LAST UPDATED: JUNE 01, 2023
INTRODUCTION
1.1 We are ALOCAL BRAND SDN BHD, (Company Registration No. 202201005024 (1450721-U)), having our business address at 75-1, Jalan Radin Bagus Bandar Sri Petaling, 57000 Kuala Lumpur W.P. Kuala Lumpur, Malaysia.
1.2 These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
1.3 By accessing the Platform and/or using the Services, you agree to be bound by All Terms and any amendments to the foregoing published by us from time and time. If you do not agree to All Terms, please do not access and/or use the Platform and/or Services.
DEFINITIONS
2.1 ALOCAL BRAND SDN. BHD (“Peak Living” or “we” or “our” or “us”) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ELIGIBILITY
3.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
PROHIBITIONS
4.1 You must not misuse our Platform.
4.2 You shall not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4.3 You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform.
4.4 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ENTIRE AGREEMENT
5.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
5.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
5.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
AMENDMENT OF TERMS AND CONDITIONS
6.1 Peak Living shall be entitled at any time and from time to time, to modify, amend or change or add any part or portion of these Terms and Conditions at its sole and absolute discretion. In such an instance, Peak Living shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the Platform, and by continuing to access the Platform and/or use the Services, you agree to be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Platform, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
6.2 Please cease to use the Platform if you are not agreeable to any amendments or modifications to any part or portions of the Terms and Conditions.
DISCLAIMER OF LIABILITY
7.1 Except as provided in this Policy Manual and to the extent permitted under applicable laws, PEAK LIVING makes no express or implied representations or warranties with respect to the PEAK LIVING’s products to be provided hereunder or their condition, merchantability, fitness for any particular purpose.
The Company shall not be liable for any:
Special, indirect, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the operation or use of the products including, without limitation, damages arising from loss of revenue or profits, failure to realise savings or other benefits, damage to equipment, even if the Company has been advised of the possibility of such damages; Damages (regardless of their nature) for any delay or failure by the Company to perform its obligations under the Contract due to any cause beyond its reasonable control; or Claims made a subject of legal proceeding against the Company. Notwithstanding any other provision of the Contract, the Company’s total liabilities hereunder shall not be greater than the amounts actually received by the Company pursuant to the terms of the Contract.
PERSONAL DATA PROTECTION
8.1 Please see our Privacy Policy, which forms a part of these Terms and Conditions.
SUSPENSION OF SERVICES
9.1 Peak Living cannot guarantee a continuous or secure access to our Services and operation of the Platform may be interfered with or disrupted by factors in or outside of our control. As such, we may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
- regular maintenance work on the Platform;
- the occurrence of power or communications outage;
- technical problems on the part of our third-party suppliers or partners;
- the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or any other reason(s) that the Company may deem necessary for such suspension.
9.2 Upon the suspension of the Services, Peak Living shall post a notice on the Platform on the suspension of the Services as soon as reasonably practicable.
NOTICES
10.1 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia. Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
10.2 In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
INTELLECTUAL PROPERTY RIGHTS
11.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of PEAK LIVING or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by PEAK LIVING and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
11.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of PEAK LIVING. PEAK LIVING’s trademarks may not be used in connection with any product or service that is not provided by PEAK LIVING, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PEAK LIVING. All other trademarks not owned by PEAK LIVING that appear on the Platform are the property of their respective owners.
11.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
11.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event PEAK LIVING becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
11.5 If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by PEAK LIVING or its licensors.
WAIVER
12.1 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
SEVERABILITY
13.1 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
ASSIGNMENT
14.1 You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
GOVERNING LAW
15.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.
