- 1.1. Welcome to the AFAB APP platform (individually and collectively, "AFAB APP", "we", "us" or "our").
- 1.2. The Terms herein are provided by AFAB and shall be effective immediately for Users accessing or using our Services through AFAB APP or registering accounts with us.
- 1.3. By accessing, browsing, downloading and/or using AFAB APP and/or Service, or by dealing with us, you acknowledge that you have read and understood the Terms, amended from time to time.
- 1.4. We may revise or update the Terms at any time by posting a revised/an updated version on the AFAB APP. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the AFAB APP and/or Service or dealing with us after a revision or update to the Terms constitutes your binding acceptance of the revised or updated Terms.
- "Alipay" means the platform or service that allows User to make cashless payments to Merchant via AFAB APP, by scanning the Merchant’s QR code or paying through Merchant’s listing on AFAB APP.
- "AFAB" means AFAB Sdn. Bhd. (Company No. 1203751-V), a private company limited by shares incorporated in Malaysia with the business address at Suite 10- 6, 7, 8, Tower A, Vertical Business Suite, Ave 3, Jalan Kerinchi, 59200 Kuala Lumpur (hereinafter referred to as “AFAB”).
- "AFAB APP" means afabasia.com and all their related landing pages or microsites and their mobile AFAB APP / mobile web equivalents.
- "Bank" means the licensed bank defined under section 2(1) of the Financial Services Act 2013.
- "Business Day" means any day which banks in Malaysia open for business;
- "Card(s)" means either a Visa, MasterCard or American Express credit card, debit card (or other similar card that requires a PIN for identification purposes), or pre-paid, stored-value or gift card.
- "Customer Service Team" means the team that ensure customer satisfaction and/or enquiries with a Product or Service.
- "Non-deliverable Locations" has the meaning as ascribed to it in clause 8.2 herein.
- "Order" means order submitted by you to Purchase from AFAB.
- "Order Confirmation" means confirmation of order by AFAB to the User through email provided by the User to AFAB during registration.
- "Product" means the goods purchased by User through AFAB APP.
- "Purchase" means the purchase of goods and/or services through AFAB APP, AFAB APPs and all the related landing pages or microsites and mobile app / mobile web equivalents.
- "Register" means creating an account on the AFAB APP.
- "Service(s)" means all and any of the services provided by the Company via AFAB APP, including but not limited to the information services, content and transaction capabilities on the AFAB APP and the availability to make a Purchase.
- "Store Credit" means credit offered by AFAB to be used to buy other goods in AFAB APP.
- "User(s)" means such any party and/or business who registers as a User in AFAB APP with AFAB.
- "WeChat Pay" means the platform or service that allows User to make cashless payments to Merchant via AFAB APP, by scanning the Merchant’s QR code or paying through Merchant’s listing on AFAB APP.
- "Website" means www.afabasia.com and all their related landing pages or microsites and their mobile app / mobile web equivalents.
Please note that the following are the requirements for you to register yourself as a User of AFAB APP:
- i. you must be  years or older on the date of registration. If you are under eighteen (18), you may place an order with AFAB only with involvement of a parent or guardian;
- ii. all the information submitted by you are truthful and accurate;
- iii. you have not been previously removed by AFAB from AFAB APP;
- iv. you have full power and authority to enter into this binding contract and your use of AFAB APP does not violate any agreement, law, rules or regulations and/or confidentiality obligations;
- v. you shall be responsible for all equipment, software(s) and internet access necessary to use the Services offered via AFAB APP; and
- vi. you shall only maintain one (1) individual Personal Page at any given time.
- 3.2. Please note that by registering yourself as a User of AFAB APP, you shall be deemed to have satisfied the above requirements.
- 3.3. Registration: Registration is not a requisite to use much of the functionality of the AFAB APP or to access much of the Services. However, certain Services and related features that may be made available on the AFAB APP may require registration or subscription, such as in order to make a Purchase. This is to ensure that we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
- 3.4. How to register: To Register, you need to supply us with your name, identity number, contact details, email address, payment details and/or some other personal information that is required and/or necessary. You agree to provide true, accurate, current and complete information in any registration form of the AFAB APP and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User account, as required.
