Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This website www.designskoop.com (Designskoop Website) is fully owned and maintained by The Home Curator Sdn Bhd.  Please read the following Terms and Conditions carefully (including our Privacy Policy ) (collectively “User Conditions”) before using the Designskoop Website, so that you are aware of your legal rights and obligations with respect to The Home Curator Sdn Bhd and its related corporations, entities, affiliates and subsidiaries (individually and collectively, “The Home Curator”).  By accessing the Designskoop Website and/or using its services, you hereby agree to be legally bound by these User Conditions. If you do not accept these User Conditions, please leave the Designskoop Website and discontinue use of its services immediately.

1. Agreement

1.1 You hereby represent and warrant that:

  1. you have read and agree to these User Conditions;
  2. you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these User Conditions;
  3. you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing the Designskoop Website or using its services and such entity agrees to be bound by these User Conditions; and
  4. all of the information provided by you to The Home Curator (including without limitation personal particulars and contact information) is accurate and complete.

1.1.  The Home Curator reserves the right to change, modify, suspend or discontinue the whole or any portion of the Designskoop Website or its Services at any time. The Home Curator may also impose limits on certain features or restrict your access to parts or the entire Service or the website without notice or liability.

1.2.  The Home Curator may from time to time vary or amend these User Conditions by posting the amended User Conditions at the Designskoop Website.  Any use of the Designskoop Website and its Services after the amendment of these User Conditions will be deemed to be acceptance of the amended User Conditions by you. If you do not agree to the amended User Conditions, you have the right to cease using the Designskoop Website and its Services.

2. Definitions

2.1       “Agreement” means the agreement formed by these User Conditions.

2.2       “Computer” means the personal computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.

2.3      “Content” means search results, search links, retailer listings, materials, information, news, advertisements, maps, data, text, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.

2.4      “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.

2.5      “Services” means services offered by the Designskoop Website which includes one or more of the following:

i.            search engines and search tools;

ii.          directory listings;

iii.          access to a collection of information, data, text, listings, graphics, images, videos, audio files, maps, and other types of works; and

iv.         any other features, content or applications that The Home Curator may offer at the Designskoop Website from time to time in its sole and absolute discretion.

2.6      “Third Party Content” means all Content of third parties that is made available on or via the Designskoop Website, and shall include all third party websites and links to third party websites.

2.7      “Third Party Products” means all products and services of third parties advertised on or available at the Designskoop Website or websites linked from the Designskoop Website

2.8      “Virus” means any virus, worm, macro, adware, Trojan horse, time bombs, error or other damaging or harmful program or components.

3. User’s Obligations

3.1       You shall not reproduce, modify, adapt, translate, publish, display, communicate, transmit, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to any of the Designskoop Website contents and/or any Third Party Content without our express prior written permission or the permission of the relevant copyright owner.

3.2      Notwithstanding Clause 3.1, you may reproduce the Designskoop Website Content for purposes of non-commercial usage provided that such use constitutes fair dealing under the Malaysian Copyright Act.

3.3       Without prejudice to the generality of Clause 3.1, you agree not to reproduce, display or otherwise provide access to the Designskoop Website Content or Third Party Content, on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of The Home Curator.

3.4      You also hereby undertake:

i.            to comply with these User Conditions, and such other notices or guidelines that may be posted on the Designskoop Website by The Home Curator from time to time (which are hereby incorporated by reference into these User Conditions);

ii.          not to use of the Designskoop Website Content or Services for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;and

iii.         not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Designskoop Website, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

3.5       You acknowledge that the Designskoop Website and its Services are used by a community of users, and you hereby agree and undertake:

i.            to treat all users with respect and civility;

ii.          not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortuous acts against other users;

iii.          not to spam, mail bomb, send Viruses to other users, or act in any manner that adversely affects the use of the Designskoop Website and its Service by other users; and

iv.         not to harvest or otherwise collect information about users, including email addresses, without The Home Curator’s prior written consent.

3.6       Any infringing, fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your use of the Designskoop Website and Services, at The Home Curator’s sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.

3.7      Without prejudice to The Home Curator’s rights of termination under Clause 8, The Home Curator reserves the right to terminate your access to all or any part of the Designskoop Website or Services if you are in breach of any of these User Conditions or if The Home Curator believes that you have been using any of the Services for unlawful activity.

4. Privacy

4.1       Please do not submit any personal information or data without first reading our Privacy Policy, which explains our data use and privacy practices in detail[SW1]. Other than personally identifiable information which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary.

5. Use of the Designskoop Website Content

5.1       All the Designskoop Website Content are the copyrighted work of The Home Curator or its content or software providers, and The Home Curator reserves and retains all rights in the Designskoop Website Content. Use of some Designskoop Website Content may be governed by the terms of an accompanying end user license agreement. You will not be able to download or install any Designskooop Web Site Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you should not use the Designskoop Website Content.

