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TERMS AND CONDITIONS OF USE Welcome
TERMS AND CONDITIONS OF USE
Welcome! You have entered the website owned and operated by Blank-Canvas-Designs.com
(“Blank-Canvas-Designs.com ”), identified by the URL Blank-Canvas-Designs.com
(the "Site"), but before proceeding further please read carefully the
following Terms and Conditions of Use which will govern your use of the Site
(”Terms and Conditions” which expression shall include any modification that
may from time to time be made thereto by Blank-Canvas-Designs.com ). By
using the Site or by placing an order through the Site you agree to and accept
all these Terms and Conditions and therefore have entered into an agreement with
Blank-Canvas-Designs.com governing your use of the Site. In addition, when
you use any current or future Blank-Canvas-Designs.com service(s), you
also will be subject to the guidelines and conditions applicable to such service
or business.
USE OF SITE ACCESS
Blank-Canvas-Designs.com grants you a
limited non-exclusive license to access and make personal and non-commercial
home use of this Site. As such, you cannot download the Site (other than page
caching) or modify the Site or its contents or any portion of the Site or any of
its contents, except with the prior written consent of Blank-Canvas-Designs.com
. This license does not include any resale or commercial use of this Site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this Site or its contents; any downloading or
copying of account information for the benefit of another merchant and/or user;
or any use of data mining, robots, or similar data gathering and extracting
tools. This Site or any portion of this Site may NOT be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without prior express written consent of Blank-Canvas-Designs.com . You may not
frame or utilise framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Blank-Canvas-Designs.com
and the Site without Blank-Canvas-Designs.com ’s prior express written
consent. You may not use meta tags or any other "hidden text"
utilising Blank-Canvas-Designs.com and the Site’s name or trademarks
without the prior written consent of Blank-Canvas-Designs.com . Any unauthorised
use automatically terminates the permission or license granted by Blank-Canvas-Designs.com
.
You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the homepage of the Site so long as
the link does not in any manner whatsoever or howsoever portray or depict the
Site, or its products or services in false, misleading, derogatory, obscene or
otherwise offensive light or manner. You may not use any Blank-Canvas-Designs.com
logo, the Site logo or other proprietary graphic or trade mark as part of the
link without Blank-Canvas-Designs.com ’s prior express written consent.
YOUR PARTICULARS
When you register with Blank-Canvas-Designs.com
, you agree to (i) provide true, accurate, current and complete information
about yourself as prompted by the Order form (the "Order Data") and to
(ii) maintain and promptly update the Order Data to keep it true, accurate,
current and complete. You are responsible for maintaining the confidentiality of
your Order Data or passwords and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
particulars. Blank-Canvas-Designs.com cannot and will not be liable for
any loss or damage arising from your failure to comply with this Terms and
Conditions. If you are under 18 years of age, you can use the Site only with
involvement of a parent or guardian. Blank-Canvas-Designs.com reserves the
right to refuse service, remove or edit content, or cancel orders at its sole
discretion.
RISK OF LOSS
All items purchased from the Site are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
TERMINATION
You agree that Blank-Canvas-Designs.com , at its
sole and absolute discretion, may terminate your use of the Site for any reason,
including, without limitation, lack of use or if Blank-Canvas-Designs.com
believes that you have breached or acted inconsistently with or in disregard of
the letter or spirit of the Terms and Conditions. Blank-Canvas-Designs.com
may also at its sole and absolute discretion and at any time, with or without
notice, discontinue providing its services or any part thereof. You agree that
any termination of your access to the Site under any provision of this Terms and
Conditions may be effected without prior notice, and acknowledge and agree that Blank-Canvas-Designs.com
may immediately bar any further access to the Site. On the happening of any of
the afore-going, you agree that Blank-Canvas-Designs.com shall not in any
manner whatsoever or howsoever, be liable to you or any third party for any
termination of your access to the Site.
INDEMNITY
You hereby agree to indemnify and forever save Blank-Canvas-Designs.com
, its affiliates, directors, officers, employees, owners, agents, information
providers, licensors and licensees harmless, from and against any and all
losses, claims, demands, damages, liabilities and/or costs and expenses,
including legal costs, on a full indemnity basis, which may arise from your use
of the Site, including, but not limited to, any breach of any of the Terms and
Conditions, or your violation of any rights of another. You shall use your best
efforts to cooperate with us in the defence of any claim. We reserve the right
(but have no obligation), at our own expense, to assume the exclusive defence
and control of any matter subject always to full indemnification by you.
