1.0 The HOGANBO SITE
1.1 Who we are
The HOGANBO Site is operated by Old Ivy Ventures Sdn Bhd (Company No: 1022140-M) having its place of business at A-16-1 Sunway Giza, Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan. Malaysia.
1.2 Use of HOGANBO Site
HOGANBO Site’s services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the HOGANBO Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the HOGANBO Site, you represent and warrant that you are 18 years old or above.
By using the HOGANBO Site, you understand that any information you send to the HOGANBO Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
OIV may at its sole discretion refuse to offer access to or use this HOGANBO Site to any person or entity and may change the eligibility criteria at any time without notice to you.
- “Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel” structure and arrangement of the Content on the HOGANBO Site.
- “Country” means the country or countries where OIV sells the Products and provide related services to enable customers to purchase the Products on the HOGANBO Site.
- “Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a license agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof.
2.0 APPLICABLE POLICIES
2.2. Copyright Policy;
2.3 Prohibited or Restricted Activities and Products Policy;
2.4 Shipping and Returns Policy; and
2.5 Statement of Intellectual Property Rights.
2.2 Copyright Policy
The HOGANBO Site is Intellectual Property of Old Ivy Ventures Sdn Bhd © 2015. All rights reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
- You may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and you may copy the Content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
- You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local law in any country or jurisdiction. OIV may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time.
Shipping and Returns Policy
Statement of Intellectual Property Right
2.3 Intellectual Property
The HOGANBO Site and its Content is owned, controlled, or licensed by or to OIV and is protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
- You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the HOGANBO Site and/or the Content to any other website of other form of electronic or mechanical methods or medium.
- You may use information on the HOGANBO Site (such as standard terms and conditions, policies and similar documents)
made available by OIV for downloading from the HOGANBO Site provided that:
- you use such information only for your personal and non-commercial purpose;
- you do not make any changes to such information;
- you do not make any representations or warranties relating to such information; and
- you do not remove any proprietary notice language in all copies of the documents downloaded.
- Hoganbo HD-1 護康寶 HD-1, Hoganbo, 護康寶, HD-1 Premium and other graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of OIV. HOGANBO Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
If you believe that any content appearing on the HOGANBO Site may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform OIV. Upon receiving notification of a claim, OIV shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to OIV’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify OIV for all claims brought by a third party against OIV arising out of or in connection with such claim.
4.0 PURCHASING PRODUCTS ON HOGANBO SITE
You warrant that all information provided to OIV or HOGANBO Site as part of the registration process or entering into an agreement with OIV at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register, OIV shall conduct preliminary checks against its internal criteria and policies.
OIV reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby give your consent for checks relating to compliance under the Personal Data Protection Act 2010 and its related subsidiary legislations.
4.2 Goods and Services Tax
Effective from 1 April 2015, Goods and Services Tax (“GST”) is implemented in Malaysia. This replaces the previous sales and service tax. Please note that the prices of Products on the HOGANBO Site will include GST where otherwise provided. Kindly refer to the Goods and Services Tax Act 2014 and the relevant instruments for more information on GST.
5.0 USE OF AND RESTRICTIONS ON THE HOGANBO SITE
5.1 Non-Commercial Use and Downloading of Information
All materials downloaded or otherwise obtained through the HOGANBO Site are done at your sole discretion and risk and you shall be solely responsible for any damage to OIV’s computer system or loss of data that may resule from the download of any such material. No advice or information whether oral or written obtained by you from OIV or through or from the HOGANBO Site shall create any warranty not expressly stated herein.
5.2 No Unlawful or Prohibited Use
- Act in any manner or take any action which could damage, disable, impair or overload the HOGANBO Site, our infrastructure or interfere with any other party’s use and enjoyment of the HOGANBO Site;
- Probe, scan or test the vulnerability of the HOGANBO Site or any network connected to the HOGANBO Site, nor breach the authentication or security measures on the HOGANBO Site, or any network connected to the HOGANBO Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the HOGANBO Site, or any other customer of OIV, including any OIV or HOGANBO Site’s account not owned by you, to its source or exploit the HOGANBO Site or any service or information made available or offered by or through the HOGANBO Site, with the purpose of retransmitting to or from, or posting on the HOGANBO Site any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
- Use an anonymising proxy, or any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated-process to monitor, access, acquire or copy any portion of the HOGANBO Site, or in any way reproduct or circumvent the navigational structure of the presentation of the HOGANBO Site and/or Content without our prior written permission.
