Welcome to David Gurupatham And Koay’s website (“DGK”).
The Terms of Service stated herein constitute a legal agreement between you and DGK. As such, by continuing to use the Site, you are deemed to have read understood and agree to be bound by the Terms of Service as well as those terms and conditions incorporated by reference and/or implication. Should you are not agreeable to or is unable to comply and/or fulfill with the Terms of Service, kindly do not use or access to the Site.
The Terms of Service shall not be exhaustive and may be updated from time to time by DGK. DGK reserves its rights to vary amend modify and/or update the Terms of Service from time to time without further reference to you by uploading announcing or posting the same via announcement on the Site. Your use of the Site after such changes shall constitute your awareness, acceptance and to have consented to be bound by such amendments modification and/or updates.
You further represent and warrant that (i) you have the legal right to use the credit card/debit card; (ii) the information provided by us is true correct and complete. Further take note that additional charges may be imposed if the credit card/debit card used is from a foreign issuer due to the currency exchange.
(b) Transaction Fee The parties hereby agree that save and except for payment of legal fees, DGK shall be entitled to charge a fee as prescribed by the Third Party Biller for any sum to be held by DGK as stakeholder (“Transaction Fee”) for every single transaction.
In consideration of DGK agreeing to permit you to use the Site, you hereby agree that the Content is intended for personal use, quick reference, illustration and information purposes only and may not be copied, redistributed or published in any manner without the written permission of DGK. Any unauthorised use of any part of this website is strictly prohibited. You are strictly prohibited from distributing, modifying, transmitting, reusing, downloading, reposting, copying or re-using the Content whether in whole or part, for commercial purposes or personal gain without an advance written permission from us. You shall indemnify DGK against all claims, liabilities, damage,
proceedings, costs and expenses resulting from, arising out of or related to the Content you post or supply.
The use of the Services in the Site by you shall adhere to the Terms of Services or such other notices and guidelines that may be posted on the Site by DGK from time to time and shall not be used for any purposes that is unlawful and prohibited by the applicable laws and regulations, including without limitation to copyright law as follows, list of which shall not be exhaustive: -
a) use of any robot, spider, crawlers or other automatic devices, process, software that intercepts or scrapes accesses to the Site to monitor, copy, extract or collecting data or information of the material on Site or manually without DGK’s prior written consent;
b) to gain unauthorized access into the Site to tamper, interfere, damage, disrupt any part or the whole Site, the server, computer systems or database connected to the Site;
c) to impersonate or to attempt to impersonate and/or fraudulently use of the DGK’s identity, an employee or DGK, other user or any other person or legal entity resulting in any fraudulent transaction or any unauthorized transaction to the detriment of DGK or falsely states or otherwise misrepresents the user’s affiliation with a person or entity;
d) infringes upon the rights of others or in any way that is illegal, threatening, fraudulent, harmful, harassing, defamatory, libelous, invasive of another’s privacy or in connection with any illegal, fraudulent, unlawful activity;
e) to bring any action against DGK without merit which creates liability to DGK not limited to falsifying the ratings given to DGK resulting in the goodwill of DGK being affected.
5. Intellectual Property
The Site and its original content shall remain the exclusive property rights of DGK. The Site is protected by copyright laws, trademark in Malaysia and/or other countries. DGK’s trademark may not be used in connection with any product or service without the prior written consent and knowledge of DGK. The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this website belongs to DGK. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Any use/misuse of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms and Conditions, is strictly prohibited. DGK reserves the rights to bring any action arising from the improper or unauthorised use of this website, including any action for infringement of its trademarks and other intellectual property rights.
