1.1 The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Amrick Solutions client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Amrick Solutions.
1.3 Amrick Solutions reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Amrick Solutions may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Amrick Solutions may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.4 Amrick Solutions reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING AMRICK SOLUTIONS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Amrick Solutions; and
(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Amrick Solutions’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Amrick Solutions grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Amrick Solutions and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Amrick Solutions. You acknowledge that Amrick Solutions may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Amrick Solutions reserves all rights to the software not expressly granted by Amrick Solutions hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Amrick Solutions.
5. ACCOUNTS & SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Amrick Solutions of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Amrick Solutions will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
5.3 You agree that Amrick Solutions may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Amrick Solutions deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (f) behaviour that is harmful to other Users, third parties, or the business interests of Amrick Solutions. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Amrick Solutions may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Amrick Solutions in writing (including via email at email@example.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Amrick Solutions after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Amrick Solutions shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Amrick Solutions.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Amrick Solutions may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions and third party rights;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Amrick Solutions;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Amrick Solutions platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Amrick Solutions with respect to the Services and/or data transmitted, processed or stored by Amrick Solutions;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Amrick Solutions, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You acknowledge that Amrick Solutions and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Amrick Solutions and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Amrick Solutions or submitted to Amrick Solutions, including, without limitation, information in Amrick Solutions Forums and in all other parts of the Site.
6.4 You acknowledge, consent to and agree that Amrick Solutions may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Amrick Solutions or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Amrick Solutions, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
(a) account deletion;
(b) limits placed on Account privileges;
(c) account suspension and subsequent termination;
(d) criminal charges;
(e) civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
7.2 If you believe a User on our Site is violating these Terms of Service, please contact firstname.lastname@example.org
8. PURCHASE & PAYMENT
8.1 Amrick Solutions supports one or more of the following payment methods in each country it operates in:
(a) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(b) Cash on Delivery (COD)
Amrick Solutions provides COD services in selected countries. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
(c) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Amrick Solutions Guarantee Account (as defined in Section 10). Buyer must provide Amrick Solutions with the transfer receipt or payment transaction reference for verification purposes via email to email@example.com If payment confirmation is not received by Amrick Solutions within three (3) days, Buyer’s order will be cancelled.
8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
8.3 Amrick Solutions takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
8.4 At the moment, Amrick Solutions is only able to make payment to Users via bank transfer. Hence, Users are required to provide Amrick Solutions with his/her banking details in order to receive payments i.e. from the sale of item or refund from Amrick Solutions.
9. AMRICK SOLUTIONS GUARANTEE
9.1 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Amrick Solutions Guarantee Account until:
(a) Amrick Solutions determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 9.1(b) applies, Amrick Solutions will provide a refund to Buyer, subject to and in accordance with the Refunds & Returns Policy;
(b) such other time as Amrick Solutions reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service;
(c) Amrick Solutions Guarantee is only offered to Buyers who have made payment through the channels provided by Amrick Solutions into Amrick Solutions Guarantee Account.
9.2 Payments made through Amrick Solutions channels will be held in the Amrick Solutions Guarantee Account for a specified period of time (the “Amrick Solutions Guarantee Period”). Buyer may apply for a one-time extension of Amrick Solutions Guarantee Period prior to the expiry of the applicable Amrick Solutions Guarantee Period, subject to and in accordance with the Refunds & Returns Policy. Upon Buyer’s application, Amrick Solutions Guarantee Period may be extended for a maximum period of three (3) days unless Amrick Solutions in its sole discretion determines that a longer extension is appropriate or required.
9.4 The Amrick Solutions Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Amrick Solutions Guarantee. The Amrick Solutions Guarantee is neither intended nor designed to assist Buyer in complying with its own legal obligations, for which each party will remain solely responsible, and Amrick Solutions accepts no liability in connection with the same. Without limitation, the Amrick Solutions Guarantee does not constitute a product warranty.
9.5 Buyer acknowledge and agree that Amrick Solutions’s decision (including any appeals) in respect of and relating to any issues concerning the Amrick Solutions Guarantee is final.
9.6 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Amrick Solutions Guarantee.
10. CANCELLATION, RETURN & REFUND
10.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Amrick Solutions Guarantee Account.
10.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Amrick Solutions Guarantee Period, if applicable, subject to and in accordance with Amrick Solutions’s Refunds & Return Policy. Please refer to Amrick Solutions’s Refunds & Returns Policy page for further information.
