TERMS OF SERVICE

1. Introduction

Coldberg Sdn. Bhd. Company No.: 202101020335 [1420635­U]) is a private limited company incorporated in Malaysia with its registered address at 44­2, Suite G, Jalan Puteri 2/4, Bandar Puteri, 47100 Puchong, Selangor, Malaysia and having its place of business at No. 37, Jalan Setia Permai U13/43B, Setia Alam (“Coldberg”).

Coldberg operates the e-commerce website at   http:// coldberg. (Site”) as a platform for online consultancy and for products supplied by Coldberg and Vendors, advertisers and other third parties and through the Site (“Services”).

2. This Terms

2.1

The terms and conditions set out in this Terms of Service (“Terms”) govern all users of the Site and/or Services, including end-customers (collectively, “Users”) and constitute a legal and binding agreement between Users and Coldberg. By using or otherwise accessing the Site and/or Services, Users are confirming that they have read, understood and agreed to this Terms. The access to or use of certain areas or features of the Site and/or Services may be subject to separate policies,  standards or guidelines, or may require Users to accept additional terms and conditions as published on the Site.

2.2

Coldberg reserves the right, but undertake no duty  in its sole discretion without liability and without prior notice to you, to vary any parts of this Terms any time. The modified Terms shall come into effect from the date of such posting, which shall be reflected as the “Last Updated” date at the top of this page. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. In the event of any changes to this Terms, shall notify Users of such changes by email at the email address registered with their Accounts (defined below). Users’ continued use of the Site and/or Services after any such changes constitutes acceptance of the latest Terms. 

2.3

All obligations and restrictions applicable to Users under this Terms shall be binding on and applicable to their Authorised Users (defined below in 5.3) jointly and severally, and Users shall be responsible to procure that their Authorised Users adhere to this Terms. Accordingly, a default of this Terms by any Authorised User shall be deemed a default by the User jointly and severally.

3. Interpretation

3.1

In this Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:

“Content” means any data, text, software, music, sound, photographs, articles, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site;

“Event of Force Majeure” means any cause beyond the reasonable control of Coldberg to this Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike or lockouts whether involving employees of Coldberg or a third party, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, breakdown of machinery, unavoidable accident, or shortage of labour or raw materials;

“Intellectual Property Rights” means all intellectual property rights now in force or that come into force in the future in any part of the world (whether registered or not and includes all applications and rights to apply for registrations, renewals, and extensions) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content as well as rights of action and remedies in relation to infringements;

“Coldberg”, “we”, “us”, “our” means, for the purposes of this Terms and the Privacy Policy, Coldberg Sdn. Bhd.;

“Coldberg Technology” means Coldberg’s proprietary technology underlying the Site, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Coldberg or its licensors) in connection with the Site, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Coldberg from time to time that are not uniquely applicable to Users or that have general applicability in the art;

“Parties” means collectively Coldberg and relevant User, and a “Party” means any of them;

“Personal Data” means information in respect of commercial transactions that relates directly or indirectly to the Users and may enable Coldberg to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which Coldberg has or are likely to have access;

“Ringgit Malaysia” means the Malaysian currency that is accepted as legal tender in Malaysia

“User(s)”, “you”, “your” means, for the purposes of this Terms and the Privacy Policy any user of the Site and/or Services, including end-customers.

“Vendor” means User who are registered Companies who sell products and/or services on the Site.

3.2

References to Clauses are to the clauses of this Terms.

3.3

The headings are for convenience only and shall not affect the interpretation of this Terms.

3.4

Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.

4. Eligibility To Use

4.1

Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Site, Services and/or register an Account (defined below in 5.1) as a User. By accessing or using the Site and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity and authority to enter into a contract. Users who are below 18 years of age are deemed to have obtained the consent of their parent or legal guardian, or under the supervision of their parent or legal guardian. If a corporate entity is accessing or using the Site and/or Services, the person registering for an Account for and on behalf of a corporate entity represents and warrants that he has the requisite power and authority to bind such corporate entity to this Terms.

4.2

For transparency and fraud prevention purposes, and to the extent permitted by law, Coldberg reserves the right, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.

5. Account Registration

5.1

Users are required to register, whether through the Site or separate written agreement, and maintain an account with Coldberg (“Account”) in order to use the Services. If Users choose to register for an Account, Users agree to provide maintain and promptly update true, accurate, current and complete information about themselves as prompted by the relevant registration form or when required to verify the same before Account activation. By registering an Account, Users authorise Coldberg to collect, store, retain, process and use Personal Data provided to Coldberg in accordance with Coldberg’s Privacy Policy. Users’ failure to provide, maintain accurate, complete and up-to-date personal data to enable Coldberg to properly perform the Services may result in Users being unable to access and use the Site and/or Services. In any event, Coldberg reserves the right, in its sole discretion, to approve or refuse registration of an Account. 

