EFFECTIVE DATE: 27 MARCH 2022
1. DEFINITIONS USED IN THESE TERMS AND CONDITIONS
1.1 Capitalised terms have the following meanings in these terms and conditions:
“Affiliates” means any entity that controls, is controlled by or is under common control with Fairbreno Industries, where “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies and operations of such entity, whether through ownership of voting securities, by contract, or otherwise;
“Comment” means any review, remark or rating;
“Consumer” means an individual acting in their personal capacity outside of his or her trade, business, craft or profession;
“Content” means all information including but not limited to texts, artwork, images, photos, videos, messages and Comments which are published, stored or sent on or in connection with our Website;
“Contract” means the Sales Terms and Conditions in force as of the Effective Date;
“Effective Date” means in the case of these terms and conditions, the date first written above when these terms and conditions came into full force and effect, and in the case of the Sales Terms and Conditions, the date written below when the Sales Terms and Conditions came into full force and
effect;
“Our” means Fairbreno Industries, our employees, agents and our Affiliates;
“Terms” means these terms and conditions in force as of the Effective Date;
“Trade Customer” means any individual or company who is not a Consumer;
“Us” means Fairbreno Industries, our employees, agents and our Affiliates;
“User” means a person who uses Our Website (whether or not registered with Us);
“We” means Fairbreno Industries, our employees, agents and our Affiliates;
“Website” means https://fairbrofairbreno.com;
“Working Day” means a day other than a Saturday, Sunday or public holiday in Malaysia when banks in Malaysia are open for business; and
“You” / “Your” / “Yourself” means you as the person who uses Our Website (whether or not registered with Us).
2. WHO WE ARE AND HOW TO CONTACT US
2.1 Our Website is owned and operated by Fairbreno Industries. We are a private limited company registered in Malaysia under company number 002490114-M and have Our registered and main trading office at 12, Jalan TPP 1/18, Taman Industries Puchong, Jalan Puchong, 47160, Selangor.
Our VAT number is 541 3941 55.
2.2 To contact Us, please contact Our Customer Service Team.
3. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
3.1 By using Our Website, You confirm that You accept these Terms of use and that You agree to comply with them. We recommend that You print a copy of these Terms for future reference.
3.2 If You do not agree to these Terms, You must not use Our Website.
4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.1 These Terms refer to the following additional policies, which also apply to Your use of Our Website:
4.1.1 Privacy Policy, see further under How We may use Your personal information;
4.1.2 Cookie Policy, which sets out information about the cookies on Our Website; and
4.1.3 If You purchase goods from Our Website, Our Sales Terms and Conditions will apply to the sales.
5. RULES ABOUT USING OUR WEBSITE
5.1 We grant You a limited personal right to use Our Website free of charge, subject to these Terms.
5.2 You are not eligible for, and must not use or register on, Our Website if You are below the age of 14.
5.3 You agree that You will not in connection with Our Website:
5.3.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
5.3.2 engage in any inappropriate behaviour including but not limited to Content that is defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy, terrorism-related or similarly inappropriate or illegal;
5.3.3 infringe any third party intellectual property;
5.3.4 publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and You have obtained that person’s explicit written consent or You are the parent/guardian of such
person;
5.3.5 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
5.3.6 use the Website for junk mail, spam and pyramid or similar or fraudulent schemes;
5.3.7 do anything which may have the effect of disrupting the Website including introducing worms, viruses, trojans, software bombs or mass mailings;
5.3.8 gain unauthorised access to any part of Our Website, any server or equipment used to provide and connected to Our Website;
5.3.9 copy any of the Content for any purpose except as allowed under these Terms or without our prior written authorisation; or
5.3.10 attempt, encourage or assist any of the above.
5.4 You must comply with any guidelines or requirements on Our Website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via Our Website). You must promptly comply with any reasonable request or instruction by Us in connection
with the Website.
5.5 In the event of any breach of these Terms (as determined in Our absolute discretion), Your right to use Our Website shall cease immediately without notice.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
6.1 If You have an account on Our Website, it is for Your personal use only and is non-transferable. You must not authorise or permit any other person to use Your account. You must take reasonable care to protect and keep confidential Your password and other account or identity information. You must notify Us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use Your account or identity (unless and to the extent that We are at fault). If You know or suspect that anyone other than You knows your account information, You must promptly notify Us.
