Xfarming Terms of Use (ToU)

May 01, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website is provided by Llewelyn Lipi subject to the following terms (“Terms of Use”).

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION CLAUSE. PLEASE REFER TO AND READ THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW.

Your Acceptance of Terms
By visiting and using this website you accept and agree to be legally bound by these Terms of Use, including any future modifications, and to abide by all applicable laws, rules and regulations.  If you do not agree with any of these Terms of Use, please do not use this website.

Some areas of this website may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this website, unless otherwise expressly stated.

These Terms of Use may be changed without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of this website will be deemed acceptance of any changes.

Privacy
Your privacy is important to us. We provide a notice explaining our online information practices and about the way your information is collected and used at this website. You may access our Privacy Policy here, which forms a part of these Terms of Use.

Intellectual Property
This website and the content and materials contained on this website (collectively, “Content”) are protected by copyrights, trade secrets or other intellectual property and proprietary rights under the laws of the Malaysia and other countries.

Content
This website has been prepared solely for the purpose of providing information about Llewelyn Lipi and the services and products it offers. This website has been compiled in good faith by Llewelyn Lipi. However, no representation or warranty is made as to the completeness, timeliness or accuracy of the information on this website. In particular, you should be aware that other information available on this website may be incomplete, may contain errors or may have become out of date. Llewelyn Lipi makes no commitment, and disclaims any duty, to update any of the dated information that is available on this website to reflect subsequent events or circumstances except as required by law.

Your Use of Content
Your right to make use of this website and any Content appearing on it is subject to your compliance with these Terms of Use. This website and any Content appearing on it may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content or materials appearing on this website, without the express prior written consent of Llewelyn Lipi.  Use or modification of the Content on this website for any purpose not permitted by these Terms of Use is prohibited.

Submissions
If you submit inquiries or feedback to Llewelyn Lipi through the email addresses listed on this website, do not submit information that would be considered proprietary and confidential. Llewelyn Lipi is not required to review any submission you may make. To the extent you submit any ideas or feedback to Llewelyn Lipi, you grant Llewelyn Lipi an irrevocable, perpetual, worldwide, fully paid-up, royalty-free right and license to use the same for any purpose.

Website Service
Llewelyn Lipi reserves the right to add, modify, delete or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use.

External Links and Services
Llewelyn Lipi may provide, or third parties may provide, links to other websites, applications, resources and/or services operated by third parties (each an “External Service). When you engage with a provider of an External Service, you are interacting with a third party, not with Llewelyn Lipi. If you choose to use an External Service, such use will be subject to such third party providers terms of use and such third party may use and share your data in accordance with its privacy policy. We encourage you to read and be aware of the terms and conditions and privacy policy of each External Service you use. When accessing and/or using an External Service, you do so at your own risk.

Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING, AS WELL AS ANY GUARANTY OR ASSURANCE THE WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  Without limiting the foregoing, Llewelyn Lipi is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of the Content and any and all features and functions of this website.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LLEWELYN LIPI AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF LLEWELYN LIPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity
You agree to indemnify, defend and hold harmless Llewelyn Lipi, Company Affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this website, or (b) your breach or violation of these Terms of Use.  Llewelyn Lipi reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Miscellaneous
These Terms of Use contain the complete and entire understanding and agreement between you and Llewelyn Lipi concerning this website and supersedes any and all prior or contemporaneous understandings relating to this website and your use thereof. These Terms of Use cannot be changed orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable.  The failure of Llewelyn Lipi to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.

Llewelyn Lipi is based in Malaysia and this website is managed from the Malaysia.  Llewelyn Lipi makes no representation or warranty that this website or that the Content contained on this website is appropriate or available for use in other locations.  Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable.

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