- 3.6. Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts and/or in such other circumstances which we may deem fit.
- 3.7. Passwords: Your password will be allocated to you upon your registration with the AFAB APP. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. The password shall be kept confidential and you shall immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. You shall be solely liable and responsible for the confidentiality of your password.
- 3.8. Multiple logons: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other Users, we reserve the right to take any action which we deem fit against your account, your use of AFAB APP and/or any of the Services.
- 3.9. Valid email addresses: A valid personal email address is required for account registration to enable, amongst others, administration emails can be sent to you. We may at our absolute discretion close any accounts which have been registered with someone else’s email address or with temporary email addresses without notice. We may require you to validate your account if we believe you have been using an invalid email address.
- 3.1. Please note that the following are the requirements for you to register yourself as a User of AFAB APP:
By accessing AFAB APP and any pages thereof, you are deemed:
- 4.1.1. to have read and understood the Terms; and
- 4.1.2. to have agreed to be bound by the Terms without limitation or qualification,
AFAB reserves the right to revise any part and/or all of the Terms from time to time at AFAB’s absolute discretion without prior notice to you and:
- 4.2.1. you shall be deemed to be bound by the changes pursuant to such revision; and
- 4.2.2. AFAB shall not be liable on any ground due to such revision;
If you do not agree to or are not satisfied with any of the Terms,
- 4.3.1. if you are a User, please discontinue further access of AFAB and the usage of the Services by deleting your AFAB APP account; and
- 4.3.2. if you are not a User, please discontinue further access of AFAB APP and leave AFAB APP immediately.
- 4.1. By accessing AFAB APP and any pages thereof, you are deemed:
- 5.1. Alipay and WeChat Pay are payment services that allow Users to conduct cashless transactions in AFAB APP.
- 6.1. Eligibility. To access or use the AFAB APP, you must have the requisite power and authority to enter into these Terms. You may not access or use the AFAB APP if you are a competitor of AFAB APP or if we have previously banned you from the AFAB APP or closed your Account.
- 6.2. Permission to Use the AFAB APP. We grant you permission to use the AFAB APP subject to these Terms. Your use of the AFAB APP is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- 6.3. AFAB APP Availability. The AFAB APP may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- 6.4. Communications from AFAB and Others. By accessing or using the AFAB APP, you consent to receive communications from other Users and AFAB through AFAB APP, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote AFAB or businesses listed on AFAB, and may be initiated by AFAB, businesses listed on AFAB, or other Users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with AFAB may be monitored and recorded for quality purposes. We may also send you information regarding your account activity and purchases, as well as updates about AFAB APP, the Services, as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspond or by contacting our customer service support.
- 7.1. The Terms and details set out herein shall be an invitation to treat and there shall be no formation of contract between AFAB and you until we have shipped the Products to your address.
- 7.2. Each contract shall only be relevant to Product shipped to you and if your Order consist of more than one (1) Product, the Product may be delivered to you separately in separate packages;
The process of Purchase shall be as follows:
- 7.3.1. You may submit an order on AFAB APP;
- 7.3.2. After submission of Order, you will receive an order confirmation through [email] which will act as an acknowledgment of your Order;
- 7.3.3. An Order shall be deemed accepted by us upon your Order being shipped to your delivery address.
- 8.1. Delivery of the Product will be made to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
- 8.2. For avoidance of doubt, we do not deliver to some locations (“Non-deliverable Locations”) and in the event Order is made for the delivery to the Non-deliverable Locations, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- 8.3. Notification will be sent to you by [email] if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- 8.4. An acknowledgment of delivery may be required when the Product is delivered to you. You may contact AFAB Customer Service Team at [*] or [*] in case of any faults, defects or damage.
