Part 1: Intellectual Property
Part 2: Indemnity & Disclaimer
Part 3: Online Purchase
Part 4: Other Issues
PART 1: INTELLECTUAL PROPERTY
Use of the Website
You agree and acknowledge that the Website and the content, including but not limited to graphics and information, provided on the Website (the "Web Content"), is the sole and exclusive intellectual property of NAGACLOUD and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of NAGACLOUD, provided you may print a single copy of the Website Content solely for your personal, non-commercial use. While we strive to partner with reputable third party firms, NAGACLOUD will not be responsible for the content, information collected, terms and conditions or privacy rules maintained on any linked sites and we strongly encourage you to examine the privacy policies contained on these sites.
PART 2: INDEMNITY & DISCLAIMER
You agree to defend, indemnify and hold harmless NAGACLOUD, its officers and employees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Website.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAGACLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAGACLOUD MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NAGACLOUD, ITS OFFICERS, ADVISORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT NAGACLOUD IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM NAGACLOUD.
Alert on Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
PART 3: ONLINE PURCHASE
Products shown on the Website may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. NAGACLOUD does not represent or warrant that the descriptions of any products shown on the Website are accurate or complete. IF A USER PURCHASES A PRODUCT FROM NAGACLOUD THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR NAGACLOUD CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colors of products on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.
Please take note that all information posted on the Website, including prices for products is "as is" on a best price basis only, and NAGACLOUD reserves the rights to change, amend or vary any of this information without prior notice. We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping basket and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Website may display incorrect prices. If the price for the product on the Website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of NAGACLOUD, NAGACLOUD may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.
NAGACLOUD will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. NAGACLOUD will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, NAGACLOUD will immediately issue a credit to your credit card in the amount of the charge.
Methods of Payment
A variety of payment methods are offered on the Website for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
Unless expressly set forth on the Website, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. NAGACLOUD will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
All transactions conducted by or with NAGACLOUD, including sales of items shown on the Website and credit for returned merchandise, are made in Malaysian Ringgit (MYR).
NAGACLOUD may provide coupons to certain customers through loyalty or promotional campaigns. Terms and conditions of coupons will be as separately advised by NAGACLOUD.
By displaying products on the Website, NAGACLOUD is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Malaysia. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Unless otherwise specified for particular products or pursuant to a supplemental (or "extended") warranty plan offered by NAGACLOUD from time to time, NAGACLOUD will have no liability for any failure or malfunction of a product sold on the Website.
Any supplemental warranties offered by NAGACLOUD will be subject to terms and conditions posted on the Website from time to time.
NAGACLOUD, its officers and employees are not responsible or liable for any incidental or consequential damages whatsoever which may occur while purchasing products with us, during and after the purchase, including and not limiting to the user's negligence in fulfilling the required terms and conditions. Please read our disclaimer for more details.
PART 4: OTHER ISSUES
NAGACLOUD reserves the rights to suspend or terminate the account of any user in breach or in violation of any stated rules and regulations, terms and conditions as agreed, without assigning any reasons.
Age of Users
NAGACLOUD does not intend the Website to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. NAGACLOUD relies upon parents or guardians to determine if any content or items available on the Website are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Website only under the supervision of parent or guardian.
You consent to receive communications from us by e-mail. We will communicate with you by e-mail, by live messaging via life chat or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.