You hereby acknowledge and agree that any breach
of the Terms and Conditions will result in irreparable harm and/or losses to Blank-Canvas-Designs.com
for which monetary damages would or may not be an adequate remedy and,
therefore, in addition to its rights and remedies otherwise available at law, Blank-Canvas-Designs.com
will be entitled to equitable relief, including both a preliminary or
interlocutory and permanent injunction, if such a breach occurs. You irrevocably
waive any requirement for the posting of a bond or other security if Blank-Canvas-Designs.com
seeks such an injunction.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Blank-Canvas-Designs.com
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Blank-Canvas-Designs.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
Blank-Canvas-Designs.com DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY
AND/OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Blank-Canvas-Designs.com
MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES THAT THIS SITE OR
THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED. Blank-Canvas-Designs.com DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Blank-Canvas-Designs.com ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Blank-Canvas-Designs.com
WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE USE OR THE INABILITY TO USE
THE SITE, (ii) ANY DEFECT IN GOODS, SAMPLES, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED FROM A USER OR A THIRD PARTY SERVICE PROVIDER THROUGH THE
SITE, (iii) UNAUTHORISED ACCESS BY THIRD PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR CONDUCT OF ANY USER OF THE SITE, OR (v) ANY
MATTERS RELATING TO SERVICES ACQUIRED THROUGH THE SITE HOWEVER ARISING,
INCLUDING NEGLIGENCE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA
THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Blank-Canvas-Designs.com OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED
HEREIN.
UNDER NO CIRCUMSTANCES SHALL Blank-Canvas-Designs.com
BE HELD LIABLE FOR A DELAY OR FAILURE OR DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES
ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOOD, STORMS,
EXPLOSIONS, ACTS OF GOD, ACTS OF TERRORISTS, WAR, GOVERNMENT ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
APPLICABLE LAW
This Site is created, owned and controlled by Blank-Canvas-Designs.com
in Malaysia. The Terms and Conditions shall be governed and interpreted in
accordance with the laws of Malaysia without giving effect to any principles of
conflicts of laws. Those who choose to access the Site do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
By visiting or using the Site or by placing an
order through the Site you hereby irrevocably accept, agree and consent to the
exclusive jurisdiction of the Courts in Malaysia in all disputes, controversies
or differences of whatsoever nature which may arise, out of or in relation to
the Terms and Conditions, or the breach hereof relating to the use of the Site.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the
Site. However, to the extent permitted by applicable law, we do not
warrant that the product descriptions or other content available on the Site is
accurate, complete, reliable, current, or error-free.
MODIFICATION AND
DISCONTINUANCE
We reserve the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Site and the
Terms and Conditions (or any part thereof) with or without notice to you. The
amended and restated Terms and Conditions will be posted on the Site and shall
be effective immediately upon posting. Posting by Blank-Canvas-Designs.com
of the amended and restated Terms and Conditions and your continued use of the
Site shall be deemed to be acceptance of the amended terms. You agree that Blank-Canvas-Designs.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site. Please also review our other policies
posted on the Site. These policies also govern your visit to Blank-Canvas-Designs.com
’s website.
WAIVER OF CONDITIONS OF USE
The failure of Blank-Canvas-Designs.com in
any one or more instances to insist upon performance of any of the terms or
conditions contained herein, or to exercise any right or privilege hereunder, or
the waiver by Blank-Canvas-Designs.com of any breach by you, of these
terms or conditions of sale, shall not be construed as thereafter waiving such
terms and condition, rights of privileges, and the same shall continue and
remain in force and effect as if no failure or waiver had occurred.
LINKS TO OTHER WEBSITES
Links to third party websites on this Site are
provided solely as a convenience to you. Please exercise discretion while
browsing the Internet using this Site. If you use these links, you will leave
this Site. Blank-Canvas-Designs.com has not reviewed all of these third
party sites and does not control and is not responsible for any of these sites
or their content. Thus, Blank-Canvas-Designs.com does not endorse or make
any representations about them, or any information, software or other products
or materials found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this Site you do
this entirely at your own risk. Blank-Canvas-Designs.com will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
INTELLECTUAL PROPERTY RIGHTS
Blank-Canvas-Designs.com is the sole owner
or lawful licensee of all the rights to the Site and all information, text,
messages, illustrations, images, logos, designs, icons, photographs, programs,
music, sound, video clips, directories, files, databases, listings or other
materials available on or through the Site (collectively the
"Content"). The Site and the Content embody trade secret and
intellectual property rights protected under worldwide copyright and other laws.
All title, ownership and intellectual property rights in the Site and the
Content shall remain with Blank-Canvas-Designs.com , its affiliates or licensors
of the Content, as the case may be. All rights not otherwise claimed under this
Terms and Conditions or by Blank-Canvas-Designs.com are hereby reserved.
“Blank-Canvas-Designs.com", "Blank-Canvas-Designs.com " and
related icons and logos of Blank-Canvas-Designs.com in various
jurisdictions are protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorised copying, modification, use or
publication of these marks is strictly prohibited.
NOTICES AND COMMUNICATIONS
When you visit the Site or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or
by posting notices on the Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
SEVERABILITY
If any provision of the Terms and Conditions
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
ENTIRE AGREEMENT
The Terms and Conditions constitute the entire
agreement between you and Blank-Canvas-Designs.com and govern your use of
the Site, superseding any prior agreements between you and Blank-Canvas-Designs.com
(including, but not limited to, any prior versions of the Terms and Conditions).
You also may be subject to additional terms and conditions that may apply when
you use other Blank-Canvas-Designs.com services, third-party content or
third-party software. Any assignment or transfer of either the Terms and
Conditions or any right granted hereunder is strictly prohibited.
HEADING
The headings of each of the Terms and Conditions are for convenience of
reference only and shall not form part of the Terms and Conditions. Such heading
shall be ignored in the interpretation or construction of any of the Terms and
Conditions.
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