5.2

Users may not assign or otherwise transfer their Accounts to any party without the prior written authorisation by Coldberg.

5.3

Users are responsible for designating any other individuals who have the right or authority to access, use or administer their Accounts for and on behalf of Users (“Authorised Users”). Whilst Users may permit such Authorised Users access to administer their Accounts (e.g. to purchase from the Site, update Users’ details, manage User’s Content, etc), Users remain fully liable under this Terms for all acts and omissions of their Authorised Users, whether or not such Authorised Users have acted in accordance with Users’ instructions. Users are solely responsible for maintaining the confidentiality of their password and other information relating to their Accounts, and any and all activities that occur under their Accounts. Users agree to (i) immediately notify Coldberg of any unauthorised use of their Accounts, password, or any other breach of security, and (ii) ensure that Users or Authorised Users exit from their Accounts at the end of each session. Coldberg will not be liable for any loss or damage arising from Users’ failure to comply with this provision.

5.4

Users acknowledge that Coldberg may establish general practices and limits concerning use of the Site and agree that Coldberg has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Site. Users acknowledge that Coldberg reserves the right to terminate any Account that are inactive for an extended period of time. Users further acknowledge that Coldberg reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

5.5

By registering an Account, Users and Authorised Users agree to receive informative, promotional or marketing emails or communications in connection with the Site and/or Services but they may opt-out from receiving such communications by clicking the “Unsubscribe” link at the bottom of the e-mail or exercise their rights as owner of their Personal Data under the Privacy Policy.

 

6. Products

6.1

Coldberg reserves the right to temporarily or permanently remove any product and/or service from the Site at any time without notice to Users.

6.2

The User acknowledges and agrees that Coldberg does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and Coldberg hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services and information provided on the Site including prices, descriptions, dimensions, weight, images and photographs whether available or advertised via the Site through the Services.

6.3

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users, Vendors and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and Coldberg shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

 

6.4

Save and unless disclosed otherwise by the other Users, Vendors and from advertisers and other third parties on this Site, the information on Site including but not limited to pictures, images, photographs, descriptions, data on the extent of delivery, appearance, performance, dimensions, weight, consumption of operating materials are not binding and are for reference only. For an accurate description and specification of any product or in the event of doubt, please contact the other Users, Vendors, advertisers and other third parties on this Site responsible for the information directly for clarification before placing an order. When browsing the Site, the colours of products may vary depending on a number of factors, such as the display settings of Users’ computer monitor.

6.5

While Coldberg strives for accuracy in the information displayed on the Site, inadvertent typographical clerical or other errors or omissions can occur on the Site or other document issued by Coldberg in the Site. Coldberg shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance. 

7. Promotional Offers, Discounts, Promo Code, etc

7.1

From time to time Coldberg may run promotions, contests, surveys, privileges and other programmes (collectively, “Promotions”), subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into this Terms. Promotions are only valid for such time period as Coldberg may determine in its sole discretion.

7.2

Unless otherwise specifically provided, The following terms shall apply to the use of credits, vouchers, coupons and codes or any inducements in similar form or nature (collectively, “Promo Codes”):

1. Each Promo Code is only eligible for a single successful transaction  and is only valid for the time period as specified by Coldberg;

2. Promo Codes are not resellable, transferable, exchangeable, convertible or redeemable for cash;

3. Promo Codes may not be combined accumulated or used in conjunction with other offers or promo codes and are applicable for use only as per the terms of the Promo Codes;

4. Promo Codes may only be used pursuant to the specific terms that Coldberg establishes for such Promo Codes and Users must enter the relevant Promo Code into the relevant field prior to completing an order;

5. A minimum spending may be required before use of a Promo Code is permitted;

6. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Promo Codes is allowed. Promo Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used. Coldberg reserves the right to verify the validity of any Promo Code and to declare null and void, any Promo Code which in its opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used;

7. Coldberg reserves the right to withhold, deduct or remove credits or other features or benefits obtained through the use of a Promo Code by any User in the event that Coldberg determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code or this Terms.

8. In the event the User’s Promo Codes is lost, stolen, damaged or destroyed, , no replacement will be provided by Coldberg.

7.3

Where any free gift is offered as part of a Promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

7.4

Coldberg’s decision on all matters relating to Promotions and Promo Codes is final and binding.

