UPDATED AND EFFECTIVE AS OF 29TH MAY 2024
Welcome to the FAVE website https://myfave.com/ (“Site”) and/or FAVE mobile apps (“App”) (collectively, the “Platform”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY SO THAT YOU ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS TOWARDS THE APPLICABLE FAVE COMPANY IN YOUR JURISDICTION (FAVE ASIA TECHNOLOGIES SDN BHD (COMPANY REGISTRATION NO. 201101000765 (928899-V)) IN MALAYSIA, BEECONOMIC SINGAPORE PTE. LTD. (UEN: 201002456D) IN SINGAPORE AND PT DISDUS INDONESIA (NPWP: 31.220.128.8.022.000) IN INDONESIA) AND ITS RELATED COMPANIES, SUBSIDIARIES AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, "FAVE", "WE", "US" OR "OUR") IN RESPECT OF THE ACCESS AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.
BY ACCESSING THE PLATFORM, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU GIVE YOUR ACCEPTANCE OF AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME. YOUR ACCEPTANCE OF THESE TERMS OF USE SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN FAVE AND YOU AS THE USER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DISCONTINUE ACCESSING AND USING THE PLATFORM, ACCOUNT AND/OR SERVICES IMMEDIATELY.
7. DISCLAIMERS, EXCLUSIONS AND FORCE MAJEURE
Disclaimers
7.1. The platform and/or services are provided on "as is" and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose nor are there any warranties created by course of dealing, course of performance, custom or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the platform and/or services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
7.2. While we endeavour to ensure that the platform and/or services are secured, you acknowledge and agree that the entire risk arising out of the access, use or performance of the platform and/or the services shall remain with you to the fullest extent permitted by applicable law.
Exclusions and Force Majeure
7.3. To the fullest extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
(a) (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of goodwill; or (vi) failure to realise anticipated savings, in each case whether direct or indirect; and
(b) any indirect, incidental, special, consequential, exemplary damages, arising out of or in connection with the use of or inability to use the platform or the services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.
7.4. We shall not be liable for any delay or failure to perform the services, where the cause of such delay or failure is beyond our reasonable control. Such causes may include but not limited to an act of god, riot, civil commotion, strike (whether or not involving employees of Fave), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks, government order or change in any law or regulation which renders the performance impractical.
7.5. If we consider a force majeure event to be of such severity or to be continuing for such period of time that we are unable to perform any of our obligations, we shall have the absolute discretion to decide on such alternative arrangement(s), including but not limited to terminating this terms of use and/ or any specific contract or transaction (as defined in specific t&c section below) and without liability to you other than a refund of payments for services made by you for which is not performed or unable to be performed.
7.6. You acknowledge, accept and agree that all disclaimers, exclusions and limitations of liability set out in these terms of use represent a fair and reasonable allocation of risks and benefits of the agreement between us and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the stated risks. You further agree that these disclaimers, exclusions, and limitations shall be enforceable to the fullest extent permitted by applicable law.