Use of Website T&C

WELCOME TO THE XOX GROUP WEBSITE (hereinafter the “XOX”). The following terms and conditions of use govern your use of the XOX. The terms and conditions of use include but are not limited to any others agreements and policies incorporated by reference herein (collectively “Terms and Conditions of Use”). The contents and information on this website is protected by Intellectual Property Laws of Malaysia and is the private property of XOX COM SDN BHD (hereinafter referred to as “XOX”) and/or its affiliates. Such content and information is provided on an “as is” basis to you. No right, title nor interest shall be transferred to you under any circumstances.

  1. YOUR INFORMATION AND PRIVACY
    1. You agree to provide accurate, complete and up-to-date information in the required fields when registering with us. We would really appreciate if you could keep this information up to date. Personal information provided to XOX is kept secure and confidential and used only for the purposes for which it is provided. It will only be used by XOX, third parties operating and delivering services, or otherwise assisting XOX with this service.
  2. ACCESS INFORMATION
    1. Access information may be provided to access XOX websites and services following registration. XOX reserves the right to change the access information at any time at its sole discretion and users will be notified of the change as soon as reasonably practicable.
    2. XOX accounts are to be used by a single user only, and simultaneous access using the same access information may not be allowed. The user is responsible for all activities conducted through his/her account, whether authorized or not. Access information may not contain words that are obscene, abusive or likely to cause offence.
  3. MINORS
    1. By accessing the site, registering with us or providing us with any of your personal information, you’ll be representing and warranting that you are above age 18 and that you agree to these Terms and Conditions. If you are under 18 years old, please do not attempt to register with www.xox.com.my and do not provide us with your name, contact details or any other information about yourself.
  4. TRADEMARK
    1. “XOX” and the symbol are trademarks of XOX Com Sdn Bhd. Third parties’ product and service names profiled herein are trademarks and service marks of their respective companies. Nothing contained shall be construed as conferring a license of XOX’s intellectual property rights on the user.
    2. Any commercial use of XOX website and content found on XOX website is strictly prohibited, without XOX’s express and prior written consent. Any reproduction or redistribution of XOX Service, and content found on XOX website, not in accordance with the T&C herein is expressly prohibited by law, any may result in severe civil and criminal penalties. No license is granted in respect of those intellectual property rights. Images, trademarks, brands and all associated logos and symbols displayed on this site are protected by copyright, trade mark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner / individual.
    3. XOX reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively “Marks”) and nothing in the T&C grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with XOX.
  5. COPYRIGHT
    1. Copyright for the Company’s Website and all material appearing on it, such as text, photographs, images, music, or audio, (referred to collectively below as “content”) is owned by or has been assigned or licensed to the Company.
    2. Duplication, public transmission, modification, deletion, or republication on your website of content from the Company’s Website without the authorization of the copyright holder or the Company’s prohibited under copyright law, except for printing or storage for personal use, or another specific use permitted under copyright law. You are therefore required to contact the Company to obtain permission before making use of content appearing on the website. Note that permission to use such content may be refused at the absolute discretion of the Company.
    3. If use is made of content with the permission of the Company, you are required to display the copyright notice specified by the Company. Modification or deletion of the copyright notice without prior notice to the Company is prohibited.
    4. Unless otherwise indicated, the copyright in this site or any pages thereof, and its contents or materials which includes but not limited to the text, images, graphics, sound files, animation files, video files therein and in their arrangement, is owned by XOX, and is protected by applicable Malaysian and international copyright laws, international treaties and other intellectual property rights. No contents or materials, whole or in part, of this site or any pages thereof may be modified, copied, reproduced, displayed, performed, published, broadcast, distributed, retransmitted, transferred, licensed, sold, exploited or commercially dealt with in any manner without prior written consent of XOX.
  6. MODIFICATION
    1. XOX reserves the right, at any time without prior notice to you, to change the format and content of the website at any time. By using this website, you agree in advance to accept any such changes.
    2. XOX may terminate, change, suspend or discontinue any aspect of the XOX site, including the availability of any features of the site at any time. XOX may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. XOX may suspend the operation of this website for support or maintenance work, in order to update the content or for any other reason.
  7. TERMINATION
    1. At any time and for any reason in its sole discretion XOX may terminate this agreement, your access to the Website and/or the Services, your account and may halt any pending listings or sales at any time without notice to you. The provision relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. XOX shall have no liability or obligation for the termination of this agreement.
  8. CONTENTS, MATERIAL, INFORMATION & FUNCTIONS
    1. The contents or materials, information or functions contained in this site which includes but not limited to the text, images, graphics, sound files, animation files, video files, links therein are provided “as is”, “as available”, “as at” basis. XOX does not express or implies any warranties, endorsements or representations including but not limited to any warranties of the validity of the status of the information, title, accuracy, adequacy, reliability, completeness, usefulness, merchantability, fitness for a particular purpose, non-infringement of third party rights, virus free from the use of the site and/or any of the linked sites and/or pages thereof, the contents or materials, information or functions therein and expressly disclaims any liability for errors or omissions in the contents or materials, information or functions.
