Terms & Conditions
Welcome to the The Ultimate DurianBB Dessert Challenge website, owned and operated by DurianBB International Sdn Bhd, a company registered in Malaysia with registered number 989066-W who registered office is at A2-39-3, Soho Suites, No., 8, Jalan Perak, 50450 Kuala Lumpur, Malaysia
The Terms and Conditions listed below spell out your rights and obligations in connection with the use of the DurianBB Malaysia website, www.durianbb.com.my. DurianBB Malaysia provides the content and services available on www.durianbb.com.my to you subject to the following terms and conditions (“Terms and Conditions”). By accessing www.durianbb.com.my, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
- Purchase Related Policies
The products and services available on the DurianBB Malaysia website, www.durianbb.com.my, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on www.durianbb.com.my; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on www.durianbb.com.my are accurate, complete, reliable, current, or error-free. Additional information provided on this site is for educational and informational purposes only. DurianBB Malaysia does not take responsibility for any consequence relating directly or indirectly to any information, recommendations, treatment, procedure, action or application of medicine by any person using the present site. The information contained here is offered without any warranty and it is not liable for its accuracy, mistakes, or for any damage caused by user’s reliance on information obtained from www.durianbb.com.my.
- Intellectual Property
All content available on www.durianbb.com.my, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) are the property of DurianBB Malaysia, our affiliates, partners or licensors, and are protected by international copyright laws. The trademarks, logos, and service marks displayed on www.durianbb.com.my (collectively, the “Trademarks”) are the registered and unregistered marks of DurianBB Malaysia, our affiliates, partners or licensors, in Malaysia and in other countries, and are protected by international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of www.durianbb.com.my may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of www.durianbb.com.my. This limited license does not include the right to:
- frame or utilize framing techniques to enclose www.durianbb.com.my or any portion thereof;
- modify or download www.durianbb.com.my or Content (except caching or as necessary to view www.durianbb.com.my);
- make any use of www.durianbb.com.my or Content other than personal use;
- create any derivative work based upon either www.durianbb.com.my or Content;
- collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of www.durianbb.com.my for personal, non-commercial use only.A website that links to the DurianBB Malaysia website, www.durianbb.com.my:
- may link to, but not replicate, our Content;
- may not imply that we are endorsing such website or its services or products;
- may not misrepresent its relationship with us;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- may not use any Trademark; and
- may not link to any page of www.durianbb.com.my other than the home page. We may, in our sole discretion, request that you remove any link to www.durianbb.com.my, and upon receipt of such request, you shall immediately remove such link.Any unauthorized use by you of www.durianbb.com.my terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities
- Your Account
You may choose to register at www.durianbb.com.my. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in DurianBB Malaysia’s best interests to do so.
- Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from www.durianbb.com.my. Links appearing on www.durianbb.com.my are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from www.durianbb.com.my, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Representations and Warranties; Limitation of Liability
The DurianBB Malaysia website, www.durianbb.com.my is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or www.durianbb.com.my, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
- interruption of business;
- access delays or access interruptions to www.durianbb.com.my;
- data non-delivery, misdelivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on www.durianbb.com.my;
- computer viruses, system failures or malfunctions which may occur in connection with your use of www.durianbb.com.my, including during hyperlink to or from third party websites
- any inaccuracies or omissions in content or
- events beyond our reasonable control.further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to www.durianbb.com.my regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed One Hundred Malaysian Ringgit (RM100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of www.durianbb.com.my. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding www.durianbb.com.my, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Selangor, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Selangor. Any dispute relating in any way to your visit to www.durianbb.com.myshall be submitted to confidential arbitration in Selangor, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the Malaysian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please write to us at firstname.lastname@example.org.