction of this Agreement.

20. Interpretation

20.1 In this Agreement when the context so permits word importing the masculine gender shall include the feminine and neuter gender and the singular to include the plural and vice versa.

21. Severability

21.1 Each of the provisions of this Agreement is severable and distinct from the others and if any time one or more of such provision is or become invalid, void, illegal or unenforceable, the effectiveness and validity of the remaining clauses of this Agreement shall in no way be affected.

22. Amendments and Variations

22.1 You agree that Doveera reserved the rights to make any amendments or variations to these Terms at the sole and unfettered discretion of Doveera and that your continued usage and/or access to the Site subsequent to your receipt of the notice of amendment or variation shall be deemed to be your agreement to accept the aforementioned amendments or variations to these Terms

23. Remedies

23.1 Save where otherwise expressly provided in this Agreement, no remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by Doveera shall not constitute a waiver by Doveera of the right to pursue any other available remedies.

24. Waiver and Indulgence

24.1 No failure or delay on the part of Doveera in exercising nor any omission to exercise any right, power, privilege or remedy accruing to Doveera hereunder upon any default, breach or omission on your part shall impair any right, power, privilege or remedy or be construed as a waiver thereof or an acquiescence of such default, breach or omission, nor shall any action by Doveera in respect of any default, breach or omission or any acquiescence in any such default, breach or omission affect or impair any right, power, privilege or remedy of Doveera in respect of any other or subsequent default, breach or omission on your part.

25. Continuing Effect

All provisions of this Agreement shall so far as they are capable of being performed or observed, continue in full force and effect except in respect of those matters then already duly performed.

 

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