  9. PROPRIETARY RIGHTS TO CONTENT
    1. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
  10. LIMITATION OF LIABILITY
    1. It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for :
      1. Any breach of security of www.xox.com.my.
      2. Any damage, loss or corruption of any User Content, data, information or material
      3. Any viruses or other malicious programs that may infect your computer equipment or other property.
      4. Any breach of security by hackers in relation to www.xox.com.my XOX will not be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of www.xox.com.my or any other site. This applies for the employees, officers, directors, representatives and agents of XOX.
    2. We accept no liability for the contents and/or information on any third party website or for any loss or damage that you may suffer if you enter into any contract as a result of viewing such third party website through a link found on our website.
    3. XOX shall not be responsible for any damages suffered as a result of user usage of the information in the website and in no event shall XOX be liable for any indirect punitive or consequential damage howsoever arising from use of the website or the information contained herein.
    4. Chat, discussion groups or bulletin board services and similar services offered by XOX are public communications and your communications may be available to others. XOX is not responsible for, and does not control or endorse any content of any public communication services.
    5. If any information provided is untrue, inaccurate, incomplete or not current, XOX reserves the right to refuse membership, terminate the account and refuse any and all current or future use of XOX services or access to its websites.
  11. INDEMNITY
    1. You agree to indemnify and hold XOX, its parents, sisters companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against XOX arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or the Services.
  12. FORCE MAJEURE
    1. XOX shall not be, directly or indirectly, responsible for break or disruption of services on account of force majeure circumstances, such as riots, strike and lockouts either in the works and office of XOX or general strike in the city or in the country, civil disobedience, act of war, acts of terrorism, flood, tempest, fire, earthquake or any other act of God of policy of the Government, system failure, network failure, any external network or any cause of whatsoever nature beyond the control of XOX, making it impossible to render the Services to the Subscriber. However, the Subscriber shall continue to pay all Tariffs as per the terms of this Agreement notwithstanding the force majeure conditions. It is understood by the Subscriber that provision of Services by XOX is subject to certain external factors and agencies who are actively involved in providing the Services to the Subscriber and XOX shall not be liable for the same
  13. SEVERABILITY
    1. If any provision of this Agreement is found to be unenforceable by a court, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
  14. WAIVER
    1. The failure of XOX to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  15. DISCLAIMER
    1. XOX makes no warranty that XOX website will meet your requirement or that XOX website will be secure, timely, uninterrupted or error free, or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to XOX website for the reconstruction of any lost data. All use of XOX website is at your own risk and you are solely responsible for all damages resulting therefrom.
    2. XOX website is provided on an “as is, “ where is” and “ available basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
    3. Further XOX does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
    4. To the maximum extent permitted by applicable law, XOX disclaims all warranties, express or implied, including but  not limited to, negligence, shall XOX be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if XOX has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use XOX website any changes to XOX website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through XOX website or arising in connection with the fraudulent or unlawful acts of any third party.
    5. You specifically agree that XOX is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
    6. If  you are dissatisfied with XOX website, the materials available on or through the XOX service, website or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using XOX website or any of XOX’s other products and services.
    7. XOX will take reasonable measures to maintain the privacy and security of all private information provided by you to XOX website, but third parties (such as hackers) may breach or attempt to breach XOX’s security measures or may gain unauthorized access to XOX database or other equipment containing your information. You agree that XOX shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of XOX website or any other company equipment or user information.
  16. DISCLOSURE AND CONFIDENTIALITY
    1. XOX reserves the right to disclose any personal information about you or your use of the XOX service and without your prior permission. However, XOX may in good faith, believes that in certain circumstances it is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of XOX or its holding or affiliated company; (c) enforce this terms and conditions; (d) act to protect the interests of its members or others.
    2. Any non-personal information or material sent to XOX by you will generally NOT be treated as confidential.
  17. TERMINATION/ACCESS RESTRICTION
    1. Without limiting anything herein contained, XOX reserves the right to terminate XOX website at any time without notice and for any reason.
    2. In addition to any termination rights XOX may have under this t&c, XOX may terminate your access to XOX website without notice and in its own discretion in the occurrence of the following :
      1. You materially violate this terms and conditions or any Notice posted from time to time on the XOX Website, any applicable law, rules or regulations relating to the use of the XOX Service; or
      2. Any laws, regulations, or governmental action renders all or any portion of the XOX website (or your use of the XOX service) unlawful or impracticable; or
      3. Your use of XOX website impairs or threatens to impair the integrity or functionality of XOX network in any manner; or
      4. You agree that XOX shall not be liable to you or any third-party for any termination of your access to the XOX website.
  18. LAW APPLICABLE AND JURISDICTION
    1. The Agreement shall be governed by and construed in accordance with the Laws of Malaysia.
    2. Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement is to be commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High Court in Kuala Lumpur, Petaling Jaya, Shah Alam or Putrajaya, Malaysia, as the case may be.
  19. GENERAL
    1. Some of the above clauses are highlighted to aid the reader’s understanding of the terms and condition as recommended in the National Policy Objective as provided in Communications and Multimedia Act 1998.
    2. As such the highlight is only an aid to the reader and shall not affect in any way the meaning and interpretation of this terms and conditions and significance of other clauses of this terms and conditions.