Terms Of Use
THESE TERMS OF USE ("AGREEMENT") CONTAINS THE LEGALLY BINDING TERMS FOR YOUR USE OF THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. CONTINUING TO USE THIS SITE SHALL MEAN THAT YOU AGREE WITH ALL OF THE TERMS. IF, FOR WHATEVER REASON YOU DISAGREE WITH THESE PROVISIONS AND DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT ENTER THE SITE AND USE ITS RESOURCES. IN CASE ANY CONTRADICTION BETWEEN THE DETAILS OF THIS AGREEMENT AND THE AGREEMENT, THE DETAILS GIVEN WITHIN THIS AGREEMENT SHALL BE DOMINANT AND VALID.
1. TERMS AND CONDITIONS
1.1. You are reading a legal document which is the agreement between you, the
User (whom we refer to as "you", "your" or the "User"
in this document) and us. This Site is owned and operated by FaveKad Sdn Bhd
("FaveKad, "we" or "our").
1.2. Please read this agreement carefully. By browsing, accessing or using favekad.com
("Site") or by using any facilities or services made available through
it or by transacting through or on it, User is deemed to have read, understood
and agreed to observe, comply and be bound with the terms and conditions of
this Agreement made between you and us. This Agreement applies to the Site and
related mobile applications (collectively, the "Platforms") that post
this Agreement, and any available interactive features, downloads, applications/apps,
widgets or other outlets that post or include a link to this Agreement. This
Agreement applies to User's use of the digital content available through the
Platforms, regardless of whether accessed via computer, mobile device or otherwise.
To use the digital content available through the Platforms, User will need a
device that meets the system and compatibility requirements for the relevant
products and services, which may change from time to time, and such system requirements
are User's responsibility.
1.3. FaveKad reserves the right to amend these terms and conditions at any time
and it is User's responsibility to review these terms and conditions on each
occasion of usage of the Site. All amendments to these terms and conditions
will be posted online and disclosed to User by email to the email address you
registered with us. User may terminate this Agreement by written notice to us
(by email at support@favekad.com) if you do not wish to be bound by such new
terms and conditions. However, continued use of the service or the Site will
be deemed to constitute acceptance of the new terms and conditions.
1.4. As a consumer, nothing in this Agreement affects the User's non-excludable
statutory rights. User does not have the right to interfere in the Site security
provision or, in any other similar way, to use the Site or other system resources,
networks and services accessible through or connected to the Site in a corrupt
manner. The User agrees to use the Site entirely within the lawful and intended
limits.
2. INTELLECTUAL PROPERTY
2.1. The Platform include all materials that are included in or are otherwise
a part of the Platform (including past, present and future versions of the Platform),
including, without limitation: graphics; layout; text; instructions; images;
trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers;
games; contests and sweepstakes; voting; technology; applications; artwork;
information; data; designs; compilation; advertising copy; domain names; any
and all copyrightable material (including source and object code); the "look
and feel" of the Platform; the compilation, assembly and arrangement of
the materials of the Platform; and all other materials related to the Platform
(collectively, "Materials"). The Platform is the property of FaveKad
and its shareholders, and are protected by legal and subordinate acts relating
to intellectual property including but not limited to copyright laws and other
similar laws.
2.2. When the User uses the Platform, he/she must: (a) keep intact all copyright,
trademark and other proprietary notices; (b) make no modifications to the Platform
or Materials; and (c) not copy or adapt any object code associated with the
Platform, reverse engineer, modify or attempt to discover any source code associated
with the Platform (nor allow or assist any third-party to do so).
2.3. User agrees that he/she will not sell, resell, copy, transfer, reverse
engineer, disassemble, decompile, create derivative works of, or allow third-party
access to the Platform, that User will not use, post, transmit, or introduce
any device, software, or routine which interferes or attempts to interfere with
the operation of the Platform, and that User will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Platform. User will use the Platform solely for his/her own personal use and
will not make the Platform available to any third-party for any reason. User
further agrees that he/she will not, including by use of any robot, scraper,
or other data mining technology or process, frame, mask, extract data or other
materials from, copy or distribute any portion of the Platform (except as may
be a result of standard search engine or Internet browser usage).
