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DISCLAIMER
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1.
AGREEMENT TO ACCESS
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By accessing this
Website, the User hereby accepts without limitation or
qualification, all of these Terms and Conditions which
take effect on the date which the User first accesses
and uses the Website. The User is consenting to be bound
by and is becoming a party to this agreement. If these
Terms and Conditions are not accepted in full, the use
of this Website must be terminated immediately.
2.
DEFINITIONS & INTERPRETATIONS
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"User" means the party
who has agreed to subscribe to or utilize the
Product/Services stated herein and/or any person or User
accessing or utilizing this Website.
"Product/Services" means
any functions, features, service-related products or
facilities or services made available by IRAH ENTERPRISE
from time to time subscribed or to be subscribed by the
User in connection with the Product/Services.
IRAH ENTERPRISE
(001536013-T) is a company incorporated in Malaysia
under the Companies Act, 1965 to provide the
Products/Services.
"Website" means the
Internet address www.irah-healing.com including all the
information and services made available there by IRAH
ENTERPRISE which is subject to change from time to time.
Unless the context
otherwise requires, words denoting the singular number
shall include the plural and vice versa and words
denoting natural person shall include incorporated
and/or unincorporated organization.
Words denoting the
masculine gender shall include the feminine and neuter
genders and vice versa.
3.
DISCLAIMER
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IRAH ENTERPRISE disclaims
all warranties relating to the content, information,
services, products or materials included on this Website
including but not limited to, all warranties of
merchantability, fitness for a particular purposes,
title, non-infringement, compatibility, security and/or
accuracy. In no event shall IRAH ENTERPRISE and its
respective agents and representatives; suppliers,
vendors or merchants who have a presence on this Website
be liable to the User or anyone else for any loss or
injury or any direct, indirect, special, exemplary,
consequential damages, or any damages whatsoever
including but not limited to loss of use, data, revenue
or profits, whether in action of contract, negligence or
other tortuous action, arising out of or in connection
with your access, use of or your inability to access or
use this Website.
IRAH ENTERPRISE does not
warrant that the functions contained in the material
contained in this Website or any other third party
websites will be uninterrupted or error free, that
defects will be corrected, or that this Website or the
server that makes it available are free of viruses or
bugs or represents the full functionality, accuracy,
reliability of the materials.
Access to this Website is
provided on an "as is" and "as available" basis. IRAH
ENTERPRISE shall not be liable for and makes no express
or implied representation or warranties of any kind in
relation to the services including but not limited to:
· availability,
accessibility, timeliness and uninterrupted use of the
Website;
· sequence, accuracy,
completeness, timeliness or the security of any data or
information transmitted using the Website;
· sequence, accuracy,
completeness, timeliness or the security of any data or
information provided to the User.
In compiling the
information contain on and accessed through this Website
("Information"), IRAH ENTERPRISE has used its best
endeavors to ensure that the information is correct and
at the time of publication but takes no responsibility
for any error, omission or defect therein. IRAH
ENTERPRISE and its employees, agents and consultants
exclude all liability for any loss or damage (including
indirect, special or consequential loss or damage)
arising from the use of, or reliance on, the Information
whether or not caused by any negligent act or omission.
4.
LINKS
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This Website may contain
links to other websites including third party websites.
The User acknowledge and agree that each of those
websites is governed by their respective Terms and
Conditions which the User agreed to abide by when using
or accessing those websites. The terms and conditions
therein contained are enforceable directly against you
on it own behalf by the respective owners of those
websites. IRAH ENTERPRISE is not responsible for the
condition or content of those websites as they are not
under the control of IRAH ENTERPRISE. The link(s) from
or to websites outside this Website are meant solely for
the User's convenience only and shall not be construed,
expressly or impliedly, as authorization, endorsement,
sponsorship nor any partnership by IRAH ENTERPRISE for
those websites or the products or services provided
therein. The User shall bear all risk in accessing these
websites and in the using of the products and services
contained therein. IRAH ENTERPRISE is not responsible
for any transactions the User may perform on those
websites.
5.
