Introduction
Funday Products is being operated by MBf Holdings Berhad (Company No. 5223-K) having its business address at Level 17, Menara MBf, Jalan Sultan Ismail, 50250 Kuala Lumpur trading as www.fundayproducts.com (“Funday Products”)
Funday Products provides the content and services available on this Website and is subject to these Website Terms and Condition (these “Terms and Conditions”) and the Privacy Policy. These Terms and Conditions contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms and Conditions apply in full force and effect to your use of this Website and by using this Website, you are acknowledging that you have read, understand andaccept all the Terms and Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use or access this Website if you are a minor.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms and Conditions, Funday Products and/or its licensors own all rights to the content, information ,intellectual property and material contained in this Websiteincluding but not limited to trademarks, logos, service marks, text, graphics, logos, audio clips, data compilations and software (collectively referred to as “Content”), and all such rights are reserved.
You are granted a limited, revocable and non-exclusive license only, subject to the restrictions provided in these Terms and Conditions, for purposes of accessing and/or viewing the material contained on this Website,
In the event, Funday Products becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
Restrictions
In the access or use of this Website, you agree to the following:-
(a) not to republish any and/or all of our Content;
(b) not to resell, sublicense any and/or all of our Content;
(c) not to make use our Content other than for personal use;
(d) not to publicly perform and/or show any and/or all of our Content;
(e) not to use this Website in any way that is, or may be, damaging to this Website;
(f) not to use this Website in any way that impacts user access to this Website;
(g) not to mirror or frame any and/or all of our Content or this Website on any other website, without prior written consent.
(h) not to use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
(i) not to engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
(j) not to use this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access from you and Funday Products may further restrict access from you to any areas of this Website, at any time, in its sole and absolute discretion.
Account
Funday Products require you to submit on the Website information such as user identification (“User ID”) and password and other personal information in order to acquire an account on the Website.
Any User ID and password you may have for this Website are confidential and you must maintain confidentiality of such information. You must notify Funday Products immediately in the event there’s an unauthorised use of your User ID and/or password. You must ensure that any information that you have submitted on the Website must be accurate and updated at all times.
Funday Products shall not be liable for any losses, claims or damages arising out of your breach to this provision.
Funday Products reserves its rights to withhold and/or remove your Account temporarily in the event Funday Products notices or becomes aware of any threatening, fraudulent or illegal use of the Account or any Content relating to the Account.
Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Funday Products Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Funday Products reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
No warranties
This Website is provided “as is,” with all faults, and Funday Products makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall Funday Products, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Funday Products, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Privacy Policy
Please see our Privacy Policy for your better understanding on our privacy practices and it shall form a part of these Terms and Conditions.
Indemnification
You hereby indemnify, defend and hold Funday Products, its directors, officers, employees, consultants, agents, and affiliates harmless to the fullest extent from and against any and all third party claims, liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.
Force Majeure
Funday Product shall not liable to you for any failure or delay in performing the obligations under these Terms and Conditions if such failure or delay attributable to any cause beyond its control, including but without limitation to fire, explosion, riot, labor dispute, terrorist attack, war, earthquake or other natural disaster.
Severability
If any provision in these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Relationship
Nothing in these Terms and Conditions shall be deemed to create or constitute a partnership, joint venture, an agency- principal relationship between you and Funday Products.
Variation of Terms
Funday Products is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. Continued use of the Website will be deemed to constitute your acceptance of the new Terms and Conditions as amended.
Assignment
Funday Products shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights granted to you and/or obligations under these Terms.
Entire Agreement
These Terms and Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Funday Products and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Malaysia, and you irrevocably submit to the non-exclusive jurisdiction of the state and federal courts located in Malaysia for the resolution of any disputes.