- 8.5. Delivery of Product will be made in our standard packaging.
- 8.6. We may leave a card giving you instructions on either re-delivery or collection from the carrier if you are unavailable to take delivery or collection.
- 8.7. All risk in the Product shall pass to you upon delivery, save and except where delivery is delayed due to a breach of your obligations under clause 8.8 below), the risk shall pass at the date when delivery would have occurred but for your breach. Upon the passing of risk, we will not be liable for loss or destruction of the Product. We may cancel your account and/or refrain you from shopping on AFAB APP in the future in the event of any breach of obligations by you.
A breach of your obligation occurs when delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery. In such event, we may (without affecting any other right or remedy available to us) do either or both of the following:
- 8.8.1. to the extent permitted by the law, charge you for any fee and other costs reasonably incurred by us; and/or
- 8.8.2. immediately cancel the Order made by you and no longer make the Product available for delivery or collection, in which case we will refund to you or your Card as applicable any money already paid to us for the Order, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 8.8.1 above).
- 9.1. Subject to Clause 9.2 herein, you may cancel your Order by contacting our Customer Service Team at [*]. Unless otherwise provided, AFAB will not charge any cancellation fees.
- 9.2. An order may not be cancelled if such Order has been dispatched and the item must instead be returned to the company according to guidelines provided by the Customer Service Team. Please call our Customer Service Team for assistance or refer to your return-slip provided in your received parcel.
For avoidance of doubt, the following Products shall be non-refundable:
- 10.1.1. made to measure item, unless it is faulty, not of acceptable quality or does not match the sample of our description;
- 10.1.2. [*].
Save for Products provided under clause 10.1 herein, all other Products can be returned within seven (7) days of your receipt with the following options:
- 10.2.1. Exchange of the Product for size and/or colour of the same style and/or price. Exchange for a different product is strictly not allowed. You may return your original item for a refund and place a new order for a different product;
- 10.2.2. A full refund to your Store Credit or [*]; or
- 10.2.3. Replacement for a wrong or defective item sent.
You may return the Product to us within seven (7) days of receipt for refund or exchange together with original AFAB register receipt and invoice if you are not completely satisfied with your purchase provided that:
- 10.3.1. the Product is in resalable condition;
- 10.3.2. the Product shall be unworn, unopened, unused and in its original condition;
- 10.3.3. the Product tags shall not be tampered with; and
- 10.3.4. the Product shall be in the original brand packaging, including its instruction manual and accessories (if applicable).
- 10.4. A refund may be done at your preferred method indicated when you fill up the “Online Exchange and Return” request or upon your request through our Customer Service.
- 10.5. You must ensure that the refund details given by you are correct and complete. Any incomplete and/or incorrect entries will be refunded entirely to the Store Credit.
- 10.6. We will proceed to exchange and/or refund as applicable, once the exchange and/or refund item is received and all conditions are fulfilled. Please allow ten (10) to fourteen (14) days to process the exchange and/or refund.
- 10.7. You may process returns through your nearest [post office]. We do not honour any walk-in returns. We advise that you request for a proof of postage from the post office or courier service when you return the item.
- 10.8. Return cost will be borne by you in the event that you wish to return any items bought on AFAB APP. We reserve the right to only cover, or refund shipping costs incurred from the replacement of item if the item is faulty or wrong.
- 10.9. We reserve the right to not to accept returns and send the Product back to you in the event that the Product is returned to us in an unsuitable condition.
- 10.10. We reserve the right to not refund or exchange items that are damaged, lost or delayed during transit.
- 10.11. We reserve the right to withhold any refunds in the event that your original item has not reached our warehouse.
- 10.12. We are unable to accommodate any refund reversal requests for Store Credit in the event that seven (7) days have passed from the refund date.
- 10.13. Any refunded Store Credit that is used on a new order (including exchange orders), can only be refunded as Store Credit even if a different refund method is selected.
