Terms & Conditions

1. INTRODUCTION

1.1 Welcome to the we8this.com website. These Terms of Use govern your access and use of the Website and the use of any services, information and functions made available by us on the Website (“Services”). Before using this Website or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Website and/or the Services (collectively referred to as “Kinetic Meals Sdn. Bhd. Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://we8this.com/pages/privacy-policy. By accessing the Website and/or using the Services, you agree to be bound by Kinetic Meals Sdn. Bhd. Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Kinetic Meals Sdn. Bhd. Terms and Conditions and the Privacy Policy, do not access and/or use this Website and/or the Services.

1.2 Kinetic Meals Sdn. Bhd. reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Kinetic Meals Sdn. Bhd. Terms and Conditions at any time. Changes will be effective when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.

1.3 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 obtain permission from your parent(s) or legal guardian(s) to open an account on the Website. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Website and/or Services or purchases made on the Website. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Website and/or Services.

2. USE OF THE WEBSITE AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Website and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license/access granted herein without notice to you.

2.2 Content provided on this Website is solely for informational purposes. Submissions or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. Kinetic Meals Sdn. Bhd. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.


2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Website and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.



3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Website, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.



4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Website shall claim any right, title or interest therein.



5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

5.1 The Website and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Kinetic Meals Sdn. Bhd. of any kind either expressed, implied or statutory with respect to the Website and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Website and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Kinetic Meals Sdn. Bhd. does not warrant that the Website and/or the Services 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 Website 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.

5.3 Kinetic Meals Sdn. Bhd. and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Website or the Services;

(b) reliance on any data or information made available through the Website and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Website, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.


5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Website and/or Services is entirely at your own risk and we shall not be liable therefore



6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Website that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.



7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Kinetic Meals Sdn. Bhd. Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.



8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Kinetic Meals Sdn. Bhd. Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, Kinetic Meals Sdn. Bhd. reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.



9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Kinetic Meals Sdn. Bhd. Terms and Conditions. Upon any termination of these Terms of Use and/or other Kinetic Meals Sdn. Bhd. Terms and Conditions, you shall immediately cease all access to and use of the Website and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Kinetic Meals Sdn. Bhd. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Kinetic Meals Sdn. Bhd., in operating the Website and/or providing Services, your sole and exclusive remedy is to discontinue using the Website and/or the Services.



10. TESTIMONIALS

10.1 The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services.

10.2 We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

10.3 The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.



11. THIS SITE IS FOR INFORMATION PURPOSE AND DOES NOT PROVIDE MEDICAL ADVICE

11.1 You should not rely on the information in this site as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or the content on the site, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the site. The use of any information provided on the site is solely at your own risk.

11.2 Nothing stated or posted on the site is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this Terms & Conditions, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice.

11.3 Developments in medical research may impact the health, fitness and nutritional topics on the site and no assurance can be given that the information contained in the site always include the most recent findings or developments with respect to the particular material. Your access or use of the site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. If you rely on any of the information provided by this site, you do so solely at your own risk.



12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kinetic Meals Sdn. Bhd. affiliates, partners, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of Terms & Conditions. Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.