3. WORKING WITH SITE FILES
3.1. The Site is a resource that can contain or directly contains files, information,
software, illustrations, photographs and similar files being the subject matter
of copyright, a trademark or service mark, or that fall within the scope of
other identical or related rights of FaveKad, its subdivisions and affiliates
or any other third parties including other Users of the Site.
3.2. The User has no right to pass, sell, publish, move, reproduce, or develop,
modified or redone works or use the Site content in any similar way, in part
or in whole unless as permitted by the Platform.
4. PAYMENTS AND SUBSCRIPTIONS
4.1. Subscription to the Site may begin with a Free Package during which the
User will not be charge. The Site also offers services for a fee, either on
a one-time or subscription basis, which the User may subscribe to the Platform
and agree to pay the applicable fees for the services the User orders (including,
without limitation, periodic fees for monthly or annual subscriptions or bi-annual
subscriptions) as payment becomes due plus all related taxes, and to reimburse
FaveKad for all collection costs and interest for any overdue amounts.
4.2. The User may sign up for automatic billing or recurring billing for products
or services offered on the Site. Any recurring charge will be fixed at the price
agreed to at the time of purchase. The specific billing terms for the products
the User orders will be described on the offer page on the Site. If you sign
up for automatic or recurring billing, you will be notified of the billing terms
on the Site and how to stop recurring billing.
4.3. FaveKad has the discretion to alter prices for products/services at any
time. FaveKad is not responsible for any foreign currency exchange fees or surcharges
and will not make any compensation or reimbursement for charges imposed by the
User's bank or card issuer. FaveKad does not support all payment methods, currencies
or locations for payment. If the payment method, such as a credit card, reaches
its expiration date and the User did not edit the payment method information
or cancel the account or such service, the User authorizes FaveKad to continue
billing that payment method and the User remains responsible for any uncollected
amounts. It is the User's obligation to pay fees and continues through the end
of the subscription period during which the User may cancel the subscription.
All applicable taxes are calculated based on the billing information the User
provides FaveKad at the time of purchase. The User may cancel or suspend the
service by changing the settings in the User's account.
4.4. FaveKad does not guarantee refunds on ecard subscriptions.
4.5. For FaveKad Mall, please refer to the mall FAQ.
5. CONFIDENTIALITY
5.1. FaveKad respects the confidentiality of private and personal information
of all cooperating parties. For more information about the procedure of collection,
use and disclosure of the User's confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document.
5.2. In accordance with the purposes of the present Agreement, the term "Confidential
Information" should be read as any documents, software, data, information
or files related to the process of FaveKad management, its enterprise, staff,
members, affiliates, licensees and licensors, or such that is clearly defined
as confidential, including but not limited to: design, business processes, business
model, prices, development models and strategies, investigations, know-how,
training developments, trade secrets, personnel, methodologies, clients, Site
content belonging to others, and other intellectual property.
5.3. The User realizes that Confidential Information is such and cannot be disclosed
to third parties without clear written permission from FaveKad and its licensors
or used otherwise, except in cases established by law or directly specified
within the present Agreement.
6. MOBILE FEATURES
6.1. The Platforms may offer features and services that are available to the
User via mobile phone or other mobile device. These features and services may
include, without limitation, the ability to upload User Content to the Platforms,
receive messages (e.g., SMS and MMS messages, in-App messages, and on-device
notifications) from the Platforms, download applications to the mobile phone
or device, or access Platforms features (collectively, the "Mobile Features").
FaveKad may charge the User for Mobile Features. Also, standard messaging, data
and other fees may be charged by User's telecommunications carrier. Fees and
charges will appear on User's mobile bill or be deducted from User's prepaid
balance. User's telecommunication carrier may prohibit or restrict certain Mobile
Features and certain Mobile Features may be incompatible with User's carrier
or mobile device. User would require to contact the telecommunication carrier
with questions regarding these issues. If User has registered for Mobile Features,
User agrees that FaveKad may send communications to User's mobile device regarding
FaveKad, or other parties, and collect information related to User's use of
the Mobile Features. User agrees to notify FaveKad of any changes to User's
mobile number and update User's account on the Platforms to reflect any such
changes.