- 10.1. For avoidance of doubt, the following Products shall be non-refundable:
- 11.1. All Product descriptions, information and materials posted on the AFAB APP are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
- 11.2. There may be slight difference to the product image as seen on the AFAB APP from the actual Product that you receive.
- 11.3. You may contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement if the item you receive is faulty.
- 11.4. AFAB will examine the returned Products and at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy.
- 11.5. AFAB will upon receipt of the returned Products advise you on the status of the replacement or refund (if any) via email as soon as practicable.
- 11.6. AFAB may at our discretion decide not to repair, replace or refund you for the returned Product and/or may require you to pay all reasonable transportation, courier costs and servicing costs at our current standard fees and costs and charge this to your Card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result in the event the Product returned is not faulty.
- 12.1. Responsibility for your content. You shall be solely responsible for your content, and once posted to AFAB, it cannot always be withdrawn. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of your content as described herein.
- 12.2. Content Liability. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary rights; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- 12.3. Ownership. As between you and AFAB, you own your content. We own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the AFAB Content and the Service, which are protected by copyright, patent, trademark and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the AFAB Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the AFAB Content are retained by us.
- 12.4. Advertising. AFAB and its licensees may publicly display advertisements, paid content, and other information nearby or in association with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You are allowed to contribute different kinds of content, including reviews, photos, videos, events, votes, tips, direct messages, and more. You shall be bound by the following content guideline for specific types of content that you might contribute to the site.
- 13.1. Inappropriate content: There shall be no threats, harassment, lewdness, hate speech, and other displays of bigotry.
- 13.2. Conflicts of interest: Your contributions should be unbiased and objective.
- 13.3. Relevance: Your contributions shall be relevant and appropriate to the forum.
- 13.4. Privacy: Others private information shall not be publicized unless prior consent of such person is obtained.
- 14.1. We are under no obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- 14.2.1. violate our Terms;
- 14.2.2. post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- 14.2.3. violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- 14.2.4. threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- 14.2.5. promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;
- 14.2.6. send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results;
- 14.2.7. solicit personal information from minors, or submit or transmit pornography;
- 14.2.8. violate any applicable law;
- 14.2.9. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than your content), except as expressly authorized by AFAB;
- 14.2.10. use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service;
- 14.2.11. remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- 14.2.12. record, process, or mine information about Users;
- 14.2.13. access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- 14.2.14. reformat or frame any portion of the Service;
- 14.2.15. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on AFAB’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- 14.2.16. attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- 14.2.17. use the Service to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- 14.2.18. use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- 14.2.19. use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- 14.2.20. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
- 15.1. AFAB will perform the Terms herein with reasonable skills and care.
- 15.2. To ensure your satisfactory online shopping experience, we appreciate your feedback at any time using the contact details given herein. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
- 15.3. You may describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation to speed up the process of our investigation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.
- 15.4. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against AFAB and its Users any claims and assertions of any moral rights contained in such Feedback.
You agree that you shall be liable for and shall at all times indemnify, keep indemnified and hold AFAB harmless from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by AFAB arising from any proceedings against AFAB where such loss or liability was caused by, inter alia, any of the following factors in respect of the use of AFAB APP :
- 16.1.1. any way from your use of the AFAB APP and/or Services or the placement or transmission of any message, information, software or other materials through the AFAB APP by you or related to any violation of these Terms by you or authorised Users of your account;
- 16.1.2. any act, neglect or default by you;
- 16.1.3. any willful, unlawful or negligent act or omission by you;
- 16.1.4. breaches in respect of any matter arising from the provision of any of the Terms including such which result to any successful claim by any third party;
- 16.1.5. in the event any of your conduct had caused injury to any person (Users or Non-Users); and
- 16.1.6. in the event any of your conduct had caused damage or loss, directly or indirectly to AFAB.
