1. Thank you for accessing www.goobat.care (the "website"). Please read these terms and conditions ("Terms") before using the website which is operated by Goobat Sdn. Bhd. whose business address is at E1-02-10, Sunway Geo Avenue, Jalan Lagoon Selatan, Bandar Sunway, 47500 Subang Jaya, Selangor Darul Ehsan ("Goobat"). By using the website, you signify your acceptance of the Terms in consideration of which Goobat provides you with access. From time to time Goobat may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the website. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time you do not wish to accept the Terms or are below the age of 18, you may not use the website. From time to time Goobat may run competitions and promotions via the website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
2. GENERAL OBLIGATIONS You are wholly and personally responsible for the use of the website. You acknowledge and agree that the website is intended for use within Malaysia only. Goobat does not warrant and guarantee that the website, or the information contained herein, complies with the local laws or regulations of, or is appropriate for use in any other jurisdiction or location from which you access the website. If you access the website from a jurisdiction or location other than Malaysia, you shall be responsible for compliance with any and all applicable local laws and Goobat shall not be liable in any way whatsoever for any breach of local law or regulation that you may commit as a result of doing so.
4. ACCOUNT SECURITY You are solely responsible for keeping your user account identifications and password safe and secure. Unless proven otherwise, actions taken under any user account identification shall be deemed to have been taken by you. You shall immediately notify Goobat in the event that the user account identification or password is compromised or suspected to be compromised. You are solely responsible for the completeness and accuracy of information provided on the website.
5. TERMINATION Goobat may at its sole and absolute discretion immediately suspend or terminate your access to the website without prior notice.
6. NO RELIANCE While Goobat has endeavoured to ensure the accuracy of the information accessed via the website, Goobat does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website.
7. LINKS There may be links that will let you leave this website or that will let you access this website from third party sites. Linked third party sites are not under the control of Goobat and Goobat is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by Goobat in favour of such site or the products or services contained in any linked site. To the extent that this website contains links to or may be accessed from outside services and resources, the availability and content of which Goobat does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
8. INTELLECTUAL PROPERTY The website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Goobat and content owned or controlled by third parties and licensed to Goobat. All individual articles, reports, and other elements making up the website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the website. You may not use any of Goobat's trademarks or trade names without Goobat's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Goobat in writing promptly upon becoming aware of any unauthorised access to or use of the website by any party or of any claim that the website or any of the contents of the website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.
9. LICENCE AND DOWNLOAD RIGHTS You acquire no rights or licences in or to the website and/or the Content other than the limited right to use the website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the website. Download is permitted by Goobat provided only that: (i) you make no more than one printed copy of such download and no further copies of such printed copy are made; (ii) you make only personal, non-commercial use of such download and/or printed copy; and (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the website available as part of another website, whether by hyperlink framing on the internet or otherwise. The website and the information contained therein may not be used to construct a database of any kind, nor may the website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the website.
11. THIRD PARTY COOKIES Social network icons. On our website we may use social networking icons and sometimes embed video content from websites such as YouTube. As a result when you visit a page with content embedded from for example YouTube or click on a social network icon, it will take you to a link to that social site which will present you with cookies from that site. We do not control the dissemination of these cookies and you need to check with the applicable third party website for more information.
12. NO WARRANTY The website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Goobat further accepts no responsibility or liability for functions contained on the website and makes no warranties that the website will operate uninterrupted or error-free or that defects will be corrected. Goobat does not warrant that the website is compatible with your computer equipment or that the website or its server is free of errors or viruses, worms or "Trojan horses" and Goobat is not liable for any damage you may suffer as a result of such destructive features. Goobat shall not be held responsible for Content provided by third parties. Goobat is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
13. LIMITATION OF LIABILITY You acknowledge that your use of the website, including the Content is at your own risk. If you are dissatisfied with the website, the Terms or any or the Content your sole remedy is to discontinue use of the website. In no event will Goobat, to the fullest extent permitted by applicable law, be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Goobat has been advised of the possibility thereof, arising from your use of the website.
14. CHANGES TO THE WEBSITE You accept that Goobat has the right to change the content or technical specifications of any aspect of the website at any time at Goobat's sole discretion. You further accept that such changes may result in your being unable to access the website.
15. INDEMNITY You agree to indemnify, defend, and hold harmless each of Goobat, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Goobat, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Goobat, its employees, representatives, suppliers, or agents is based on or arises in connection with: (i) your use of the website; (ii) any breach by you of the Terms; (iii) a claim that any use of the website by you (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or (b) is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the website by you; or (v) any misrepresentation or breach of representation or warranty made by you contained herein. References in this section of the Terms to your use of the website shall be deemed to include any use by a third party where such a third party accesses the website using your computer. You agree to pay Goobat, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
18. LOCAL LAWS AND REGULATIONS Goobat does not represent that either the website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
19. SEVERANCE AND WAIVER If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.
20. GOVERNING LAW AND JURISDICTION The Terms are governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the Malaysian courts.