6.2. In addition to the other restrictions and limitations contained in this
Agreement, FaveKad is not responsible for failures in the performance of Mobile
Features, including but not limited to, the delivery of electronic messages
via the Mobile Features as a result of any technical issues. There may be other
reasons for a delivery failure as well. FaveKad does not provide refunds for
electronic messages or cards that are not delivered due to technical issues
for which FaveKad is not responsible.
7. ACCESS PASSWORDS
7.1. The User confirms his/her consent that the process of user identification
is performed with the purpose of granting him/her access to his/her user profiles
and operations governing access to Site content. The username (login) and password
chosen by the User are confidential information. The User realizes the necessity
of non-disclosure of this information and promises to keep in secret and not
uncover, pass, or offer personal access data to a third party without clear
written permission from FaveKad.
7.2. The User confirms his/her consent that he/she, as an owner of the access
login and password, bears responsibility for each access to the Site content
using the chosen login and password. Also, the User is informed and agrees that
FaveKad automatically accepts and recognizes his/her login and password as evidence
and clear proof of the fact that it was the User who gained access to the Site
content. The User realizes that the login and password are unique symbols, even
though FaveKad does not impose specific requirements as to their contents and
quality.
8. SITE BEHAVIOR RULES
8.1. The User confirms that he/she does not intend to use files of the Site
for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid
using any files obtained from the Site in an inappropriate manner including,
but not limited to:
- Abusing, threatening, hunting down, or violating the data protection rights
of third persons or other users of the Site;
- Placing, publishing, showing, or distributing files of a scandalous or detractive
nature, including ribald, indecent, coarse or unlawful pictures and other
files on the Platform;
- Passing, resending or in any other way distributing, cooperating or taking
part in the distribution of files or parts of program code that include, contain
or consist of parts of software or other files under the protection of intellectual
property or copyright laws and any affiliated protections (including the right
of confidentiality), excluding cases where the User owns or controls such
rights or has necessary permissions;
- Passing, resending or in any other way distributing, cooperating or taking
part in the distribution of files or parts of program code containing harmful
software (such as viruses) that may result in the disruption or total failure
of the correct operation of software or hardware in other computers;
- Deleting, clearing, cutting or in any other way concealing any author attributions,
labels, identifications, or legal notices in any files uploaded or downloaded
by the User;
- Falsifying or imitating data concerning an original source of any files
offered at the Site;
- Advertising or selling goods or services of any kind, and also placing at
the Site any information without any relation to the specialization of Site
resources (such as surveys, advertisements, or spammer mailings);
- Downloading or saving any files or programs at the Site if the User knows
that they are unlawful, cannot or should not be legally distributed;
- Using any Site options including but not limited to mailing to other members
of the Site for advertising purposes, to distribute referral links, promote
files, goods, services or activities, whether or not connected to the Site;
- Using any kind of information received from the Site or with the help of
the Site for creation of software, resources or programs being in direct or
indirect competition to FaveKad activities.
8.2. The User agrees that communication between users or between users and
third parties, as well as files and content presented at the Site, are not officially
approved by FaveKad, and no files or information placed at the Site permanently
or temporarily shall be regarded as analyzed, viewed or approved by FaveKad.
As stated below, FaveKad has the right and authority to remove any files at
any time without notification to authors, license-holders or owners of the files.
8.3. The User agrees to refrain from using the Site in such a way that could
result in its damage, operational trouble, or other negative outcome for other
Site Users. Also, the User agrees not to interfere with or access without authorization
other FaveKad user records. The User agrees to access Site files in accordance
with Site rules and procedures.
9. TERM, GROUNDS AND PRINCIPLES OF TERMINATION
9.1. This Agreement is effective until the moment of its termination. For such
purpose at any time the User should send a message using the Site's Contact
form or by any other written form appropriate for him/her, which identifies
the User and confirms the User's intention to notify FaveKad regarding the desire
to terminate the Agreement. FaveKad reserves the right at its discretion to
suspend, terminate or restrict the User's right to access to all or some content
and resources of the Site at any time, for any reason and without proofs or
prior notices.
9.2. FaveKad has the ability and right to suspend, terminate or change any part
of the Site or the Site in the whole, its functions, resources or databases
without prior notification or additional liabilities.