7.5

Coldberg reserves the right to change, suspend, cancel and/or waive any Promotion or Promo Code and its applicable terms and conditions thereof at any time and from time to time in its sole discretion without notice to Users and liability to Coldberg.

8. Payments

8.2

All prices, fees and charges in respect of Products or Services shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, as stipulated by the Vendors however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

 

9. Obligations and Restrictions

9.1

Users may only use the Site and/or Services in compliance with applicable laws and for legitimate purposes. Users agree to comply with this Terms, all local rules and laws regarding the use of the Site and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.

9.2

In using the Site, Services and/or Content, Users must not:

1. use it for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or this Terms;

2. use it in any manner that could damage, disable or impair Coldberg’s server, or interfere with other Users’ access or use of the Site and security related feature of the Site;

3. disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Coldberg Technology, any software, applications, updates or hardware contained in or available via the Site;

4. do anything or cause an action to be done resulting in the infringement or violation of Coldberg’s Intellectual Property Rights;

5. attempt to gain unauthorized access to the Site by using other User’s Account through means of hacking, mining or other means of interference;

6. solicit personal information from anyone under the age of 18;

7. harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

8. interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or circumvent any technology used to protect the Site;

9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site and/or Services; and/or

10. remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or pass off or attempt to pass off the Site and/or Services as the product of anyone other than Coldberg.

Coldberg reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.

9.3

Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site.

10. Updates, Modifications and Availability

10.1

Coldberg may modify or upgrade the features and functionality of the Site from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site or any function or feature thereof. In this regard, Users acknowledge and agree that Coldberg assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Site.

10.2

Notwithstanding anything contained in this Terms, Coldberg reserves the right to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof). Users agree that Coldberg shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site and/or Services.

11. Intellectual Property

11.1

The Site, Content and Coldberg Technology underlying the Site are the property of Coldberg  and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by Coldberg, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and/or Content, in whole or in part. The word “Coldberg” and associated logo are the trademarks, trade names and/or service marks of Coldberg, and Users agree not to display or use in any manner such names and/or marks without Coldberg’s prior written authorisation. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Coldberg Technology. Any uses of the Site and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Coldberg.

11.2

By using the Site, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site and/or Services granted to Users pursuant to this Terms. Nothing in this Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Coldberg’s trade or service marks displayed on the Site without Coldberg’s prior written permission in each instance. All goodwill generated from the use of the Site, Services and/or Content will inure to Coldberg’s exclusive benefit.

11.3

Anything that the User submits to the Site and/or provide to Coldberg , including but not limited to questions, reviews, suggestions, feedback, ideas and comments (collectively, “Submissions”) will become Coldberg’s sole and exclusive property and shall not be returned to you. In addition to the above, when the Users post any comment reviews or feedback the User grants us the right to use the particulars the User submitted with in connection with the particular comment review or feedback. The User shall not use a false e-mail address, impersonate or pretend to be someone other than the User, or otherwise mislead Coldberg and other Users. Coldberg may but is not obligated to remove or edit any of the

11.4

Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Coldberg.

12. Third Party Resources

12.1

The Site may contain links to third party’s websites, person, organisation, name, brand, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by Coldberg, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Coldberg of such Third Party Resources.

12.2

When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under this Terms.

12.3

Coldberg has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, Coldberg will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold Coldberg harmless from any and all liability arising from the use of any Third Party Resources.

13. Disclaimers

13.1

This Terms set out the full extent of our obligations and liabilities in respect of the Site and Services.

13.2

To the extent permitted by law, Coldberg disclaim all implied and/or expressed warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on the Site. We assume no liability for any loss or damage arising from your use of or reliance on the information on the Site, including without limitation any omission, error, mistake, infringement, falsehood, defamatory material or any other material or omission that might offend or otherwise give rise to any claim. 

Coldberg disclaims any endorsement or recommendation of any person, organisation, name, brand, product, or service referred to on the Site. We further disclaim any and all liability in relation to services materials and information posted by advertisers sponsors and any other third parties on the Site.

Coldberg make no warranties or representations in respect of your ability to access the Site and do not warrant that the functions of the Site shall be uninterrupted and defect or error free.

None of Coldberg agents or representatives is authorised to make any representations warranties or statements regarding any information on the Site and Coldberg shall not be in any way legally bound by any or such unauthorised representations warranties or statements.

13.3

Coldberg has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site and/or Services.

13.4

Users may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material and Coldberg accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.