6. Error Reporting and Feedback
DGK welcomes any feedbacks, suggestions or information in relation to the Site and Service which may assist DGK to fix, to improvise, to upgrade the quality of service, complains and other matters related to the Site and Service (“Feedback”). The Feedback may be done via email to us directly at [email protected]
7. Links to Other Websites and Feedback
DGK’s Site may contain links to third party websites, services that are not owned or controlled by DGK. As such, DGK shall assume no responsibility, liability for the content, privacy policies, practices operated by the third party in view that DGK does not vet through, review such content, services, privacy policies or practices by the third party. Users are encouraged and advised to carefully read through the terms of services and privacy policies of any third party websites or services that you visit. Any inclusion or reference to any links or internet addresses on the Sites do not imply approval or endorsement by DGK and such use is at the user’s own risk. You acknowledge and agree that DGK shall not be directly or indirectly be held responsible for any loss or damage suffered in any manner alleged to be caused by or in connection of your use of or reliance on any such content or services make available through the third party websites.
8. Disclaimer of Warranty
Use of the Site and/or any third party websites are provided on an “as is” and “as available” basis without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement and any use on the Site and/or third party websites caused by breach of contract or otherwise whether foreseeable or not and such use is at your own risk. Neither DGK nor any of its employees or any person associated with DGK shall make any warranty or representation to the completeness, security, reliability, quality, accuracy or availability of the Services. Further, DGK does not warranty that the Services
or other websites that is linked is free from computer viruses or other harmful components that may impair any hardware or software of the user’s computer programs and it is your responsibility to exercise care and due diligence when using or to install any virus checking software. You acknowledge and agree that your right towards DGK shall be limited only to your dissatisfaction or any problem faced with the Site and for your request to terminate the account and/or discontinue with the use of the Service. Notwithstanding the above, DGK does not exclude any warranties which cannot be excluded or limited under any applicable law.
9. Limitation of Liability
To the extent permitted by applicable law, DGK, its affiliates or any employee in connection with DGK shall not be held liable or responsible by you for any indirect, punitive, special, incidental, or consequential damage, however it arises (including the Attorney’s fees and all the related costs and expenses of litigation and arbitration, or at trial or on appeal, is any, whether or not litigated or if arbitration is instituted), whether in an action of contract, negligence or other tortious action, any Infringement, breach of confidence or any liability at common law arising out of or in connection with this Agreement and any violation by you of any federal, state or local laws, statutes, rules or regulations, even if DGK has been previously advised of the possibility of such damage. In any event, if there is liability is found on the part of DGK, it will be limited to the amount paid for the product and/or service, and under no circumstances will there be consequential or punitive damages.
10. Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of Malaysia without regard to its conflict of law provisions. It shall be subject to the non-exclusive jurisdiction of Malaysian courts and if any provision of these Terms of Service is held to be invalid or unenforceable by Court, the remaining provisions shall remain in effect. These Terms of Service constitute the entire agreement between DGK and you and shall supersede and replace any prior agreements entered into between us.
11. Amendments to Terms of Service
DGK may periodically amend the Terms of Service by making such amendments on the Site. Your continuous use after such amendment of the Terms of Service shall be deemed as acceptance by you of the revised or updated Terms of Service and it shall be binding on you. As such, DGK recommends that you review the Terms of Service from time to time and if you are not agreeable to the new Terms of Service whether in part or whole, kindly do not proceed to access the Site.
12. Waiver and Severability
Each of the provisions of this Terms of Service is severable and distinct from the others and if at any time one or more of such provisions is or becomes invalid, void and/or illegal the enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby shall remain in full force and effect. No waiver by DGK of any terms or conditions set forth in the Terms of Service shall be deemed a further or continuing waiver of such terms or condition or a waiver of any other terms or condition and any failure of DGK to assert a right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Knowledge or acquiescence by DGK of any breach of any terms conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such terms and conditions or covenants or any of them and notwithstanding such knowledge or acquiescence or indulgence, DGK shall be entitled to exercise their respective rights under this Terms of Service and to require strict performance by the user of the terms and conditions and covenants.
Your use of the Site, its content and the Service through the Site shall be deemed as you have read these Terms of Service and agreed to be bound by them.