- Use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the HOGANBO Site or any transaction conducted on the HOGANBO Site, or involve any scheme to undermine the integrity of the data, systems or networks used by OIV or any user of the HOGANBO Site or gain unauthorised access to any portion or feature of the HOGANBO Site, or any other systerms or networks connected to the HOGANBO Site or to any OIV server, or to any of the services offered on or through the HOGANBO Site by hacking or any other illegitimate means;
- Obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the HOGANBO Site;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OIV on or through the HOGANBO Site or any service offered on or through the HOGANBO Site, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
- Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfre with, surreptitiously intercept or expropriate the HOGANBO Site, any system, data of Information;
Act in a manner that is defamatory, trade libellous, threatening or harassing;
- Engage in activities that violate any law, statute, ordinance or regulation;
- List, market, advertise, promote, negotiate, sell, distribute or complete transactions involving restricted and/or prohibited activities as set out in Section 2.3 (Restrictive and Prohibited Product);
- Engage any act that infringes OIV’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
- Disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
- Use the HOGANBO Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to OIV, you ,other users or third parties; or engage in an activities that would otherwise create any liability for OIV.
5.3 User Testimonials, Comments and Messages
The messages, comments, reviews and testimonials express the views of the users of the HOGANBO Site and not necessarily the view of OIV. Content of messages, comments, reviews and testimonials of HOGANBO Site users is neither created by, verified by nor adopted by OIV. OIV does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the HOGANBO Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute OIV’s authorised literature. Only authorised literature produced and issued by represents our position. Submissions posted by users on the HOGANBO Site is not official OIV material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the HOGANBO Site, including the violation of their privacy or Intellectual Property rights.
5.4 Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the HOGANBO Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. OIV shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
6.0 DISCLAIMER AND RELEASE
The HOGANBO Site and its Content are provided on an “As is”, “With all faults” and “As available” basis. OIV and our directors, officers, agents, joint ventures and employees disclaim all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the HOGANBO Site. OIV does not promise that the HOGANBO Site or any Content, information, material or feature of the HOGANBO Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the HOGANBO Site will provide specific results.
OIV does not guarantee continuous, uninterrupted or secure access to any part of the HOGANBO Site, and operation of HOGANBO Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. OIV does not ensure that any files or other data downloaded from the HOGANBO Site will be free of contamination, virus or destructive features. OIV will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but OIV makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in banking system, communications or mail service.
OIV may make changes and prices described in them, at any time without notice. The information, content or materials at the HOGANBO Site may be out of date, and OIV makes no commitment to update the information, content or materials at the HOGANBO Site. Content, materials or information published at the HOGANBO Site may refer to products, programs or services that are intended for use only in Malaysia and may not be used or relied upon in any other country saev where otherwise provided.
Your remedy against OIV for dissatisfaction with the HOGANBO Site or any Content, information or material is to stop using the HOGANBO Site or any such Content, information or material.
OIV shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release OIV, HOGANBO Site, our officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
7.0 LIABILITIES AND INDEMNITIES
7.1 Limitation of Liability
In no event will OIV, HOGANBO Site, our officers, directors, agents, joint ventures or employees mentioned at the HOGANBO Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
- the use, the results of use or inability to use the HOGANBO Site, or any websites linked to the HOGANBO Site, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
- any defect in goods, samples, data, information or services purchased or obtained from or through the HOGANBO Site;
- the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Product;
- violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the HOGANBO Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
- statements, acts or conduct by any user of the HOGANBO Site;
- unauthorised access by third parties to data or private information of any user; or any matters relating to the HOGANBO Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence
Notwithstanding any of the foregoing provisions, our liability and that of our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid to OIV for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RM5,000). All claims arising from the use of the HOGANBO Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonable sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
8.0 BREACH AND INFRINGEMENT
8.1 Breach by User
- OIV has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a counter party;
- OIV has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
- OIV has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to OIV, HOGANBO Site, other users or third parties; or
OIV reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the HOGANBO Site, to disallow the use of the HOGANBO Site in connection with the information, content or material that is claimed to be infringing, to modify or to change the HOGANBO Site or any portion of the HOGANBO Site, and any terms of policies, to modify, to suspend, to terminate the operation or access to the HOGANBO Site or part of the HOGANBO Site.
OIV may terminate your account without prior notification. You can terminate your account at any time by writing to [email protected]
Please refer to Section 8 (Breach and Infringement) for further details on dealings with accounts.
10.0 GOVERNING LAW AND DISPUTE RESOLUTION
In event of any dispute between OIV and you arising out of or in connection with your use of the HOGANBO Site, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, the the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of OIV to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
11.0 NOTICE AND FEEDBACK
Any feedback you provide at this HOGANBO Site is non-confidential.
All legal notices or demands to OIV shall be made in writing and sent to OIV personally, by courier or certified mail to Old Ivy Ventures Sdn Bhd, A-16-1 Sunway Giza, Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan. Malaysia. The notices shall be effective when they are received and acknowledge receipt by OIV in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to OIV. Notice to you shall be deemed to be served upon and received by you if and when OIV is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that OIV sends to you electronically satisfied the legal requirement for communication to be in writing.
Last Updated 24 December 2016