5.2      You may not decompile, reverse engineer or otherwise attempt to discover the source code of any the Content available on the Designskoop Website or through a Service except under the specific circumstances expressly permitted by law or The Home Curator in writing.

6. Disclaimers & Limitations

6.1       While we make every effort to ensure that all the Content displayed on the Designskoop Website is accurate and complete, we provide the Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Home Curator disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, The Home Curator does not warrant that the functions contained in or access to the Designskoop Website, Services or Content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Designskoop Website, Services, Content or the Servers are free of Viruses, or that the download, installation or use of any Content in or with any Computer will not affect the functionality or performance of the Computer. The Home Curator does not warrant or make any representations regarding the use or the results of the use of the Designskoop Website , the Content, the Service, or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not The Home Curator) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold The Home Curator liable for the loss, damage or expense that is due to any circumstances beyond the reasonable control of The Home Curator.

6.2      The data and information made available on the Designskoop Website are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.

6.3      You also acknowledge and agree that one of our Services is providing you with directory access to Third Party Content. You acknowledge that it is not The Home Curator’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any Third Party Content, posting, email or any information that may be linked to, inserted or made available on or from the Designskoop Website and that The Home Curator does not endorse, has no control over and shall not be responsible for any Third Party Content. The Home Curator hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.

6.4       You acknowledge and agree that The Home Curator does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and The Home Curator hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Designskoop Website or on linked sites.

6.5      You agree that all Third Party Content, and Third Party Products, and all statements, offers, information, opinions, materials, from other users and from advertisers and other third parties on the Designskoop Website should be used, accepted and relied upon only with care and discretion and at your own risk, and The Home Curator shall not be responsible for any loss, damage, expense or liability incurred by you arising from such use or reliance.

6.6      You agree that:

i.             The Home Curator shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Designskoop Website or Services without assigning any reason; and

ii.          access to or the operation of the Designskoop Website, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, The Home Curator shall not be liable for any loss, liability or damage which may be incurred as a result.

6.7      In no event shall The Home Curator be liable to you for any damages, losses, expenses or liabilities under any causes of action (whether in contract or tort, including but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Designskoop Website and its Content and Services, Third Party Content, Third Party Products or any Computers.

6.8      Under no circumstances, including, but not limited to, negligence, shall The Home Curator be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Designskoop Website and its Content, even if The Home Curator or an authorized representative of The Home Curator, has advised you of the possibility of such damage.

6.9       You agree that the above exclusions and limitations of liability enable the Designskoop Services and Content to be provided by The Home Curator at either reasonable cost or no cost to you.

7. Intellectual Property

7.1        The copyright, patents and all intellectual property rights in the Designskoop Website, Services and Content, including without limitation the copyright in The Home Curator’s compilations of all Designskoop Website Content and Third Party Content, shall vest in and remain with The Home Curator.

7.2      The trademarks, logos and service marks (“Marks”) displayed on the Designskoop Website are the property of The Home Curator or other third parties, and all rights to the Marks are expressly reserved by The Home Curator or relevant third parties. You are not permitted to use the Marks without the prior written consent of The Home Curator or such third party.

7.3      The domain name on which the Designskoop Website is hosted on is the sole property of The Home Curator and you may not use or otherwise adopt a similar name for your own use.

7.4      If you have any questions or concerns about these User Conditions or any issues raised in these User Conditions or on the Designskoop Website, please contact us at contact@designskoop.com

8. Termination

8.1       You agree that The Home Curator has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Designskoop Website or Services, without assigning any reason.

9. Notification of Infringement

9.1       The Home Curator will investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Designskoop Website Content, Third Party Content and other material occurring on the Designskoop Website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Designskoop Website, please notify The Home Curator in writing immediately (“Infringement Notice”).

9.2      All Infringement Notices shall be sent to The Home Curator addressed as follows:

The Home Curator Sdn Bhd 

Email Address: contact@designskoop.com

9.3      You acknowledge and agree that The Home Curator has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Third Party Content on third party sites linked to the Designskoop Website, or Third Party Products which are not sold by The Home Curator.

10. Indemnity

10.1     You agree to indemnify and hold The Home Curator, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

i.            your use of the Designskoop Website or Services;

ii.           your connection to the Designskoop Website;

iii.          your breach of any terms and conditions of these User Conditions;

iv.         your violation of any rights of another person or entity; or

v.           your breach of any statutory requirement, duty or law.

11. Severability

11.1       If any provision of these User Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these User Conditions shall continue in force save that such provision shall be deemed to be deleted.

12. Relationship of Parties

12.1     Nothing in these User Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between The Home Curator and you and neither party shall have any authority to bind the other in any way.

13. Waiver

13.1     A failure by The Home Curator to exercise or enforce any rights conferred upon it by these User Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

14. Force Majeure

14.1     No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

14.2    For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

15. Governing Law & Jurisdiction

15.1      These User Conditions and all matters relating to your access to, or use of, the Designskoop Website and Service shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.

15.2     You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.

Last Updated on: 1st March 2013

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