The following Terms of Service (“Terms”) between you (“you” or “your”) and Zarrel Sdn Bhd (“we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the website located at www.zarrel.com.my (the “Site and related services (together with the Site and the Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
December 1, 2016
Notice Of Agreement To Arbitrate And Class Action Waiver
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in Section 8 of these Terms to resolve any disputes with Zarrel.
- About the Services
- Use of the Services
- Intellectual Property
- Disclaimer of Warranties; Limitation of Liability
- Dispute Resolution, Arbitration and Class Action Waiver
- ABOUT THE SERVICES
Through the Services, we aim to continually expand our collaborations to give you access to boutique-like and designer clothing at one single monthly fee.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 14 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent any clothing (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
- Modification Of The Services Or The Terms
Zarrel may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Zarrel will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to Zarrel upon registration.
- General Conditions
This Section 2(A) sets out terms and conditions that apply to your rental of any Product.
18 YEARS OR OLDER. Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including but not limited to availability concerns.
DELIVERY. All deliveries will be through Zarrel’s shipping partners, which may change from time to time at Zarrel’s discretion. The shipping method used will be at the discretion of Zarrel.
COLLECTIONS. If you do not pay the amounts you owe to Zarrel when due, then Zarrel will institute collection procedures. You agree to pay Zarrel’s costs of collection, including without limitation reasonable attorneys’ fees.
RETURN PACKAGING. With delivery of the Product, Zarrel will provide you with a pre-paid, pre-addressed Zarrel mailing envelope as well as instructions for your use in returning the Products to Zarrel (“Return Packaging”). The Zarrel carrying case or box is yours to keep.
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, Zarrel does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Zarrel will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
LOST RETURN LABEL. If you lose the Return Label, you will be responsible for returning the item at your own expense, and providing Zarrel with a tracking number.
LIMITED WARRANTIES. The following are the limited warranties Zarrel provides in connection with the Products. Zarrel’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties as determined by Zarrel. See Section 7(A) below.
- CORRECT PRODUCTS. We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. You acknowledge and agree that we may send you a replacement product of a similar style. Products may appear different in color and style than as displayed on the Site.
- CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. Zarrel partners with professional cleaners who cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Zarrel shall not be held liable for any health-related complaints associated with any Product.
- TERMS AND Conditions
SUBSCRIPTION. You will be entitled to rent up to three (3) Products at any time from a range of Products designated on the Site. Subject to your compliance with these Terms (including payment of fees) and our right to terminate the subscription, we do not impose any limitations on the time period during which you may keep any Product we have sent to you. Because subscription is a beta, membership is limited and may not always be available.
FEES. Upon subscription, Zarrel will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly subscription fee is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise Zarrel or our third party payment processor to charge your payment card for the applicable subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
CANCELLATION OF YOUR MEMBERSHIP. There are no refunds to a pre-paid membership. Your monthly subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email us at email@example.com or click on the cancellation request on your active account panel with www.zarrel.com.my. You must return your Products before the end of your current billing period to avoid additional fees. If Zarrel does not receive your Products by the end of your billing period in which you want to cancel your membership, Zarrel will charge you the full retail price of each Product or the next pre-pay for another month of subscription, subject to our discretion.
DELIVERY. All deliveries will be through Zarrel’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Zarrel. We will provide you with information about estimated delivery and arrival times of Products through the Site. The Products we send to you will be professionally cleaned and delivered ready to wear. Our cleaning partner professionally cleans, sterilizes and inspects each Product we send to you, but use of the Products is at your own risk and Zarrel or our cleaning partner shall not be held liable for any health-related complaints associated with any Product.
RETURNS. With each shipment of Products we send you, we will include one Return Packaging (as defined in section 2(b)), which you can use to return all of the Products you currently have. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product. You agree to return the Products using the Return Packaging.
ADDITIONAL OBLIGATIONS. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation.
DAMAGE, FAILURE TO RETURN PRODUCTS. Unless you cancel your subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your subscription or find out more information about your subscription, including your monthly or recurring pre-pay renewal date, by contacting firstname.lastname@example.org. As soon as you cancel, you will not be eligible to receive any additional Products. You may continue to keep Products you have already received, but you must return to Zarrel all such Products on or before the last day of the applicable subscription period during which you cancel. If we don’t receive your items on time, you will be charged up to the full retail price or the next recurring payables. You will not be entitled to any refund of subscription fees.
