In this TOU, the following definitions shall apply:
‘EYS’ means Eu Yan Sang (1959) Sdn Bhd and also referred here as ‘us’ or ‘we’ and including its subsidiaries and affiliates.
‘Information’ means such data and information accessible by you on this Site as determined and provided by EYS including without limitation to all information which is related to health, wellness and lifestyle
‘Site’ means www.hqfirst.com.
‘User’ means an authorised user who registered and clicks on the “TO ACCEPT OR AGREE” button at the end of this document and also referred here as ‘you’.
HQ MAGAZINE is operated by EYS and accessible via www.hqfirst.com. By accessing and using this Site, you accept without limitation of qualification, all of this TOU. EYS reserves the right, at its sole discretion to change, modify, vary or add to these terms and conditions at any time and without prior notice to you. By using this, you agree in advance to accept any changes. If you do not wish to be bound by this TOU, you must not use this Site and/or Information.
You may access the Site by becoming a registered and authorised User and creating an account with us. In the event of any breach of this TOU, EYS reserves the right to terminate your account at any time.
- RESPONSIBILITY OF REGISTERED USER
By registering on the Site, you agree that:
[a] you are to be responsible for maintaining the confidentiality of your password or other account identifiers which you have chosen and all activities that occur under your account;
[b] your account and password are personal and may not be used by anyone else to access the Site;
[c] you will not do anything which would assist anyone who is not a registered user to gain access to HQ Magazine; and
[d] you will not create registration account(s) for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
You agree to notify EYS in writing promptly upon becoming aware of any unauthorised access or use of your password or account identifiers by any party whomsoever.
The use and storage of any Information including, without limitation, password and any other information available on your computer or other communication media is at your own risk and is your sole responsibility.
- TERMINATION OF REGISTRATION
Unsubscribe; If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected]. If you no longer accept this TOU, or any future modification to these terms and conditions, you must cease using the Site. Your continued use of the Site indicates your continued acceptance of these terms and conditions.
Termination; EYS may at any time and in its sole discretion without prior notice to you, terminate your access to the Site and/or the Information for any reason whatsoever, including, without limitation, breach of this TOU. Any suspected fraudulent, abusive or illegal activity by you may be grounds for termination of your registration and may be referred to appropriate law enforcement authorities. You acknowledge and agree that EYS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Information.
EYS shall not be liable to you or any third party for any claims related to the termination of your registered account. Upon any termination of your registration howsoever arising and for any reason whatsoever, you shall not make any claims or demands whatsoever against EYS.
- USER CONDUCT
User shall not modify, copy, distribute or use the Site and/or Information for any other purpose other than for its intended purpose of use.
You further undertake NOT to use the Site and/or Information in a manner that may infringe the rights of restrict the use and enjoyment of the Site by any other user or for any purpose that is unlawful or prohibited under the TOU stated herein and this includes but not limited to:
[a] conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abuse 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 junks mail, encourages conduct that would constitute criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law and regulation.
[b] use of material in a manner which infringes any copyright, trademark or any intellectual property right;
[c] use of the material protected by trade secret without due authorisation;
[d] impersonating any person or entity including but not limited to EYS official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
[e] unauthorised access or use of data, systems, networks including any attempt to prove, scan or test the vulnerability of a system or network;
[f] monitoring without authority data or traffic on any network system;
[g] using of attaching any viruses which could damage, interfere, intercept or expropriate any system or interfering with the service of any user, host or network;
[h] circumventing any user authentication or security of any host, network or account (cracking or hacking);
[i] reproduce, duplicate, copy, resell, download or exploit for any commercial purpose or otherwise any parts of the content and/or Information provided by EYS or this Site; and
[j] create a link to this Site from another website or document without EYS’s prior written consent.
- PROPRIETARY RIGHTS, TRADEMARKS AND COPYRIGHT
You acknowledge that the Site and Information have been developed, compiled, prepared, revised, selected and arranged by EYS through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of EYS and others. You also acknowledge and agree that EYS and/or its affiliates have proprietary rights in the layout and design of this Site.
EYS the sole owner of all content on the Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Site (“the Content”). The Site and the Content are protected by the copyright laws and other intellectual property laws of Malaysia and are protected globally by applicable international copyright treaties.
You agree to indemnify and hold EYS, its related and affiliated companies, officer and employees and any authorised representative harmless from any claims, demands, costs, expenses and damages, including reasonable solicitors’ fee on a full indemnity basis, asserted by any third party due to or arising out of your use of or conduct on this Site or Information.