10.3 Amrick Solutions reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Amrick Solutions Guarantee Account.
10.4 Amrick Solutions does not monitor the cancellation, return and refund process for offline payment.
11. TRANSACTION FEES
11.1 Amrick Solutions charges a fee for all successful transactions completed via bank transfer, credit card or Amrick Solutions Wallet on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at two percent (2%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Payment Fee is subject to any tax amount where applicable (“Tax Amount”), and the Buyer is responsible for such Tax Amount whenever applicable.
11.2 For Buyers located outside of Malaysia, Amrick Solutions charges a fee for all successful transactions completed via bank transfer, credit card or Amrick Solutions Wallet on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Buyer, and is calculated according to the rates as notified to such Buyers from time to time on the Site.
11.3 Following the successful completion of a transaction, Amrick Solutions shall deduct the Payment Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance in accordance with Section 10.2. Amrick Solutions shall issue receipts or tax invoices for the Payment Fee and Tax Amount paid by Buyer on request.
12.1 In the event a problem arises in a transaction, the Buyer agrees to communicate with Amrick Solutions first to attempt to resolve such dispute by mutual discussions, which Amrick Solutions shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
12.2 Each Buyer covenants and agrees that it will not bring suit or otherwise assert any claim against Amrick Solutions or its Affiliates (except where Amrick Solutions or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
12.3 Users covered under Amrick Solutions Guarantee may send written request to Amrick Solutions to assist them in resolving issues which may arise from a transaction upon request. Amrick Solutions may, at its sole discretion and with absolutely no liability to Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Amrick Solutions’s Refunds & Returns Policy.
12.4 To be clear, the services provided under this Section 12 are only available to Buyers covered under Amrick Solutions Guarantee.
13.1 Amrick Solutions welcomes information and feedback from our Users which will enable Amrick Solutions to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(a) feedback may be made in writing through email at firstname.lastname@example.org
(b) anonymous feedback will not be accepted;
(c) users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case;
(d) vague and defamatory feedback will not be entertained.
14.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AMRICK SOLUTIONS OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMRICK SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
14.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.3 AMRICK SOLUTIONS HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE AMRICK SOLUTIONS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
15. EXCLUSIONS & LIMITATIONS OF LIABILITY
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMRICK SOLUTIONS BE LIABLE WHETHER IN CONTRACT, WARRANTY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF AMRICK SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
15.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, AMRICK SOLUTIONS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE AMRICK SOLUTIONS GUARANTEE; AND (B) USD $100 (ONE HUNDRED US DOLLARS).
15.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY AMRICK SOLUTIONS’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF AMRICK SOLUTIONS THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
16. LINKS TO THIRD PARTY SITES
16.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Amrick Solutions in any manner whatsoever and you therefore access them at your own risk. Amrick Solutions is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Amrick Solutions is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Amrick Solutions of any linked site and/or any of its content therein.
17. YOUR CONTRIBUTIONS TO THE SERVICES
17.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Amrick Solutions. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Amrick Solutions and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
18. THIRD PARTY CONTRIBUTIONS TO THE SERVICES & EXTERNAL LINKS
18.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Amrick Solutions is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Amrick Solutions responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
18.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Amrick Solutions. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Amrick Solutions has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Amrick Solutions shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Amrick Solutions may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
19. YOUR REPRESENTATIONS & WARRANTIES
19.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
20. FRAUDULENT OR SUSPICIOUS ACTIVITY
If Amrick Solutions, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Amrick Solutions, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) we may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) we may suspend your eligibility for Amrick Solutions Guarantee;
(c) we may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Amrick Solutions;
(d) we may refuse to provide the Services to you now and in the future;
(e) we may hold your funds for a period of time reasonably needed to protect against the risk of liability to Amrick Solutions or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Buyer files directly with Amrick Solutions.
" Reversal" means the reversal of a payment by Amrick Solutions because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Amrick Solutions, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Amrick Solutions policy, or (e) Amrick Solutions decided a Claim against you.
21.1 You agree to indemnify, defend and hold harmless Amrick Solutions, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Amrick Solutions or its Affiliates in the transaction that the dispute relates to), (b) the Amrick Solutions Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Amrick Solutions, (d) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
22.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
23. GOVERNING LAW
23.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Amrick Solutions or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
24. GENERAL PROVISIONS
24.1 Amrick Solutions reserves all rights not expressly granted herein.
24.2 Amrick Solutions may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
24.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
24.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Amrick Solutions, nor does it authorize you to incur any costs or liabilities on Amrick Solutions’s behalf.
24.5 The failure of Amrick Solutions at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
24.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Amrick Solutions's affiliates and subsidiaries (and each of Amrick Solutions's and its affiliates' and subsidiaries' respective successors and assigns).
24.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
24.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysia Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
24.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY REGISTERING ON THIS SITE, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 5th May 2020