7. ACCURACY OF THE CONTENT AND GUIDANCE ON OUR WEBSITE
7.1 Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties or guarantees, whether express or implied, that the Content on Our Website is accurate, complete or up to date.
7.2 Any guidance or similar information (including showcasing artists) which We ourselves make available on Our Website is intended as general guidance only and We do not accept legal responsibility for it. Before acting on such guidance, You must make Your own appropriate and careful enquiries including as to its accuracy and suitability for Your purposes. You rely on such information at Your own risk.
7.3 Where Our Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. We do not recommend or endorse, nor are We legally responsible for or have control over the contents of those websites or the goods or services which they offer. You use such third party sites at Your own risk.
8. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
8.1 We do not guarantee that Our Website, or any Content on it, will always be available or be uninterrupted. We may, without notice and without liability, suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons, including but not limited to and for the purposes of repair, maintenance, improvement, or other technical reason. We will try to give You reasonable notice of any suspension or withdrawal. If We withdraw Our Website, accrued rights and liabilities are unaffected. All clauses in these Terms which are stated or intended to continue after withdrawal shall continue to apply.
9. VIRUS PROTECTION
9.1 We do not guarantee that Our Website will be secure or free from bugs or viruses. You are
responsible for configuring Your information technology, computer programmes and platform to
access Our Website. You should use Your own virus protection software.
10. LIABILITY
10.1 Whether You are a Consumer or a Trade Customer:
10.1.1 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence and for fraud or fraudulent misrepresentation; and
10.1.2 You must give Us a reasonable opportunity to remedy any matter for which We are potentially liable before You incur any costs remedying the matter Yourself.
10.2 If you are a Trade Customer:
10.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or any Content on it;
10.2.2 We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, Our Website; or
(b) use of or reliance on any Content displayed on Our Website;
10.2.3 In particular, We will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
10.2.4 You will indemnify us (on a full indemnity basis) against all claims and liabilities directly or indirectly related to Your use of the Website and/or breach of these Terms.
10.2.5 These Terms constitute the entire agreement and understanding between You and Us with respect to its subject matter and supersedes any previous communications or agreements between You and Us. You and We both acknowledge that there have been no misrepresentations and that neither You nor We have relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these Terms is excluded.
10.3 If you are a Consumer:
10.3.1 We only provide Our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3.2 We shall not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
(a) there is no breach of a legal duty of care owed to You by Us or by any of Our employees or agents;
(b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of Our breach or not contemplated by You and Us at the time You and Us entered into these Terms);
(c) such loss or damage is caused by You, for example by not complying with these Terms; or
(d) such loss or damage relates to a business.
10.3.3 You will be liable for any reasonably foreseeable loss or damage We suffer arising from Your breach of these Terms or misuse of Our Website (subject to Our obligation to mitigate any losses).
10.3.4 You warrant that any Content uploaded to Our Website complies with standards expected in these Terms, 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 warranty.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will only use Your personal information as set out in Our Privacy Policy.
12. CONTENT OF USERS
12.1 Our Website may include information and materials uploaded by Users, including to bulletin boards and discussion boards. Any such Content has not been verified or approved by Us. The views expressed by Users on Our Website do not represent Our views or values.
12.2 We do not recommend Content of Users. You rely on all such information at Your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such User Content or in connection with any dealings between Users.
12.3 You accept that we have no obligation to vet or monitor other Users. It is Your responsibility to carry out careful and appropriate due diligence before dealing with another User. You should be aware that a person may not be who he or she claims to be.
12.4 You acknowledge that in using Our Website You may be exposed to offensive or other inappropriate Content or behaviour. If so, You must notify our Customer Service Team immediately. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received. All complaints must clearly explain the reason for the complaint.
12.5 You acknowledge that We permit Users to post Comments in relation to Your artwork, events or otherwise and that these will be publicly available for viewing and will remain so following cancellation of these Terms. We are not responsible for monitoring or editing such Comments. You acknowledge that Comments may be critical or defamatory of You. Notwithstanding that We may be aware or ought reasonably to be aware that such Comments caused or contributed to publication of a defamatory statement about You, You release Us from any liability in connection with such defamatory statements provided We offer You a reasonable right of reply.
