TERMS OF USE

The terms of use (hereinafter referred as the “terms”) with our privacy policy constitute a legal agreement between you and TOGL Technology Sdn Bhd (hereinafter referred to as “TOGL”) entity. By accessing our web portal using your web browser (hereinafter referred as the “Website”), you agree that you have read, understood, accepted and agreed with the Terms.

Meanwhile, you hereby acknowledge and agree to be bound by this Terms at any time we deemed it fit as published from time to time and shall be effective upon the posting of an updated version at [www.togltechnology.com]

The terms apply to all visitors and users who access the Website. You shall review the Terms and discontinue using this Website if you do not agree to the Terms as may be amended from time to time.

Third Party Links

The website may provide links to other World Wide Web sites or resources (“Third Party Links”). You acknowledge and agree that TOGL is not responsible for the content of any such Third-Party Links. Your use of any of the Third-Party Links is at your own risk. TOGL does not warrant the offerings of the Third-Party Links, nor does TOGL assume any responsibility or liability for the actions, content, products, or services of such Third-Party Links, including, without limitation, its privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all Third-Party Links that you visit.

Intellectual Property

The Website and its original contents, features and functionality are and will remain the exclusive property of TOGL and its licensors. All information and materials, including but not limited to: text, data, graphics, images, sounds, videos, trademarks, logos, icons, and etc. on this website are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of this Website without the express written permission of TOGL. If you violate these rights, TOGL reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.

TOGL and its licensors are the owners of the intellectual property rights (“Intellectual Property Rights”), including but not limited to the domain name, Site, trademarks, content, copyright, service marks, logos, symbols or other designs etc. Nothing in this Terms of Use shall be construed as granting you a licence or any rights, implied or otherwise, to use, possess, distribute or modify any of TOGL ’s Intellectual Property.

The whole Website’s content is protected by copyright laws. TOGL and its licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from TOGL.

Restrictions

By using the Website, you agree that: –

i. You are legally entitled to accept and agree to the Terms and that you are at least 18 years old. Without limiting the generality of the foregoing, the Website is not available to persons under the age of 18 years old or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship;

ii. You have the right, authority and capacity to use the Website and to abide by the Terms;

iii. You will only access the Website using authorized means and use the Website for lawful purposes;

iv. You agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Website;

v. You will only use the Website for the purpose for which it is intended to be used;

vi. You will not use the Website for sending or storing any unlawful material or for fraudulent purposes;

vii. You will not use the Website to cause nuisance, annoyance or inconvenience;

viii. You will not impair the proper operation of the network;

ix. You will not try to harm the Website in any way whatsoever; and

x. You will not copy, or distribute the Website without our express written permission.

Disclaimer

You hereby declare to and agree that to the extent where permitted by applicable law;

The service and the content of this site are provided on the basis of “as is” and “as available”. We hereby expressly state that we do not make any kind of guarantee or warrant, whether express or implied, with respect to the merchantability of a product or service, or suitability of the products and services we provide for a particular purpose and against non-infringement where applicable. Also, nothing contained on this Website shall be interpreted as advising you.;

We do not guarantee that: (i) the functions, services and security features provided in this site will be uninterrupted or free from error; (ii) errors or failure will be repaired; or (iii) the site or the server provide services that are free from viruses, malware or harmful component.

We do not warrant the accuracy, authenticity, integrity or quality of the content, sites or resources available to and from the site including, but not limited to, any guarantee that the content, sites or resources are free from source material that is malicious, indecent, or controversial;

We do not guarantee or warrant that you will be granted valid travel permits applicable to you. We do not have any responsibility to notify you or indemnify you in the event that you suffer losses or damages relating to your lack of visa or travel permits (including, but not limited to, refusal of entry, deportation); and

Any material downloaded or otherwise obtained through the use of this service is at your sole responsibility and risk. You voluntarily assume such risk, and you will be fully responsible for damage to your computer system or loss of data that results from downloading any materials that are provided.

Limitation of Liability

In no event shall TOGL, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. TOGL, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby agree to indemnify to the fullest extent TOGL from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and in relation to: : (a) your use of the Site; (b) Content that is given, provided or accessed through this Site; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.

Severability

If any provision of these Terms is found to be invalid under any applicable law invalid or unenforceable by a court, such provisions shall be deleted without affecting the remaining provisions herein and will remain in effect.

Variation of Terms

TOGL is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Assignment

TOGL is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between TOGL and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Privacy

TOGL values Users’ confidentiality. TOGL will endeavour to comply with the requirements of relevant data protection legislation when performing its obligations under these Terms. A separate Privacy

Policy document sets out the rights and obligations of TOGL and the user in relation to privacy, available here.

Prevail

All Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In the event of a conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Malaysia without regard to its conflict of law provisions, and you submit to the non-exclusive jurisdiction of Malaysia and arbitration located at Malaysia for the resolution of any disputes. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

General

In the event where any of the provision provided is determined to be unenforceable and/or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.

Failure by either Party to enforce any provision of any of these provided Terms at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.

You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.

Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms.

Force Majeure

TOGL shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either You or Us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labour strikes, demonstrations, airline or hotel bankruptcy or insolvency, and so forth.

TOGL shall not be responsible for any damages or losses caused by any means to any party if TOGL cannot process your order because of the Force Majeure Event.

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