TERMS OF SERVICE

Last Updated July 11, 2019

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ALFA and Friends Pte Ltd (“ALFA and Friends”, “we”, “us”, or “our”), concerning your access to and use of the ALFA and Friends website, mobile application, and/or any related services, sales, marketing or events (we refer to them collectively as the “Services“).

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms of Service, then you are prohibited from using the Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms of Service at any time. The updated version of these Terms of Service will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Service to stay informed of updates. Your continued use of the Services represents that you have accepted such changes.

1.4 We may update or change the Services from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 The Services is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Services or use the Services without parental permission.

1.6 Additional policies which also apply to your use of the Services include:

● Our Privacy Policy https://www.alfaandfriends.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate.
● Our Cookie Policy https://www.alfaandfriends.com/cookie-policy/, which sets out information about the cookies on the Services.
● If you purchase physical goods, digital goods, and/or services from the Services, our terms of purchases https://www.alfaandfriends.com/terms-of-purchases/ will apply to the sales and use.

2. Acceptable Use Policy

2.1 You may not access or use the Services for any purpose other than that for which we make the site and our services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Services, you agree not to:

● Systematically retrieve data or other content from the Services to a compiled database or directory without written permission from us.
● Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
● Use a buying agent or purchasing agent to make purchases on the Services.
● Use the Services to advertise or sell goods and services.
● Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
● Engage in unauthorized framing of or linking to the Services.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
● Make improper use of our support services, or submit false reports of abuse or misconduct.
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
● Interfere with, disrupt, or create an undue burden on the Services or the networks and services connected to the Services.
● Attempt to impersonate another user or person, or use the username of another user.
● Sell or otherwise transfer your profile.
● Use any information obtained from the Services in order to harass, abuse, or harm another person.
● Use the Services or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
● Attempt to access any portion of the Services that you are restricted from accessing.
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
● Delete the copyright or other proprietary rights notice from any of the content.
● Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript, C# or other code.
● Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, or any material that acts as a passive or active information collection or transmission mechanism.
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
● Use the Services in a manner inconsistent with any applicable laws or regulations.
● Falsely imply a relationship with us or another company with whom you do not have a relationship.

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms of Service; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected]

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Services or send feedback to us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Services, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Services and otherwise. We do not have to attribute your User Content to you.

4.3 In posting User Content, including reviews or making contact with other users of the Services, you shall comply with our Acceptable Use Policy in Section 2 above.

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.5 We have the right to remove any User Content you put on the Services if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Services do not represent our views or values

4.7 If you wish to complain about User Content uploaded by other users please contact us at [email protected]

5. Our content

5.1 Unless otherwise indicated, the Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (“Our Content”) are owned or licensed to us, and are protected by copyright and trademark laws.

5.2 Except as expressly provided in these Terms of Service, no part of the Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Services, you are granted a limited licence to access and use the Services and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorized access to the Services or any networks, servers or computer systems connected to the Services; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Services or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Services and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Services that contains viruses.

5.7 Although we make reasonable efforts to update the information, we make no representations, warranties or guarantees, whether expressed or implied, that Our Content on the Services is accurate, complete or up to date.

6. Our mobile application

6.1 By downloading or using our app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using our app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to us.

6.2 We are committed to ensuring that our app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

6.3 Our app stores and processes personal data that you have provided to us, in order to provide our service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that our app won’t work properly or at all.

6.4 You should be aware that there are certain things that we will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

6.5 If you’re using our app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing our app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

6.6 Along the same lines, we cannot always take responsibility for the way you use our app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, we cannot accept responsibility.

6.7 With respect to our responsibility for your use of our app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we rely on third parties to provide information to us so that we can make it available to you. We accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

6.8 At some point, we may wish to update our app. Our app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing our app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

7. Services Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Services for breach of these Terms of Service; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms of Service; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

7.2 We do not guarantee that the Services will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Services and you should use your own virus protection software.

8. Modifications to and availability of the Services

8.1 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. We are not obliged to maintain and support the Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Terms of Service. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Services’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.

9.2 Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.

10. Term and Termination

10.1 These Terms of Service shall remain in full force and effect while you use the Services or are otherwise a user of the Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]

10.2 Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Services is in breach of these Terms of Service or of any applicable law or regulation, we may terminate your use or participation in the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. General

11.1 Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11.2 These Terms of Service and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us.

11.3 Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

11.4 We may assign any or all of our rights and obligations to others at any time.

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

11.6 If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services.

11.8 The following are trademarks of ALFA and Friends. You are not permitted to use them without our approval, unless they are part of material our Services explicitly states you are permitted to use.
● ALFA and Friends, trademarked in Malaysia

11.9 A person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.

11.12 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at [email protected]