9.3. FaveKad also retains the right to suspend or fully terminate access of
the User to the Site files in case of absence of activity from the User over
an extended period of time, which may be interpreted as the User's inability
to gain access to the Site files.
9.4. A termination agreement does not indicate automatic exemption of liability
and obligation of reimbursement of debts to FaveKad in accordance with the provisions
of this Agreement or other liabilities of the User, namely: not to use the Site
files or other content presented within its resources by ways other than those
permitted with the terms and provisions of this Agreement that were valid by
the moment of said use. This Agreement will be terminated without derogations
or impairment to the rights of FaveKad, limitations and defense of liabilities
provided in accordance with the terms of this Agreement, which defense, limitations
of liabilities and rights shall survive this Agreement's termination.
9.5. Upon termination of the User profile and his/her access to the Site files,
the User confirms his/her consent to forfeit all credits remaining at his/her
account.
10. SITE UPDATES
10.1. FaveKad regularly updates technical, content and other information on
the Site. Nevertheless, FaveKad makes no claim guaranteeing the completeness,
accuracy and compliance of the information given at the Site. FaveKad is able
to add, review or delete information, resources and services posted on the Site.
Also, FaveKad reserves the right to make changes to the Site without prior notification.
11. SITE MANAGEMENT
11.1. FaveKad does not control all uploads and information exchanges performed
throughout the Site and is not responsible for such exchange and communication.
Nevertheless, FaveKad has the right to move, delete, refuse to publish, or edit
any text message or files which FaveKad may regard as violating or presumably
violating this Agreement, the rights for private or intellectual property, or
similar rights of third parties. The Contributor agrees to the expropriation
of any commissions paid for the respective files.
11.2. FaveKad has the right but not the obligation to correct mistakes in the
files at its own convenience.
11.3. FaveKad respects intellectual property of third parties and asks its users
to behave the same way. If the User has grounds to believe that his/her work
has been copied in violation of copyright, or his/her other intellectual property
rights have been violated directly or indirectly, the User should provide FaveKad
with a claim or notice of such infringement in accordance with the form given
within the Agreement.
11.4. By accepting this Agreement, the User acknowledges his/her consent to
receive an electronic newsletter and notifications from FaveKad. The User can
always access his/her Private Profile to change whether to enable or disable
notifications.
12. LINKS TO OTHER SITES
12.1. There may be links to third-party sites on the Site. Such links are given
solely for the User's convenience. Their presence does not mean that they are
recommended or endorsed by FaveKad. Also, FaveKad does not warrant their safety
and accordance with the User's expectations. FaveKad shall not bear any liability
in case of any damages or losses, direct or implicit, due to a visitation originating
from FaveKad, or to the use of services available from third-party sites.
13. SOFTWARE AND COMPUTER VIRUSES
13.1. At times, site failures may happen due to Internet connection, software
operation, data transmission, etc., and it is possible that incorrect or incomplete
copy of the information contained at the Site pages may occur. Similarly, the
Site pages may contain malicious code or programs infected with computer viruses.
13.2. FaveKad is not responsible and bears no liabilities connected to the work
of any software, the presence of any computer viruses or other elements with
malicious code, the presence of destructive or unsafe files that can be distributed
or otherwise affect software and hardware upon the User's review of the Site,
the access to any information on the Site, or the downloading of any files from
the Site. FaveKad strongly encourage the use of anti-virus software or other
protective programs during interaction with all web sites.
14. DISCLAIMER
14.1. THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED AS IS, WITHOUT REPRESENTATION,
WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND
SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF FAVEKAD. USERS
ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.
14.2. FAVEKAD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES,
GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND
ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT
LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS,
COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS,
SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER
ANY APPLICABLE LAW. FAVEKAD MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT
AND SERVICES.
