Terms & Condition

1. Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you do not agree to these terms and conditions or any part of these terms and conditions, you must not use this website.

2. License to Use Website

Unless otherwise stated, Pesan by Qoala and/or its licensors own the intellectual property rights published on this website and materials used on Pesan by Qoala. Subject to the license below, all intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may not:

  • Republish material from this website in print or digital media or documents (including publication of all on other websites);
  • Sell, rent or sub-license material from the website;
  • Display any material from the website publicly;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for commercial purposes;
  • Edit or modify any material on the website;
  • Redistribute material from this website – except for content specifically and expressly provided for redistribution; or
  • Republish or remove all of any part of this website through the use of iframes or screen scrapers.

If the content is specifically made available for redistribution, it may only be redistributed within your organization.

3. Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or affect the availability or accessibility of Messages by Qoala or in any way that is unlawful, fraudulent or harmful, or in connection with any illegal, unlawful, fraudulent or harmful purpose or activity. You may not use this website to copy, store, host, transmit, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkits or other malicious computer software. You may not conduct any systematic or automated data collection activities on or in connection with this website without Pesan by Qoala’s written consent. This includes:

  • Scraping
  • Data mining
  • Data extraction
  • Data harvesting
  • Framing’ (iframes)
  • Rotating’ article

You may not use this website or any part of it to send or transmit unsolicited commercial communications. You may not use this website for any purpose related to marketing without the written consent of Pesan by Qoala.

4. Limited Access

Access to certain areas of this website is restricted. Pesan by Qoala reserves the right to block access to certain areas of this website, or at our discretion, the entire website. Messages by Qoala may change or modify this policy without notice. If Pesan by Qoala provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You are solely responsible for the security of your user ID and password. Pesan by Qoala may disable your user ID and password at Pesan by Qoala’s discretion without notice or explanation.

5. User Content

In these terms and conditions, “your user content” means material (including without limitation text, comments, images, audio material, video material and audio-visual material) that you submit to this website, for any purpose. You grant to Pesan by Qoala a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pesan by Qoala the right to sublicense this right, and the right to bring an action for infringement of this right. Your user content must not be unlawful, must not infringe the legal rights of any third party, and must not give rise to legal action either against you or Pesan by Qoala or a third party (in each case under which the law applies). You may not submit any user content to the website that is or has been the subject of any threatened or actual legal proceeding or another similar complaint. Pesan by Qoala reserves the right to edit or remove any material submitted to this website, stored on Pesan by Qoala servers, or hosted or published on this website. Pesan by Qoala’s rights under these terms and conditions in relation to user content, Pesan by Qoala does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. Copyright Infringement

If you are the copyright owner or its agent and believe that any of our content infringes your copyright, please contact us at 03-8605 3353 or email pesan@qoala.my

7. No Guarantees

This website is provided “as is” without any representation or warranty, express or implied. Pesan by Qoala makes no representations or warranties in relation to this website or the information and materials provided on this website. We are not responsible for and do not necessarily hold the opinions expressed through our Content. Without prejudice to the generality of the paragraph above, Pesan by Qoala does not guarantee that:

  • This website will always be available, or available at all; or
  • The information on this website is complete, true, accurate and not misleading.

Nothing on this website constitutes or is intended to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

8. Limitation of Liability

Messages by Qoala shall not be liable to you (whether under the law of relations, the law of tort or otherwise) in relation to the content of, or the use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free of charge, for any direct loss;
  • For any indirect, special or consequential losses; or
  • For any loss of business, loss of expected revenue, income, profit or savings, loss of contract or business relationship, loss of reputation or goodwill, or loss or damage of information or data.

Nothing on this website constitutes or is intended to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. This limitation of liability applies even if Pesan by Qoala has been expressly advised of the potential loss.

9. Exceptions

Nothing in this website disclaimer shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer shall exclude or limit the liability of Pesan by Qoala in respect of any:

  • Death or personal injury caused by the negligence of Pesan by Qoala or its agents, employees or shareholders/owners;
  • Fraud or fraudulent misrepresentation on the part of Message by Qoala; or
  • Matters that are illegal or unlawful for Pesan by Qoala to exclude or limit, or attempt or purport to exclude or limit, its liability.

10. Fairness

By using this website, you agree that the exclusions and limitations of liability stated in this website disclaimer are reasonable. If you think they are unreasonable, you should not use this website.

11. Other Parties

You accept that, as a limited liability entity, Pesan by Qoala has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any personal claim against the officers or employees of Pesan by Qoala in respect of any loss you suffer in connection with the website. Without prejudice to the paragraph above, you agree that the limitations of warranty and liability outlined in this website disclaimer will protect Pesan by Qoala and Pesan by Qoala’s officers, employees, agents, subsidiaries, successors, assigns and subcontractors.

12. Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of other provisions of this website disclaimer.

13. Compensation

You hereby indemnify Pesan by Qoala and undertake to indemnify Pesan by Qoala against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pesan by Qoala to third parties in settling claims or disputes on the advice of Pesan by Qoala’s legal counsel) incurred or suffered by Pesan by Qoala arising from any breach by you of any provision of these terms and conditions, or arising from any claim that you have breached any -any provision of these terms and conditions.

14. Violation of these Terms and Conditions

Without prejudice to any other rights of Pesan by Qoala under these terms and conditions, if you breach these terms and conditions in any way, Pesan by Qoala may take such action as Pesan by Qoala deems appropriate to address the such breach, including suspending your access to the website, ban you from accessing the website, block computers using your IP address from accessing the website, contact your internet service provider to request that they block your access to the website and/or bring court proceedings against you. You will be responsible for any harm we suffer as a result of your breach of these terms and conditions or any breach by you of your representations and warranties.

15. Variation

Pesan by Qoala may revise these terms and conditions from time to time. The revised terms and conditions will apply to the use of this website from the date of publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

16. Assignment

Pesan by Qoala may transfer, sub-contract or otherwise deal with Pesan by Qoala’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

17. Severability

If any provision of these terms and conditions is determined by any court or other competent authority to be illegal and/or unenforceable, the other provisions will remain in effect. If any unlawful and/or unenforceable provision would be valid or enforceable if a part of it were deleted, that part will be deemed deleted, and the remaining provision will continue in effect.

18. Entire Agreement

These terms and conditions, constitute the entire agreement between you and Pesan by Qoala in relation to your use of this website and supersede all previous agreements in relation to your use of this website.

19. Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia, and any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Malaysian courts.

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