CHANGES TO AND TERMINATION OF SUBSCRIPTION. As subscription is a beta program, we reserve the right to modify (including the subscription fee) or terminate your subscription at our sole discretion. If we terminate your subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access, immediately upon our termination of your subscription), you must also return to Zarrel all Products you have received.
FAILURE TO PAY FEES. We reserve the right to pursue any amounts you fail to pay in accordance with these Terms.
- Use Of The Services
- ZARREL Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos and comments from other users (“Zarrel Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Zarrel Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Zarrel Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Zarrel Content.
UPDATES. We may update the Zarrel Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
- Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Zarrel websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Zarrel is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Zarrel, and Zarrel has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Zarrel endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
- Acceptable Use Policy
USE OF ZARREL CONTENT. No part of the Services, including the Zarrel Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Zarrel authorizes you to view, copy, download, and print Zarrel Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Zarrel Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Zarrel Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Zarrel Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Zarrel considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Zarrel representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend Zarrel and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend Zarrel and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
- Your Content
If you post, upload or make available to Zarrel or the Services, or otherwise submit to or through Zarrel as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Zarrel a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise Zarrel to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
- Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Zarrel promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the Zarrel Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
- Job Postings
Zarrel may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
- INTELLECTUAL PROPERTY
- Ownership Of The Services
The Services, including the Zarrel Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Zarrel and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Malaysia copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Zarrel” and the logo are registered trademarks of Zarrel Sdn Bhd, under the applicable laws of the Malaysia and/or other countries. Other Zarrel product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Zarrel and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Zarrel and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Zarrel Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Zarrel or such third party that may own such Zarrel Content.
- Services License
Subject to your compliance with these Terms, Zarrel grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Zarrel may use your Feedback without restriction or obligation to you or any third party.
- Notice And Take Down Procedures; Copyright Agent
If you believe any Zarrel Content infringes your copyright, you may request removal of those materials and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at firstname.lastname@example.org.
In an effort to protect the rights of copyright owners, Zarrel maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
- Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com or use of your account panel with www.zarrel.com.my. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
- Termination By ZARREL
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. Zarrel may also terminate your account if Zarrel determines that your conduct poses a risk or liability to Zarrel, or for any other reason as determined by Zarrel in its sole discretion.
- Effects Of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Lost Return Label), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(D), 6(C), and 7-9.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Limited Warranties
The limited warranties set out in Section 2(B) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Zarrel in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and Zarrel’s sole and exclusive liability for a breach by Zarrel of the limited warranties set out in Section 2(B) shall be, at Zarrel option, Zarrel use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
- Disclaimer Of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, ZARREL DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE ZARREL CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
- Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL ZARREL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF ZARREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
- DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
- Informal Process First
You agree that in the event of any dispute between you and Zarrel, you will first contact Zarrel and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
- Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Zarrel’s Services and/or Products, or relating in any way to Zarrel’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Zarrel. However, this arbitration agreement does not (a) govern any Claim by Zarrel for infringement of its intellectual property or access to the Services that (including the Site) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Malaysia Arbitration Act governs the interpretation and enforcement of this provision, and that you and Zarrel are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Zarrel Sdn Bhd. The arbitration shall be administered by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) under its rules. The KLRCA’s rules are available at www.klrca.org.my
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Malaysia law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the KLRCA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than RM5,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 8(C) below.
If you do not want to arbitrate disputes with Zarrel and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
- Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Zarrel each waive any right to a jury trial.
JURISDICTIONAL ISSUES. Zarrel makes no representation that the Services are appropriate or available for use outside Malaysia. Those who choose to access the Services or any part thereof from outside Malaysia do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Zarrel intends to announce or make available such products or services to the general public, or in your country. Contact Zarrel at email@example.com to determine which products and services may be available to you.
EXPORT LAWS. The laws of Malaysia prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Zarrel Content, or any part thereof, in any way, in violation of Malaysia law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Malaysia, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and Zarrel relating to the subject matter herein and shall not be modified except by Zarrel in accordance with these Terms, or as otherwise agreed in writing by you and Zarrel. No employee, agent or other representative of Zarrel has any authority to bind Zarrel with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Zarrel may assign these Terms at any time without notice to you.
FORCE MAJEURE. Zarrel will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Zarrel’s reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to Zarrel at firstname.lastname@example.org.