13. UPLOADING CONTENT TO OUR WEBSITE
13.1 You are responsible for your Content.
13.2 You must ensure that your Content is accurate and up to date, not misleading,
13.3 If You post a Comment, You promise that it is Your independent, honest and genuine opinion.
13.4 You are solely responsible for securing and backing up Your Content on Our Website.
14. RIGHTS YOU ARE GIVING US AND/OR RIGHTS WE HAVE WHEN YOU UPLOAD CONTENT ON OUR WEBSITE
14.1 We have the right to disclose Your identity to any third party who is claiming that any Content uploaded by You to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
14.2 We reserve the right to remove Your Content including artwork without giving reasons even if We have previously approved the Content.
14.3 We have the right without notice or refund to suspend, alter, remove or delete any of Your Content if, at Our sole discretion, Your post does not comply with Our acceptable standards as contained in these Terms.
14.4 We reserve the right to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where We have reason to believe that it breaches Our Terms, or that such steps are necessary to protect Us or others, or that a criminal act has been committed, or if We are required to do so by law or an appropriate authority. If so, You must not attempt to re-publish or re- send the relevant Content.
14.5 Any Content You upload to Our Website will be considered non-confidential and non-proprietary.
14.6 When You publish Content to Our Website, You grant us a perpetual, worldwide, non-exclusive, transferable, irrevocable, royalty-free, licence (with right to sub-licence) to use, copy, alter, reproduce, distribute, display, prepare derivative works of, or derivative works from, that Content in any media formats and across different media channels. We may also wish to use the Content to promote Our Website or Our products, including all language versions, on Our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of Our Website. When You upload Content to Our Website, You grant us a licence to allow third parties (for example, other Users, partners or advertisers) to use the Content for their purposes or in accordance with the functionality of Our Website. The licence ends when You withdraw Your consent unless and to the extent that Your Content has already been used by US and shared with others who have not deleted it or it persists in backup copies.
15. RULES ABOUT LINKING TO OUR WEBSITE
15.1 You may link to Our Website, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. The website in which You are linking must comply in all respects with the Content standards set out in these Terms.
15.2 You must not establish a link to Our Website in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
15.3 You must not establish a link to Our Website in any website that is not owned by You.
15.4 You must not frame Our Website on any other website, nor may You create a link to any part of Our Website other than the home page unless you obtain Our prior written consent. 15.5 We reserve the right to withdraw permission to Our Website without notice.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 All trademarks, logos, Content, and software used on Our Website are our intellectual property or the intellectual property of Our licensor(s) or the intellectual property of other Users. For the purposes of Your personal use only, You may view such material on Your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without Our prior written consent.
16.2 You may not collect, scrape or harvest any Content on Our Website or deep-link to or frame Content on Our Website without Our prior written consent.
16.3 You retain ownership of copyright in Your artwork and Your other Content subject to the licence You grant us as set out at Rights you are giving us and/or rights we have when you upload content on our website
16.4 You also grant each User a licence to use Your Content to the extent expressly permitted by these Terms.
16.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Our Website (“Submissions”) which You provide Us are non-confidential and shall become Our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
17. WE MAY MAKE CHANGES TO THESE TERMS AND OUR WEBSITE
17.1 We amend these Terms from time to time by posting the revised version on Our Website at least 7 days before they become effective. Every time You wish to use Our Website, You should check these Terms to ensure You understand the Terms that apply at that time. You will be bound by the revised Terms if You continue to use Our Website from and including the Effective Date.
17.2 We may update and change Our Website from time to time to reflect changes to Our products, Our users’ needs, changes in laws and regulations and to reflect Our business priorities. We will try to, but are not obliged to, give You reasonable notice of any major changes.
18. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
18.1 We may transfer all or part of Our rights and obligations under these Terms to another company or person, provided that if you are a Consumer, the transfer will not affect Your rights under these Terms. As these Terms are personal to You, You may not transfer any of Your rights or duties under it
without our prior written consent.
19. FORCE MAJEURE EVENTS
19.1 We are not liable for failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by any circumstances beyond Our reasonable control including third party telecommunication failures.
20. COMPLAINTS
20.1 If You have any complaints, including any complaints about the Content uploaded by other Users, You should contact our Customer Service Team.
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms, its subject matter and its formation (including any non-contractual disputes or claims) are governed by the laws of Malaysia. You and We agree to the exclusive jurisdiction of the courts of Malaysia.