13.5

If any Users are dissatisfied with the Site and/or Services, or do not agree with any part of this Terms, or have any other dispute or claim with or against Coldberg with respect to this Terms or the Site, Users’ sole recourse is to discontinue use of the Site and/or Services.

14. Exclusion and Limitation of Liability

14.1

 

BY ACCESSING AND USING THIS SITE THE USER ACKNOWLEDGES AND ACCEPTS THAT THE USE OF THIS SITE AND SERVICE IS AT THE USER’S RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLDBERG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS TERMS, THE SITE, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, THEN USERS EXPRESSLY AGREE THAT IN NO EVENT WILL COLDBERG’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY THE RELEVANT USER TO COLDBERG IN RESPECT OF ANY PRODUCT OR SERVICE BEING THE SUBJECT OF THAT USER’S CLAIM.

14.2

COLDBERG PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY EITHER EXPRESSED OR IMPLIED. OTHER THAN APPLICABLE PRODUCT WARRANTIES, COLDBERG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE (III) PRIVACY & NON-INFRINGEMENT, (IV) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, AND (V) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Coldberg OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN TO THE EXTENT PERMITTED BY LAW.

 

14.3

Nothing in this Terms shall limit or exclude Coldberg’s liability in respect of (i) losses caused by fraud, fraudulent misrepresentation or negligence, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.

15. Indemnity and Release

Users hereby agree to indemnify Coldberg, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Services, Content and/or performance of Users’ duties and obligations under this Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of this Terms by the Indemnified Parties.

16. Term, Suspension and Termination

16.1

The agreement between Coldberg and each User under this Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Site and/or Services, or (b) registration of an Account, or (c) execution of a written agreement with Coldberg in respect of the use of Coldberg’s services, and will remain in full force and effect for as long as relevant User continue to use the Site and/or Services.

16.2

Coldberg may in its absolute discretion immediately suspend, discontinue or terminate a User’s access in whole or in part to and/or use of the Site, Services and/or its Account under this Terms in the event of any actual or suspected breach of any provisions under this Terms, or upon request by any law enforcement or other government agencies of similar nature, infringement of Intellectual Property rights, unexpected technical or security issues, or discontinuance or material modifications to the Site and/or Services with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, Coldberg reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities. Termination of the User’s access to the Site in whole or in part shall be without prejudice to any other rights or remedies that Coldberg is entitled to under the Terms, at law or in equity.

16.3

Upon termination of the agreement with a User pursuant to this Terms, the User’s access rights to the Site and/or Services and other rights hereunder shall terminate.

16.4

All provisions of this Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

17. General

17.1

No delay, neglect or forbearance on the part of a Party in enforcing against the other Party any term or condition of this Terms shall either be or deemed to be a waiver or in any way prejudice any right of that Party under this Terms.

No waiver by Coldberg of any breach of the Terms by the User shall be considered as a waiver of any subsequent breach of the same terms or any other provision.

17.2

If any provision of this Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from this Terms and rendered ineffective as far as possible without modifying the remaining provision of this Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of this Terms.

17.3

Save as otherwise specifically provided in this Terms, Coldberg shall not be liable for failures or delays in performing its obligations hereunder arising from any Event of Force Majeure or be deemed to be in breach of the contract, and in the event of any such delay, Coldberg may at its sole option fully or partially suspend performance for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances or terminate any contract so affected with immediate effect by written notice to the User and Coldberg shall not be liable for any loss or damage suffered by the User as a result thereof.

17.4

This Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without Coldberg’s prior written consent. Coldberg may transfer, assign or delegate this Terms and its rights and obligations thereof without prior notice to or consent by Users.

17.5

No person who is not a party to the contract or this Terms (including any officer employee agent representative or sub-contractor of either Party) shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or this Terms which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the Parties.

18. Territory, Governing Law and Jurisdictions

18.1

This Terms is directed solely at persons accessing the Site from Malaysia. We make no representation that any product or service referred to on the Site is available, or appropriate for use in any other location.

Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, this Terms and Users’ use of the Site and/or Services shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and subject to the Clause 18.2, Users hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with this Terms.

18.2

Any claims or disputes arising out of or relating to this Terms shall be submitted to a single arbitrator to be appointed by the Parties in dispute or, failing agreement within 14 days after either Party has given to the other Party in dispute a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman for the time being of the Asian International Arbitration Centre ("AIAC") and such submission shall be a submission to arbitration in accordance with the Rules of the AIAC as presently in force by which the Parties in dispute agree to be so bound. The place of arbitration shall be Malaysia and the arbitration shall be conducted wholly in the English language.