EatLala Technology Enterprise (“EatLala”) located at Sublot 23, 2nd Floor, One Jaya Commercial Complex, 93250 Kuching, Sarawak, Malaysia provides an digitalise ecommerce solution under the brand EatLala that enables you to build an web store (“Store”) through which you may sell your products and services (“EatLala”). By signing up for EatLala, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP. Eligibility 1. EatLala are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, EatLala are not available to persons under the age of EIGHTEEN (18) YEARS. 2. These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer. 3. EatLala uses many techniques to verify the accuracy of information provided when registering for EatLala and reserves the right to terminate the provision EatLala to you if it believes for any reason that such information may be incorrect. Features and Services 1. EatLala’ features (excluding payment gateway services and third party plug-ins) are listed on the EatLala official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://www.EatLala.com 2. EatLala will inform you by email of important information such as service outages, updates, modifications or new developments to EatLala and any changes to these Terms of Service. 3. EatLala may within THIRTY (30) DAYS’ notice to you: • Modify or discontinue any or all aspects of the EatLala or restrict your use of EatLala in whole or in part for any reason at our convenience; or • Change our pricing or these Terms of Service. If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of EatLala after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended. • EatLala maintains a strict no refund policy and does not provide refunds. Customer Content and Intellectual Property Rights 1. EatLala does not claim any intellectual property rights over your information or material submitted to EatLala and you retain ownership over and responsibility for your Store’s content. 2. However, you agree to grant EatLala the non-exclusive right and licence to use your Store’s name, trademarks and content on our EatLala website or in printed or online advertisements or other publications describing EatLala. 3. Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s). • “EatLala” and its logos are trademarks of EatLala and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the EatLala website are the exclusive copyright of EatLala. • You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over EatLala’ software and technology, and any other ecommerce solutions or services provided by EatLala. You shall not perform or attempt to perform any of the following actions: • Subleasing or otherwise offering for access any of the EatLala to any third parties; • Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of EatLala’ software and technology; or • Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner). User Restrictions and Indemnity 1. You shall not use EatLala in any manner that, as determined by EatLala in its reasonable discretion, whether actual or potential: • Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods; • Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights; • Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia; • Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that: • Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities; • Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or • Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same; • Accesses illegally or without authorisation any computers, servers, accounts or networks of EatLala or any other EatLala users, or attempts to hack into EatLala’s security systems, having EatLala host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using EatLala; • Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to EatLala servers; • Participates in any activities relating to pyramid or ‘Ponzi’ schemes; • Is harmful to EatLala servers (including without limitation overloading the EatLala’ servers or other technical infrastructure); • Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or • Otherwise creates liability for EatLala or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the EatLala operations, reputation, or goodwill. • Where your intended use of EatLala require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via EatLala without having first obtained the appropriate Licence(s). • You agree that your use of EatLala including information transmitted to or stored at EatLala servers are governed by our privacy policy at https://eatlala.com/policies/privacy-policy • You agree to indemnify and hold EatLala, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from: • Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and • Your use of EatLala (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Store) Privacy Policy 1. EatLala values your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://eatlala.com/policies/privacy-policy 2. For your information, EatLala employs Secure Socket Layers (SSL) to protect all your personal information. EatLala uses designated processors to handle all credit card payments and does not store any credit card information in any format or record. Cancellation of Your Account 1. You may cancel your account at any time by emailing us at HelloEatLala@gmail.com 2. However, you are liable for the charge(s) for the 12 months during which you have cancelled your account. 3. Upon cancellation, EatLala may delete any data file associated with your use of the EatLala. Site Content Modification and Termination of Service 1. EatLala may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and: You fail to remedy it within the time period set out in our email notification to you; or You fail to conform to the instructions in our notification to our absolute satisfaction. 2. You agree that EatLala shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1. 3. EatLala reserves the right to discontinue your use of any or all aspects of EatLala without prior notice if we have determined in our reasonable discretion that: • You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of EatLala is in violation of any third party’s intellectual property or other proprietary rights); or • It is necessary for security reasons or for the proper continuance of the operations of EatLala; • You are not using EatLala for a legitimate business purpose. • If at any time EatLala is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of EatLala. • In the event EatLala discontinues your use of EatLala entirely for reasons of sections 7.2 or section 7.3: • You agrees not to re-register for or otherwise obtain access to EatLala without our written approval; and • EatLala reserves the right to delete your account (including any data file associated with your use of the EatLala). Disclaimer of Warranties 1. EatLala provides EatLala on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing EatLala gives no warranty: • That the EatLala and its other software or services will be error-free or uninterrupted; • Regarding uptime, use, data security, accuracy and reliability of EatLala; • That our security procedures will prevent the loss of, alteration of, or improper access to your information; • In relation to any third party offerings or products available via EatLala; • In relation to the availability of external sites or resources (normally provided in EatLala), or for any of its content, advertising, products or other materials. 2. EatLala provides domain name registration and renewal services only as a value added service to an active EatLala user. It is your responsibility to ensure that your domain(s) are renewed on time. EatLala does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period. 3. You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different. Limitation of Liability 2. To the widest extent permitted by law, EatLala (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of EatLala (however arising, whether as a result of your contractual relationship with EatLala or negligence). Notice 3. Any notices in connection with EatLala or these Terms of Service will be sent by EatLala to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server. Assignment 4. You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service. Governing Law 5. These Terms of Service shall be governed by and construed according to the laws of Malaysia. Force Majeure 6. EatLala’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control. Miscellaneous 1. These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and EatLala. 2. These Terms of Service, our Privacy Policy and our terms and conditions set out at https://eatlala.com/policies/index and https://eatlala.com/policies/index represent the complete agreement between you and EatLala, and supersedes all prior agreements and representations. 3. If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”. 4. No failure or delay on the part of EatLala to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof. 5. The system may update and upgrades from time to time. Terms of Service apply to enforce whenever the service(s) is available.