Terms and Conditions

These Terms & Conditions (the “Terms of Use“) apply to the LetzNiaga website located at https://www.letzniaga.com/ (the “Site“). The Site is the property of LetzNiaga and its licensors. By using the Site, you agree to the following Terms of Use. LetzNiaga reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, LetzNiaga grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. For the avoidance of doubt, the term “LetzNiaga” or “us” or “we” refers to the owner of the Site. The term “you” refers to the user or viewer of the Site. Collectively, LetzNiaga and the user or viewer of the Site shall be referred to as the Parties.

Communications:

• By using our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].

Contests, Sweepstakes and Promotions:

• Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.

Your Use of the Site:

• You may use the Site for the sole purpose of buying and selling your Business. You may not use the Site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations, any rules of any national or other securities exchange. • You may not upload or transmit any material that infringes or misappropriate any person’s copyright, patent, trademark, or trade secret, or disclose via the Site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. • You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Site’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Site. • You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. • You are expressly prohibited from compiling and using other users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Site, for the purpose of creating or compiling marketing and/or mailing lists and from sending other users unsolicited marketing materials, whether by facsimile, email, or other technological means. • You also are expressly prohibited from distributing users’ personal information to third-party parties for marketing purposes. We shall deem the compiling of marketing and mailing lists using users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of users’ personal information to third parties for marketing purposes as a material breach of these Terms of Use, and we reserve the right to terminate or suspend your access to and use of the Site and to suspend or revoke your membership in the consortium without refund of any membership dues paid. • We note that unauthorized use of users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of users’ personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.

Disclaimers:

• We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to us. We make no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site. We disclaim any and all liability for acts, omissions and conduct of any third parties in connection with or related to your use of the Site and any services under the Site. • We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. We expressly exclude liability for any such inaccuracies or errors and for any damage or loss of any kind caused directly or indirectly by the use of its information or any derived analyses or applications. • You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or information. • Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). We assume no liability, obligation or responsibility for any part of any such correspondence, business dealing or promotion. • The above disclaimers of liability applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnity:

• You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees, vendors and suppliers harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site’s service, your use of the Site’s service, your connection to the site, your violation of the Terms of Use, or your violation of any rights of another.

Data Protection Policy:

• LetzNiaga’s Data Protection Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our Data Protection Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. • Although sections of the Site may be viewed simply by visiting the Site, in order to access some content and/or additional features offered at the Site, you may need to sign on as a guest or register as a member. If you create an account on the Site, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your account or User ID. You grant us and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site. • You agree to provide true, accurate, current, and complete information when registering with the Site. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Site.

External Links to Other Sites:

• The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site and such links to External Sites do not constitute an endorsement by us of those sites and their content. We shall not be liable or responsible for any information, software, or links found at any other website, Internet location, or source of information, or for your use of such information.

Content:

All content included on the Site including without limitation, text, software, photos, graphics, software, images, and the arrangement thereof (collectively, the “Content”), is the property of us and/or its content licensors and protected under Malaysia and international copyright laws. Certain of the names, logos, and other materials displayed in the Site constitute trademarks, trade names, service marks or logos (the “Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Except as otherwise noted on the Site, you are hereby authorized to view, download, cache, copy, and print the Content solely for your personal use and not for resale or further distribution. Any other use, including the reproduction, distribution, modification, transmission, display, or republication of the Content is strictly prohibited.

Service Fees and Purchases:

• Fees paid for business listings and other services listed on the Site are non-refundable and non-transferable. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.

Terms of Use constitute Entire Agreement:

• The Terms of Use constitute the entire agreement between you and us and govern your use of the Site’s service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Violation of Terms of Use:

• We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. • You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LetzNiaga, for which monetary damages would be inadequate, and you consent to our obtaining of any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. • You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to, violation of any applicable law, requests by law enforcement or other government agencies, discontinuance or material modification of the Site or any service offered on or through the Site, unexpected technical issues or problems or any use that is harmful to our interests or the interests of another person or entity, including intellectual property and other proprietary rights. • If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution:

• You agree that the Terms of Use shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the courts of Malaysia and waive any objection to such jurisdiction or venue. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
• The failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.