14.3. MOREOVER, FAVEKAD FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES
AND CONDITIONS THAT:
- ACCESS TO THE SITE, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED AND
ERROR-FREE AT ALL TIMES;
- SITE, SITE CONTENT AND SERVICES WILL MEET USER'S EXPECTATIONS, WILL BE SATISFACTORY
TO USER'S NEEDS AND REQUIREMENTS OR WILL BE UNINTERRUPTED AND ERROR-FREE;
- RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT AND
SERVICES WILL BE EFFECTIVE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN SITE, SITE CONTENT AND SERVICES WILL BE CORRECTED
BY FAVEKAD;
- SITE, SITE CONTENT AND SERVICES WILL BE PERMITTED IN ANY JURISDICTION;
- SITE, SITE CONTENT AND SERVICES WILL BE FREE OF VIRUSES, SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES AND/OR ANY OTHER HARMFUL COMPONENTS;
- SITE, SITE CONTENT AND SERVICES WILL BE INTEROPERABLE WITH USER'S HARDWARE
AND SOFTWARE;
- ANY OF USER-GENERATED CONTENT WILL BE AVAILABLE THROUGH THE SITE OR WILL
BE STORED (TEMPORARY OR PERMANENTLY) AS A SITE CONTENT;
- ANY DOCUMENTS REGARDING SITE, SITE CONTENT AND SERVICES WILL BE AVAILABLE
AT ANY TIME;
- FAVEKAD WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF THE
SITE AND SITE CONTENT.
14.4. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY,
ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES,
GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY
(30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND
SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
13.5. AS LONG AS SITE CONTENT AND SERVICES PROVIDE THE USER WITH DIGITAL CONTENT
WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, NO WITHDRAWAL OF THIS AGREEMENT
BY USER SHALL BE POSSIBLE UNDER ANY CONDITIONS.
15. FILES PRESENTATION FORMAT
15.1. The Site content and the Site itself are provided for review and use without
any personal interference from the side of the Site holders (except pre-moderation),
conditions and warranties of any kind, expressed or implied. These warranties
include conditions and warranties of merchantability. FaveKad does not guarantee
that the Site content, its work or the Site as a whole will meet the expectations
and requirements of the User, nor that the process of its usage will be faultless
and without interruption for reason.
16. LIABILITY LIMITATION
16.1. The User confirms that he/she understands and takes responsibility and
assumes all risk resulting from the use of the Site without limitations.
16.2. FaveKad and also its employees, management, partners, shareholders, and
agents do not bear responsibility for failures of any kind or shutdown of the
Site resulting in loss of business information, profit or other financial losses
due to claims of any kind, losses, petitions, actions or other events occurring
due to validity of these Agreement, including without limitations the Site navigation,
use, access to any files or their parts, as well as any rights including even
in the event FaveKad was advised of the theoretical possibility of such damages,
irrespective of whether the occurring event and damage were the result of infringement
on intellectual or any other property, based on a breach of law, negligence,
contract liabilities or other similar cases and situations, or not.
16.3. Total aggregate liability of FaveKad in connection with the use of the
Site, in whole or in part, or its content in money equivalent shall not exceed
FaveKad.
16.4. If effective laws and normal acts do not allow exclusion of liability
and limitations to the full extent for indirect or casual damages, all above-stated
limitations and exclusions shall not be applied to the User. In case of a situation
falling under such jurisdiction, the liability of FaveKad or any of its employees,
directors, shareholders, partners, license holders or agents shall be limited
to the maximum value permitted by the law.
17. INDEMNIFICATION
17.1. Consenting to the terms of this Agreement, the User agrees to indemnify,
defend and hold FaveKad, its affiliates, its Content contributors and their
respective directors, officers, employees, shareholders, partners and agents
(collectively, the "FaveKad parties") harmless from and against all
claims, liability, losses, damages, costs and expenses (including reasonable
legal fees) incurred by any FaveKad party as a result of, or in connection with,
any breach or alleged breach by the User or anyone acting on the User's behalf
of any of the terms of this Agreement.
17.2. The User agrees to pay and indemnify, protect and also take the side of
FaveKad (its management, employees, shareholders, partners, affiliates and so
on) against any claims, responsibilities, losses and expenses (including lawyers'
fees on a client basis and solicitor), incurred in the following cases:
· Purposeful or casual usage of the Site and/or its files made with the
User login, regardless of whoever entered the authorization;
· Any correspondence made by the User or the downloading of any files
made with the help of the User login;
· Any violation by the User of the terms and provisions of this Agreement.