RULES OF USE
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This is a licensing, not
a sale. IRAH ENTERPRISE continues to own the proprietary
rights of the Product/Services. IRAH ENTERPRISE hereby
grants to the User who have subscribed the
Products/Services a perpetual, non-exclusive,
non-transferable right to use. Except as otherwise
expressly permitted in another IRAH ENTERPRISE agreement
to which User is a party such as a distribution
agreement, User may not: · decompile, disassemble,
reverse engineer, or otherwise attempt to derive the
source code or accompanying materials (if applicable)
for the Product/Services; · redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer
rights to the Product/Services; · remove or alter any
trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Product/Services or
otherwise that may contained in this Website; · publish
any results of benchmark tests run on the
Product/Services to a third party without IRAH
ENTERPRISE’s prior written consent. PROHIBITED USE
For great certainty, the
Product/Service is strictly prohibited to use for the
following purposes:
· Containing or
transacting pornography & adult content (pictures,
videos, DVDs, magazines or whatsoever forms), nudity,
adult subscription services or chat, web cams or links
to pornographic sites
· Containing any content
that is obscene, defamatory or libelous in nature
· Discuss and spread
rumor or topics of potentially sensitive subject
matters, including but not limited to political, racial,
religion, social issues, contraband or crime
Firearms, ammunition,
high capacity magazines, air guns or whatsoever
hazardous materials Fireworks or pyrotechnic devices or
supplies Alcoholic beverages and/or Tobacco Products or
Tobacco Substitutes (unless official permission is
obtained from local authority) Drug paraphernalia,
prescription drugs, unapproved drugs Gambling
transactions or sports gambling prognostication Any
product or service enabling consumers to circumvent
locks, programming codes or security features, or to
gain access to features or services for which they have
not expressly paid. The User further undertakes NOT to
use the Website or Product/Services in a manner that may
infringe the rights or restrict the use and enjoyment of
this Website by any third party, and this includes:
· conduct or material
which is unlawful, offensive, obscene, indecent,
defamatory, seditious, abusive or hateful, false, racial
or which may harass, distress or cause inconvenience to
any person or invade another's privacy, constitutes an
illegal threat or constitutes junk mail, encourages
conduct that would constitute a criminal offence, give
rise to civil liability or otherwise violate any local,
state, national or international law or regulation;
· use of material in a
manner which infringes any copyright, trademark or any
intellectual property right;
· use of material
protected by trade secret without due authorization;
· unauthorized access or
use of data or systems;
· using or attaching any
viruses which could damage, interfere, intercept or
expropriate any system; or interfering with the service
of any User, host or network;
· circumventing any user
authentication or security of any host, network or
account (cracking or hacking); and
IRAH ENTERPRISE reserves
the right to investigate potential abuses of the Rules
of Acceptable Use and IRAH ENTERPRISE will fully
co-operate with investigations of suspected criminal
violations, violations of system or network under the
leadership of law enforcement or relevant authorities.
IRAH ENTERPRISE further reserves the right to suspend or
terminate the User's right to access this Website if is
discovered that you have provided us with false or
misleading registration or other information or violated
or attempted to violate any term of the Rules of Use.
6.
INDEMNIFICATION & REMEDIES
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The User agrees to
indemnify or keep IRAH ENTERPRISE indemnified and hold
IRAH ENTERPRISE harmless against all claims or liability
asserted against IRAH ENTERPRISE arising out of or in
connection with any breach by the User or anyone acting
on his behalf of any of the terms of this Agreement.
IRAH ENTERPRISE shall not
be liable and responsible for any act conducted by the
User in the use of materials which infringe any
copyright, trademark or any intellectual property right,
or pornography & adult content or whatsoever breach
stated above. The User shall be solely liable for any
prohibited act that he had committed. IRAH ENTERPRISE
reserves the rights to claim indemnity and compensation
from the User in connection with any loss, interruption,
damage, proceeding, court action, or any other pecuniary
as well as reputation and goodwill losses arising from
the User’s default.
IRAH ENTERPRISE entire
liability and the User’s exclusive remedy, with respect
to any claim arising out of the User’s use of the
Product/Services shall be:-
· Corrective action and
technical assistance or guidance provided by IRAH
ENTERPRISE ; or
· Refund the fee paid in
respect of the subscription, provided IRAH ENTERPRISE
determines in its sole and absolute discretion that the
foregoing remedy is unavailable or unsuccessful
IRAH ENTERPRISE shall not
be liable for any failure to perform its obligations
herein caused by an act of God, insurrection or civil
disorder, military operations or terrorism, all
emergencies, acts or omission of Government or any
competent authority, industrial disputes of any kind,
fire, lightning, explosion, flood, acts or omission of
persons or bodies for whom IRAH ENTERPRISE has no
control over or any cause outside IRAH ENTERPRISE
reasonable control.
7.
TERMINATION AND SUSPENSION
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Without prejudice to any
other rights, IRAH ENTERPRISE may terminate or suspend
this Agreement if User breaches any of its terms and
conditions. Upon termination, User shall destroy all
copies of the Product/Services. Termination does not
relieve the User of his responsibilities to pay any
amounts due to IRAH ENTERPRISE under this Agreement.
8.
PROPRIETARY RIGHTS
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This Website,
Products/Services and its contents including but not
limited to text, graphics, images, logos, button icons,
audio clips, and software are owned or controlled for
these purposes by IRAH ENTERPRISE or its content
suppliers and are protected by copyright, trade marks
and other laws of Malaysia. You may view this Website
and its contents using your web browser and save an
electronic copy, or print out a copy, of parts of this
Website solely for your own information.
Except as provided in the
foregoing, IRAH ENTERPRISE does not grant the User or
any person any right to use, reproduce, copy, modify,
transmit (including broadcast), display, publish, sell,
license, create derivative works, publicly perform, or
distribute by any means, method, or process whatsoever,
now known or hereafter developed, any of the content of
this Website on or transmitted through this Website,
including without limitation by transferring,
downloading or otherwise copying any content onto any
disk drive or other storage medium. Any use of the
content of this Website, except as specifically
permitted in these terms and conditions or as otherwise
expressly permitted in the content or in writing signed
by IRAH ENTERPRISE , is strictly prohibited.
