www.loveandlove.com.my (“the Website“) is owned and operated by Lofty Pinnacle Management Sdn Bhd (“LPMSB“)
These terms and conditions, including the terms and conditions set out in Part A and Part B hereunder (“Terms“) constitute a legally binding agreement between LPMSB and you as the Website user (“you“). By accessing the Website, you affirm that you are more than 18 years of age and are fully able and competent and authorised to legally enter into these Terms, and unconditionally accept to be legally bound by these Terms. You are only authorised to use the Website if you agree to abide by these Terms. Please read these Terms carefully as your entry, access and use of the Website is governed by these Terms and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave the Website and discontinue using it and any of the services provided therein.
Please note that children under the age of 18 years old (“Minor“) shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Website and/or when using the services that are available on the Website. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Website and/or use any of the services available in the same, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the online conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Website and the services contained therein, and (c) the consequences of any misuse by the Minor(s), including but not limited to transactions entered into by the Minor(s) from such access and use.
In case of violation of these Terms, LPMSB reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to the Website, both now and in the future.
LPMSB reserves the right to modify, update, and/or amend these Terms from time to time at its sole and absolute discretion. All modifications, updates or amendments will be posted on this page and by continuing to use the Website after such modifications, updates or amendments have been posted you shall be deemed to have agreed to and accepted such modifications, updates or amendments. You should therefore read the Terms carefully each time you visit the Website.
LPMSB reserves the right to update or modify the Website from time to time. Changes may be made to the Website from time to time at the sole and absolute discretion of LPMSB.
LPMSB further reserves the right to deny or restrict access to the Website to anyone at any time and/or to block access from a particular internet address to the Website, at any time, without ascribing any reasons whatsoever.
The Website is controlled and offered by us from our facilities in Malaysia. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
The Website may contain links to websites operated by other parties. LPMSB provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of LPMSB, and LPMSB is not responsible for the content available on the other sites. Such links do not imply LPMSB’s endorsement of information or material on any other site and LPMSB disclaims all liability with regard to your access to and use of such linked websites.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created between you and LPMSB by these Terms.
Except as explicitly stated otherwise, any legal notices from you to LPMSB shall be served via mail at the following address: 3A Pusat Perdagangan Canning 2, Pusat Perdagangan Canning, 31400 Ipoh, Perak and via email at the following email address: email@example.com or firstname.lastname@example.org or email@example.com or firstname.lastname@example.org . Notices from LPMSB to you may be served via mail, email, and facsimile at the addresses provided by you during the registration process. Notices shall be effective: (a) if delivered personally, on the date of delivery unless otherwise required by law; (b) in the case of domestic mail, if transmitted by prepaid registered mail, on the date falling three (3) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent; (c) in the case of international mail, if transmitted by prepaid registered air-mail, on the date falling fourteen (14) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent; (d) if transmitted by facsimile, on the date of transmission, provided that it shall be sufficient to show that the facsimile has been despatched with the appropriate answer back code received to prove that such facsimile has been duly sent; and in the case of email or other means of electronic telecommunication, notices shall be deemed received 24 hours after an email is sent and/or upon confirmation of receipt by addressee, unless the sending party is notified that the email address is invalid.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.
These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning the Website.
The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
These Terms shall be construed and governed by the laws of Malaysia and by accessing the Website, you agree and submit to the non-exclusive jurisdiction of the Courts of Malaysia.
PART A: USE OF THE WEBSITE
Restriction on Use of Contents
All rights, title and interest in the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents“), are either owned or controlled by LPMSB or licensed to it.
All Contents and the general design and content thereof, are protected by copyright, trademark and other laws relating to intellectual property rights.
No materials from the Website, including the Contents, may be modified, used, displayed, reproduced, duplicated, copied, sold, resold, republished, distributed and/or exploited in any way whether for commercial or non-commercial purposes, without the prior written permission of LPMSB.
You shall indemnify LPMSB against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.
LPMSB grants you permission to use the Contents strictly in accordance with these Terms, provided always that:
(a) Your use of the Website and the Contents as permitted is strictly and solely for your information and for your personal use for the purchase of the products sold and/or engagement for services rendered by us;
(b) You will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and/or the Contents in any medium or format without our prior written consent;
(c) You will not alter or modify any part of the Website other than as expressly permitted by us;
(d) In the event you have been permitted to use any Contents, you will retain and display the credits, copyright notices (including without limitation to our name, by-lines and the original source of the Contents) and trademarks belonging to LPMSB provided with the Contents;
(e) Upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and
(f) You will otherwise comply with the terms and conditions set out in these Terms.
By accepting these Terms , you hereby consent to our processing of your personal data as stipulated in our PDPA Notice, which is accessible from the following URL: http://www.loveandlove.com.my/pdpa. We confirm that all personal data provided to us will not be used for any reason other than those stated in our PDPA Notice. You may withdraw your consent. However, please note that the withdrawal of your consent may affect the Publication (defined below) and we shall not be anyway liable for any consequences (loss or damage) which may arise as a result of such withdrawal.
The Website has been compiled in good faith by LPMSB, but no representation is made or warranty given as to the completeness and accuracy of the information presented therein.
Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LPMSB (AND/OR ITS RELATED ENTITIES), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LPMSB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LPMSB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LPMSB IS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.
LPMSB does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials in the Website, including the Contents or the results of their use.
LPMSB does not warrant that the materials contained in the Website, the Contents, and/or LPMSB’s servers that it makes available are free of any virus or harmful elements.
All Contents are provided without any warranty and on an “as is where is basis”- any use of the materials is at your own risk. LPMSB disclaims all warranties and representations, whether express or implied, by law or statute – in particular, the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the Contents for any particular purpose and/or that the Contents do not infringe any third party right.
The electronic transmission of any document or information from you through or to LPMSB is entirely at your own risk.
To the maximum extent allowed by applicable law, under no circumstances, save through its own negligence or default shall LPMSB be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents. Any website may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that LPMSB may be liable for shall not in any case exceed the lower of the actual amount paid by the relevant user/claimant to LPMSB or the value of the agreement between the Advertiser and LPMSB in respect of advertisements in Publications pursuant to Part B below.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless LPMSB, its affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(a) Your use of and access to our Website;
(b) Your violation of any term of these Terms; or
(c) Your violation of any third party right, including without limitation any intellectual property, property, or privacy right.
This provision will survive these Terms and your use of the Website.
Neither party shall be liable to the other party for any delay in or failure to perform any of its obligations under these Terms due to any event of Force Majeure. Provided that the party affected by Force Majeure shall forthwith notify the other party in writing, and within fourteen (14) days thereof provide detailed information of the event and the reasons for its inability to perform the relevant obligation, and use and continue diligently to use all reasonable efforts to remove the cause of the Force Majeure. Each party undertakes, notwithstanding that it is not the party whose performance is affected, to co-operate and use best endeavours in removing the cause of the Force Majeure. Either party shall have the right to terminate these Terms if any party shall be unable by reason of any event of Force Majeure to render effective performance of these Terms as contemplated by the parties for a continuous period of three (3) months or for a period aggregating no less than six (6) months in a calendar year, provided however that the party seeking to terminate must not be in default of the provisions of this provision. You shall not be entitled, however, to claim Force Majeure for breach of any obligation relating to payment of any sum due or payable under these Terms to LPMSB. “Force Majeure” shall include but shall not be limited to exceptional adverse weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, impact by aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorism, civil commotion, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods and materials, acts or regulations of government and political interferences with the activities of any of the parties, outbreaks of infectious diseases, or death or illness of any essential personnel.