This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Web Squared Sdn Bhd (988119-P), a company incorporated in Malaysia and operating the Habitat website which is available at http://habitat-my.com ("Habitat", "we", "us", "our") and you, with respect to your use of the Habitat website, Habitat applications for mobile devices, and the Services and Information available (collectively known as "Website"). It is important that you carefully read and understand the terms and conditions of this Agreement.

Your use of the Website is subject to this Agreement and by accessing and using the Website you agree to be bound by the terms and conditions detailed in this Agreement (shall include guidelines and rules) which may be posted by us on the Website from time to time. We reserve the right at any time, with or without cause, to:

  • change the terms and conditions of this Agreement;
  • make changes to the Website, including terminating or discontinuing any services, information or other features in the Website; or
  • block, deny or terminate your use and/or access to the Website.

Any changes made to this Agreement will be effective of the publishing of the changes on the Website or providing notice thereof. By continuing to use the Website, you are deemed to have agreed to be bound by any modifications and amendments to this Agreement. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (available at http://www.habitat-my.com/privacypolicy) and agree to all the terms and conditions detailed.

Allowed Use of Services and Information
The Services available on, by or through the Website, which include or may include, your user account registration, third party services directory listing, lookbook (collectively known as "Services"), as well as any information provided on, by or through the Website, or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials and references (collectively known as "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose, except as expressly permitted herein. Written consent from Habitat must be obtained before Information or any other Website materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.

Reproduction of Information made available on the Website is permitted for your own personal use only and not for any for-profit or commercial purpose; on condition (i) all trademark, copyright, and other proprietary information are retained in the original materials, (ii) acknowledgement is provided to Habitat as the source of the Information reproduced, (iii) materials are printed in its entirety, and (iv) any such copies made are subject to the terms and conditions of this Agreement and remain the property of Habitat. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Habitat and/or other parties.

User Registration
Access to certain functionalities of the Website will require you to register and/or provide requested information to Habitat. We reserve the right to decline the provision of Services to any person for any or no reason.

If and when you register a user account with Habitat, you agree to provide accurate, current and complete information as requested. In the event any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website, Services, and/or Information. You also agree and understand that any information you provide will be treated by Habitat in the manner as described within our Privacy Policy, which can be found at http://www.habitat-my.com/privacypolicy

Company Profiles
Businesses and/or professionals may register on Habitat as a business user and create a company profile on Habitat. Subject to compliance with the terms of this Agreement, such users are permitted to use the company account/profile features offered by Habitat to promote their business, products and/or services only in ways permitted. All such Website features are subject to termination or change at any time. All of the terms and conditions of this Agreement apply to your use of any such company account/profile, including without limitation, maintaining profile information, uploading or other posting of Content, use of Habitat links, and indemnification obligations.

Postings and Other Submissions
Your participation in the Website is completely voluntary; however, by choosing to create a lookbook, post photos or comments, send any messages, submit any ideas or feedback, or otherwise participate on Habitat, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews or content provided by you (collectively known as "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize Habitat and our affiliates, licensees and sub licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright and/or other associated rights of such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

Habitat acknowledges and agrees that you or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Habitat in the paragraph above, and that no ownership of such copyrights is transferred to Habitat under these terms. Further, with respect to Content in the form of photos, and subject to Habitat product and user experience considerations (i) Habitat will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (ii) Habitat will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in cases of use in connection with a Habitat-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes Habitat, or its affiliates.

By posting or providing any Content on the Website, you represent and warrant to Habitat that you own and/or are the licensee of the copyright and/or have the right to use and permit us to use and license such Content in the manner as detailed in this Agreement.

Habitat may enable you to post ratings or reviews of businesses, service providers and/or their products or services on the Website (“Reviews”). Reviews are considered Content. You may not post any reviews about a business, service provider or any of their products or services if you are (i) an employee, contractor, officer or director of the business and/or service provider; and/or (ii) an employee, contractor, officer or director of a competitor of the business and/or service provider. By posting a Review, you acknowledge and agree that:

  1. it is based on your personal experience with the business, service provider and/or product or service that is the subject of the Review;
  2. the Review posted is accurate, truthful and complete

You also agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit, refuse to post or remove any Content submitted. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.

External Links
The Website may contain links to third party Web sites ("Linked Websites"). You agree that Linked Websites are necessary for Habitat to provide the Service and such links are provided to you only as a matter of convenience. We shall not be responsible if the Linked Website is not working appropriately. Habitat has no control over such websites and resources and shall not be responsible for the content(s) of any Linked Website, including but without limitation, any link contained within a Linked Website and we do not endorse any content, advertising, products, or other materials available through any Linked Website. You are responsible for viewing and abiding by the privacy policies and terms of use as posted on the Linked Websites, and for taking precaution to ensure that your use of the Linked Website is free of viruses, worms, trojan horses and other items of a destructive nature.

Any dealings you have with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Habitat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant through a Linked Website is a transaction solely between you and the merchant in question, and any question or dispute you may have regarding any such product or service should be addressed directly to the merchant responsible. Habitat has no responsibility or liability for any merchant or your relationship with such merchant.

Term & Termination
This Agreement is effective from the date that you first access the Website and/or submit any information to Habitat, whichever is earlier, and shall remain effective until terminated in accordance with these terms. Habitat may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision detailed in this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of any information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Habitat rights of ownership shall survive any termination.

We reserve the right to modify, discontinue the Website, or any part or portion thereof temporarily or permanently, with or without notice to you. You agree that we shall not be held liable to you or to any third party for any modification, suspension or termination of the Website, or any part thereof. Nothing in this Agreement shall be construed as an obligation by Habitat to maintain and support the Website during the term of this Agreement.

Disclaimers
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE AND/OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE, OTHER SOFTWARE AND/OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND/OR YOUR RELIANCE THEREON.

HABITAT MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS ON THE WEBSITE, AND WE DISCLAIM ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY AND/OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.

Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER HABITAT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NEITHER OUR AND/OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND/OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER HABITAT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, AND/OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, AND/OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE.

Indemnification
You agree to indemnify, defend and hold Habitat, its licensors, sponsors, agents, successors or assigns, and/or their directors, officers, employees, consultants or other representatives harmless from and against all losses, expenses, damages and costs, including lawyers’ fees, resulting from any violation, directly or indirectly, by you of this Agreement or asserted by any third party due to or arising out of:

  • your use or misuse of the Information and/or Services and/or your conduct on the Website,
  • any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, and/or other intellectual property or other rights of any third party,
  • your activities in connection with the Website and/or other Linked Websites; and/or
  • your negligence or misconduct.

The provisions of this paragraph are for the benefit of Habitat and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Jurisdictional Issues
Habitat makes no representation that the Website operates (or is legally permitted to operate) in all countries globally, or that the Information, Website, or Services are appropriate. Accessing the Website from regions where any content or functionality of the Website or portion thereof is illegal is prohibited. If you choose to access the Website, you agree and acknowledge that you do so of your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Dispute Resolution/Governing Law
This Agreement is governed by the laws of Malaysia, without reference to conflict of law principles. Any dispute between you and Habitat regarding this Agreement will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that the Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Habitat in and from Malaysia.

Miscellaneous
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect, and If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Agreement shall not be construed against any party as the principal draftsperson hereof. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

This Website is Operated By
Web Squared Sdn Bhd (988119-P)
Last modified as at 3rd February 2015