EYS DOES NOT DIRECTLY OR INDIRECTLY GIVE MEDICAL ADVICE OR RECOMMENDATION AND NOTHING ON THE SITE IS INTENDED TO CONSTITUTE MEDICAL ADVICE OR RECOMMENDATIONS. YOU ACCEPT THAT ANY ADVICE GIVEN TO YOU BY EYS IN RESPONSE TO YOUR HEALTH QUESTIONS IS GIVEN FROM A NUTRITIONAL PERSPECTIVE, AND NOT FROM A MEDICAL PERSPECTIVE, AND THAT IN INVITING YOU TO ASK QUESTIONS TO EYS, EYS IS NOT OFFERING YOU ANY MEDICAL DIAGNOSIS OR TREATMENT. YOU FURTHER ACCEPT THAT ANY NUTRITIONAL ADVICE IS GIVEN ON A GENERAL AND NON-PERSONALISED BASIS ONLY. PLEASE CONSULT YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL IF YOU REQUIRE MEDICAL ADVICE OR RECOMMENDATIONS.
Your use of the Site is at your own risk. While EYS will exercise all reasonable efforts to ensure that information on the Site is reliable, by using the Site you accept that all information, products and services provided herein are provided on an “AS IS” basis. EYS gives no warranties, express or implied, regarding the accuracy, completeness, reliability, operability or legality of any information contained on the Site, or of any products or services provided through the Site, including without limitation (as far as permitted by applicable laws) warranties as to merchantability, fitness for a particular purposes and non-infringement of third party rights.
Although we will do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
We give no warranties of any kind concerning the Site or the Content. In particular, we do not warrant that the Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
The Site may contain one or more links that connect to external web sites operated by third parties (“Third Party Sites”). Certain Third Party Sites may also provide links to the Site. EYS does not control and is not responsible or liable for the content of any Third Party Sites. Access to any Third Party Sites is at your own risk and EYS shall have no liability to you arising out of your use of, or reliance on, any information published on such Third Party Sites. Personal data or information that you provide at those sites is provided at your own risk for which EYS disclaims all responsibility and liability.
- THIRD PARTY ADVERTISING ON THE SITE
The User will see advertising materials (sponsored link and sponsor information) submitted by third parties on the Site. Each individual that advertises (sponsor) is solely responsible for the content of its advertising material and/or information. We accept no responsibility for the content of advertising material and/or information, including, without limitation, any error, omission or inaccuracy therein. A User’s correspondence or any other dealings with advertisers found on this Site is solely between the User and such advertiser. User agrees that EYS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
- THIRD PARTY LINKS
Third parties may provide links to their own sites on the Site. These sites are not necessarily reviewed by EYS and are maintained by third parties over which EYS exercises no control. Accordingly, EYS expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
- DATA PROTECTION
- GOVERNING LAW AND JURISDICTION
TOU shall be governed by and construed according to the laws of Malaysia. All disputes arising out of or in connection with this TOU shall be submitted to the courts of competent jurisdiction in Kuala Lumpur, Malaysia.
- OUTSIDE MALAYSIA
If you choose to access the Site and/or the Information from outside Malaysia, you are responsible for compliance with foreign and local laws.
- SUCCESSORS BOUND
You are hereby agree that these TOU and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, liquidators, receivers, lawful assignees and successors-in-title.
Any failure by EYS to enforce any term of this TOU, or any forbearance, knowledge, acquiescence, delay or indulgence granted by EYS shall not be construed as a waiver of any of EYS’s rights under this TOU.
- AMENDMENTS AND ENTIRE AGREEMENT
EYS’s rights to amend the terms and conditions of this TOU pursuant to Clause 2 hereof, this TOU represents the entire agreement between you and EYS concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on this Site and by your use of this Site and you agree to be bound by any and all such postings. Notwithstanding the foregoing, you may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
- EFFECT OF INVALIDITY
Each of the terms and conditions of this TOU is severable and distinct from the others. If at any time any term or condition of this TOU shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court of competent jurisdiction, or regulatory organisation, agency or body, such invalidity or unenforceability shall attach only to such term or condition and the validity of the remaining terms and conditions shall not be affected or impaired thereby and this TOU shall be carried out as if any such invalid or unenforceable term or condition were not contained herein.