Welcome to the Paradesa website (our “Website”), owned and operated by Paradesa Ventures (“Company,” “we,” or “us”). This page explains the terms by which you may use our Website, including the purchase of Company products (“Products”) thereon, and our online and/or mobile services, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, purchasing Products, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms and Purchase Terms (these “Terms”),  to the collection and use of your information as set forth in the Company Privacy Policy and to our Return and Warranty Policy each of which are hereby incorporated by reference.  These Terms applied to all visitors, users, and others who register for or otherwise access the Service (“Users”).

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

Please read these Terms carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Use of Our Website

1. Eligibility

This is a contract between you and the Company. You must read and agree to these terms before using the Company Service. If you do not agree, you may not use the Service or purchase any Product. You may purchase the Products only if you can form a binding contract with the Company, and only in compliance with these Terms and all websitelicable local, state, national, and international laws, rules and regulations. Any use or access of the Service by anyone under 13 is strictly prohibited and in violation of these Terms.

2. Company Service and Website

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

We may make available software to access the Service via a mobile device (the “website”). To use the website you must have a mobile device that is compatible with the website. Company does not warrant that the website will be compatible with your device. You may use mobile data in connection with the website and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable licence to use a compiled code copy of the website for one Company account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the website, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the website to any third party or use the website to provide time sharing or similar services for any third party; (iii) make any copies of the website; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the website, features that prevent or restrict use or copying of any content accessible through the website, or features that enforce limitations on use of the website; or (v) delete the copyright and other proprietary rights notices on the website. You acknowledge that the Company may from time to time issue upgraed versions of the website, and may automatically electronically upgrade the version of the website that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will websitely to all such upgrades. Any third-party code that may be incorporated in the website is covered by the websitelicable open source or third-party licence EULA, if any, authorising use of such code. The foregoing licence grant is not a sale of the website or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the website (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms. If the website is being acquired on behalf of the Malaysian Government, then the following provision websitelies. The website will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the Malaysian Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. 

The website originates in Malaysia, and is subject to Malaysia export laws and regulations. The website may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Malaysia. In addition, the website may be subject to the import and export laws of other countries. You agree to comply with all Malaysia and foreign laws related to use of the website and the Service.

3. Company Accounts

Your Company account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Company account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify the Company immediately of any breach of security or unauthorised use of your account. Company will not be liable for any losses caused by any unauthorised use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Company your email address you consent to using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by contacting us at [email protected] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

4. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Company Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Company Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Order and Payment Terms

1. Reservations. If Company offers the ability to reserve Products (“Reservations”), such Reservations are not transferable.  If you transfer your Reservation, the Company may cancel your Reservation and refund any amounts that you paid for such Reservation.  You understand and acknowledge that Reservations do not constitute an order for Products or any promise of shipment, and Reservations are subject to full payment and your provision of other information.

2. Placing an Order. After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Company’s acceptance of your order. Without prior notification, the Company maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. The Company may, but is not obligated to, investigate your order for violation of these terms, including without limitation to verify your credit card information. The Company may cancel your order in its sole discretion if the Company believes that you have violated the terms of this Agreement. Company reserves the right not to sell to resellers, dealers, or distributors. If your order is cancelled or refused, we will attempt to notify you using the email address or phone number you have given us with the order.

3. No Sales to Children; Use of Products. Company does not sell Products through the Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.  

4. Payment Methods. Payment for Products purchased on our Service is conducted through Ecwid or another third-party payment processor.  Payment may be subject to such payment processor’s terms and conditions.  Company will not fulfil any Product order without authorization validation of your purchase.  You represent and warrant that the payment and shipping information that you provide is accurate and that you have the right to purchase Products using such payment information.  We may offer you the ability to finance your purchase of Products through the Service via a third-party provider. The Company will use reasonable efforts to let you know what taxes and charges to your purchase of Products, however, we are not responsible if additional taxes or fees are assessed by your local government.

5. Offers. You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time.

6. Colours and Other Features. We have endeavoured to be as accurate as possible in describing and displaying the colours and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colours, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.

7. Changing Your Order Information. If you’ve submitted an order for Products, and we haven’t yet shipped your Products, you may change your order information by contacting us at [email protected]

8. Shipping. After we’ve received your payment, we will ship you the Products that conform to your order.  We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as web site liable shipping and handling fees) that we may disclose to you at the time of your purchase.  Please note that you may be required to sign for delivery of Products. Processing and shipment of your package will take 2-5 business days and Shipping will usually take 3-7 Business Days for customers located in Malaysia and 7-21 business days for anyone outside of Malaysia. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold the Company liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from the Company, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action.  If available in your delivery area, you may also have the option of selecting delivery through a third-party provider.

9. Returns and Warranty. Company will provide refunds for Products purchased through our Website solely in accordance with our Return and Warranty Policy 

Privacy

We care about the privacy of our users. You understand that by using the Service or purchasing Products you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed accordingly.

Security

Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Copyright Complaints

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorised to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed.

Identification of the material that is claimed to be infringing and where it is located on the Service;

Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and email address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other websitelicable laws.

In accordance with the DMCA and other website liable law, Company has adopted a policy of terminating, in website propriety circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Links and Information

The Service may contain links to third-party materials and services that are not owned or controlled by the Company, including without limitation third-parties that provide delivery or financing services. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not applied to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any website liable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your misuse of the Products; (vii) your wilful misconduct, or (vii) any other party’s access and use of the Service with your unique username, password or other website security code.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by law, Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service or Products; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder or RM100.00, whichever is greater.

This limitation of liability section whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall be to the fullest extent permitted by law in the jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not be applicable to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not be extent prohibited by law.

The Service is controlled and operated from facilities in Malaysia. Company makes no representations that the Service or Products are available for use in other locations. Those who access or use the Service or Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Malaysia and local laws and regulations, including but not limited to export and import regulations. You may not use the Service or purchase the Products if you are a resident of a country embargoed by Malaysia, or are a foreign person or entity blocked or denied by the Malaysian government. Unless otherwise explicitly stated, all materials found on the Service and Products are solely directed to individuals, companies, or other entities located in Malaysia.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

1. Governing Law. You agree that: (i) the Service shall be deemed solely based in Malaysia; and (ii) other Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Malaysia. These Terms shall be governed by the internal substantive laws of the Malaysia, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law. The websitelication of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, miswebsiteropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the proper forum for any website deals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

2. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the Company. For any dispute with the Company, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (30) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

3. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service and Products for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

General

1. Assignment. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

2. Notification Procedures and Changes to these Terms. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may do email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms.  If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service or purchase Products.

3. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service and the Products, shall constitute the entire agreement between you and Company concerning the Service and the Products. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

5. Expiration of Claims. Any claim or cause of action you may have with respect to Company, the Service or the Products must be commenced within three (3) months after the claim or cause of action arose.