18. APPLICABLE LAW
18.1. The validity, interpretation and enforcement of this Agreement, matters
arising out of or related to performance or breach of this Agreement, and related
matters shall be governed by the laws of Malaysia. All parties consent to the
exclusive jurisdiction of those courts, waiving any objection to the propriety
or convenience of such venues.
18.2. The User agrees to refrain from taking part or organizing any collective
claim against FaveKad in connection with the Site work, provisions of this Agreement
or any agreements considered herein.
18.3. If FaveKad is obligated to go to non-arbitration court for collection
of any payable fees or enforcement of its rights, the User agrees to reimburse
FaveKad for all expenses, payments and fees in the event that FaveKad is successful.
19. AGE AND RESPONSIBILITY
19.1. Site, Site content and services are neither intended to be used by minors
and persons under age of 18, nor designed and intended to willfully and knowingly
collect, use, or disclose any personal information from minors and persons under
age of 18. FaveKad will immediately remove personal information from children
and/or search to obtain a verifiable parental consent for the collection use,
or disclosure of personal information from children, once it comes to FaveKad's
attention that any personal information from children was submitted or collected
through the Site.
19.2. The User confirms and warrants that he/she has reached the age of 18,
has all the sufficient for usage of the Site and is bound by legal obligations
sufficient for any liability that can appear as a result of usage of the Site
files. The User agrees to bear full responsibility for all cases of the Site
usage without distinction, as well as for use of his/her login and password
by third parties including minors and persons under age of 18 living with him/her.
20. GENERAL PROVISIONS
20.1. FaveKad's failure to insist upon or enforce strict performance of any
provision of this agreement shall not be construed as a waiver of any provision
or right. If any provision of this Agreement can not be fulfilled completely
or partially at the territory of a certain country, and the parties are not
able to come to an agreement, the parties agree to settle all such matters by
judicial process. In this case the court may select the closest statutory provisions,
according to which the provision of the Agreement can be fulfilled partially
or in full.
20.2. The User confirms that, in addition to the terms of this Agreement, he/she
has familiarized himself/herself with the other agreements that are referenced
in this Agreement, and agrees with the restrictions which they impose.
20.3. Absence of a result of actions performed by FaveKad for organization or
control of accurate implementation of the provisions of this or affiliated agreements
shall not and cannot be construed as waiver of any rights or provisions.
20.4. User shall not be allowed to assign this Agreement and/or transfer User's
rights and obligations under this Agreement fully or partly to any third parties.
FaveKad shall be free to assign this Agreement and/or transfer User's rights
and obligations under this Agreement fully or partly to any third parties upon
FaveKad sole and absolute discretion.
21. CONTACTS
21.1. For any questions in connection with the provisions of this document,
please contact FaveKad using the contact information below.
Contact information:
E-mail: support@favekad.com
Or use this link Contact Us.
22. ACKNOWLEDGEMENT
22.1. IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ
THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL
ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF FAVEKAD AGREEING TO PROVIDE
THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN USER AND FAVEKAD, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND FAVEKAD RELATING
TO THE SUBJECT OF THIS AGREEMENT. TO THE SUBJECT OF THIS AGREEMENT, BY ACCEPTING
THE TERMS OF THIS AGREEMENT, THE USER ALSO ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTOOD ALL OTHER RELATED AGREEMENTS LISTED BELOW, WHICH CAN BE FOUND ON
THE SITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS:
• Privacy Policy; and
• Personal Data Protection Act 2010 Notice;
22.2. IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF ONE OR
MORE OF THE ABOVE-MENTIONED DOCUMENTS, THE USER SHOULD CEASE USING THE SITE
OR ANY FEATURES OF THE SITE GOVERNED BY THE TERMS AND CONDITIONS OF THE PRESENT
AGREEMENT; BY USING THE PLATFORMS AND ITS FEATURES, THE USER IMPLICITLY AGREES
WITH ALL THE TERMS AND CONDITIONS OF THE AGREEMENT.
Disclaimer: The original, legally binding version of this document is written
in English, and it is translated into other languages for the courtesy of our
non-English-speaking users. If there are any discrepancies between the English
version and a translated version, the English version supersedes the translated
version.