- 16.1. You agree that you shall be liable for and shall at all times indemnify, keep indemnified and hold AFAB harmless from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by AFAB arising from any proceedings against AFAB where such loss or liability was caused by, inter alia, any of the following factors in respect of the use of AFAB APP :
- 17.1. If you (or any other third party authorised by you) use the AFAB APP and/or the Services in contravention of these Terms, we may suspend your use of the Services and/or the AFAB APP.
- 17.2. Upon suspension of usage, we may refuse to restore the Services or AFAB APP until we receive an assurance from you, in the format that we deem acceptable that there will be no further breach of the provisions of these Terms.
- 17.3. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms.
Without limitation to anything else in this clause 17, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or AFAB APP and/or suspend the use of the Services and/or AFAB APP for persons we believe to be connected (in whatever manner) to you if:
- 17.4.1. you commit any breach of this Terms;
- 17.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Terms; or
- 17.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- 18.1. Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the AFAB APP and/or Services at any time.
- 18.2. Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- 18.3. Any violation of the Terms warrants immediate termination of your use of AFAB APP.
- 20.1. We may place advertisements in different locations on the AFAB APP and at different points during your use of the AFAB APP and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
- 20.2. Any advertisements may be delivered on our behalf by a third party advertising company.
- 20.4. You are free to select or click on advertised goods and services or not as you see fit.
- 21.1. We may place advertisements in different locations on the AFAB APP and at different points during your use of the AFAB APP and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
- 21.2. None of the such materials shall be reproduced, copied or modified in whole or in part, in whatever manner and medium without the prior written consent of AFAB;
- 21.3. Nothing contained in AFAB APP shall be construed as granting to you, by implication, or otherwise, any licence or right to use, to download, display, perform, publish, broadcast, distribute, retransmit, transfer, license, sell, exploit, reproduce, copy or modify the materials in whatever manner unless otherwise provided herein or the prior written consent of the owner of the materials (which may include AFAB) has been obtained by you in relation thereto;
- 21.4. We do not warrant or represent that any of the materials will not infringe the intellectual property rights of any other third parties and disclaim any liability which may arise in respect of the same; and
- 21.5. The authors of the literary and artistic works in the pages in the AFAB APP have asserted their moral rights to be identified as the author of those works.
- 22.1. Entire Agreement: The Terms and any revision of the same contains the entire understanding between you and AFAB and supersedes any other understandings, inducements or conditions, express or implied, oral or written.
- 22.2. Waiver: Delay or failure by AFAB to enforce, at any time, any provision of any of the Terms shall not be construed as a waiver of its right to enforce the breach of such provision or any other provision in any of the Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision of any of the Terms. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Terms.
- 22.3. Binding Agreement: The Terms and any revision to the same shall be binding upon you.
Interpretation: In this Agreement:
- 22.4.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- 22.4.2. the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
- 22.4.3. references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
- 22.5. Severability: If any provision of any of the Terms is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be severed any of the Terms and shall be of no force and effect and the Terms shall remain in full force and effect as if such provision had not originally been contained in of any of the Terms.
- 22.6. No partnership/agency: Nothing in this Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- 22.7. No other terms: Except as expressly stated in this Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- 22.8. Force majeure: We shall not be liable for any breach of our obligations under this Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- 22.9. Notices: Unless otherwise stated within this Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
- 22.10. Third party rights: All provisions of this Terms apply equally to and are for the benefit of AFAB, its subsidiaries, any holding companies of AFAB, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Terms is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
- 22.11. Survival: In any event, the provisions of Clauses 16 and 21 of this Terms, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Terms or your use of the AFAB APP and/or Services. In the event you use the AFAB APP or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the AFAB APP or Service. In the event you use Voucher bought under this Terms, then those provisions applicable to Voucher will survive termination of this Terms or your use of the AFAB APP and/or Services.
- 22.12. Governing law: This Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the relevant local governing laws and both parties hereby submit to the exclusive jurisdiction of the courts of the respective cities listed on the AFAB APP.
- 22.13. Remedies not exclusive: Any remedy or right conferred upon AFAB for breach of this of any of the Terms shall be in addition to and without prejudice to all other rights and remedies available to it.