9.
MODIFICATIONS OF TERMS AND CONDITIONS
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IRAH ENTERPRISE reserves
the right to amend, modify or vary at any time without
any prior notice to the User, the terms and conditions
herein contained and the User shall be bound to observe
and comply with any such variation, addition or
amendment. Notice of such changes may be given to the
User and/or up-dated in this Website but the changes
shall take effect from the date the changes were made.
The User is responsible for reviewing regularly
information posted online to obtain timely notice of
such changes. The User shall be deemed to be apprised of
and be bound by any modification by IRAH ENTERPRISE to
these Terms and Conditions. The User's continued use of
the Website following the postings of any amendments,
modifications or verifications to these Terms and
Conditions constitutes acceptance of those changes. The
User agrees that IRAH ENTERPRISE shall not be liable to
the User or to any other party for such changes,
modification or amendment of this Website.
10. CONFIDENTIAL INFORMATION
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IRAH ENTERPRISE shall not
be responsible in assuring confidentiality of
information and materials transmitted via this Website.
It is recommended that the Product/Services shall not be
used for the transmission of confidential information.
Any transmission of confidential information via this
Website shall be at the User's own risk and IRAH
ENTERPRISE shall not be held liable in connection
therewith. However, IRAH ENTERPRISE reserves the right
at all times to disclose any information as may be
deemed necessary at any time without the User's prior
consent, to satisfy any applicable law, regulation,
legal process or governmental request or to edit, refuse
to post or to remove any information or materials, in
whole or in part.
11. PASSWORD CONFIDENTIALITY
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If the User uses this
Website, the User will be required to enter his password
every time he accesses this Website. The User is
responsible for maintaining the confidentiality of the
User's password and/or user authentication for
restricting access to the User's computer, and the User
agrees to accept responsibility and liabilities for all
activities that occur under the User's password and/or
user authentication. The User undertakes to observe all
security measures prescribed by IRAH ENTERPRISE
concerning his password or generally in respect of the
use of this Website. Should the User have any reason to
believe that his password has been misused and/or
compromised whether by theft, fraud or otherwise, the
User shall inform IRAH ENTERPRISE immediately after he
becoming aware of the same.
IRAH ENTERPRISE shall not
be liable for any loss or damage which the User and/or
any third party may suffer as a result of instructions
or transactions transmitted via this Website after
successful usage of the User's password whether or not
such usage was authorized by the User.
The User shall keep IRAH
ENTERPRISE fully indemnified against all loss or damage
which IRAH ENTERPRISE suffers or may suffer in
connection whether directly or indirectly to usage of
his password whether by himself or any third party,
authorized or otherwise.
IRAH ENTERPRISE reserves
the right to invalidate or suspend the User's password
at any time without being obliged to offer the User any
explanation or prior notice. IRAH ENTERPRISE shall not
be liable for any loss or damage which the User may
suffer as a result of such invalidation and/or
suspension.
IRAH ENTERPRISE reserves
the right to discontinue the password accessing system
with respect to this Website at any time, without prior
notice. IRAH ENTERPRISE shall not be liable for any loss
or damage which the User may suffer as a result of such
discontinuation.
12. GOVERNING LAW
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This Website is governed
by the laws of Malaysia. The User hereby consents to the
exclusive jurisdiction and venue of the courts in
Malaysia in all disputes arising out of or relating to
the use of this Website. Use of this Website is
unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and including
without limitation this paragraph.
If any part of this
Website is determined to be invalid pursuant to
applicable law including, but not limited to, the
warranty disclaimers and liability limitations set
above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original
provision, or severed and deleted from these provisions
if no such modification is possible, and the remainder
of this Agreement shall survive, remain in full force
and effect and continue to be binding and enforceable.
IRAH ENTERPRISE makes no
representations that the content of this Website
complies with any laws abroad. IRAH ENTERPRISE bears no
responsibility for the access of this Website from
abroad.
13. MISCELLANEOUS
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The User agrees that this
Website shall only be used for lawful purposes.
If the User is
dissatisfied with this Website or the Terms and
Conditions, rules, policies, guidelines or practices of
IRAH ENTERPRISE in operating this Website, the User's
sole and exclusive remedy is to discontinue using this
Website.
In the event of any
conflict between the Terms and Conditions herein
contained and the rules and/or specific terms appearing
on this Website relating to the specific material, the
latter shall prevail.
No delay by IRAH
ENTERPRISE in enforcing any term or condition of this
Agreement nor the granting of time by IRAH ENTERPRISE to
the User shall prejudice the rights or powers of IRAH
ENTERPRISE nor shall any waiver by IRAH ENTERPRISE of
any breach constitute a continuing waiver in respect of
any subsequent or continuing breach.
The controlling language
of this Agreement is English. If User has received a
translation into another language, it has been provided
for User's convenience only. These Terms and Conditions
shall be governed by and construed in accordance with
the laws of Malaysia without reference to any principle
of conflict of laws. Disputes arising out of or related
to this Website shall be exclusively subject to the
jurisdiction of the courts of Malaysia.
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