Terms Of Service

1.   INTRODUCTION

1.1 Welcome to D'VIRIA (“DVIRIA” or “Site”).

The terms “we” or “us” refers to the owner of this Site, DVIRIA NANO TECH SDN BHD (Company No. 201301027003 (1056831-K)) and its holding company, related corporations, associates and affiliates. The terms “you” or “your” refers to the user of the Site or user of the account with our Site.

1.2 These Terms of Service, together with our Privacy Policy govern your access and use of the Site and the use of any services, functions, information made available to you. Please read the following Terms of Service together with the Privacy Policy carefully before using this Site or registering an account ("Account") with D'VIRIA so that you are aware of your legal rights and obligations. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by D'VIRIA. If you do not agree to D'VIRIA’s Terms of Service provided herein, please discontinue the access and/or use this Site and/or the Services.

1.3 Before becoming a User of the Site or registering an Account, you must read and accept all of the terms and conditions in and linked to these Terms of Service and you must consent to the processing of your personal data as described in www.dviria.com/privacy-policy.

1.4 We reserve the sole and absolute right to modify, change, suspend or discontinue all or any part of this Site or the Services at any time or from time to time without further notice if required by local laws. We may release certain Services or their features in a beta version on the Site, impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in our sole discretion and without notice and we shall not be held liable in such instances.

1.5 We reserve the sole and absolute right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING DVIRIA’S SERVICES OR REGISTERING AN ACCOUNT WITH DVIRIA, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS HERIN ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR OUR SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPENED OR CREATED LATER.

2.   PRIVACY POLICY

2.1 Your privacy is very important to us. Please refer to https://dviria.com/privacy-policy for further details of our Privacy Policy. Please review the Privacy Policy to understand how we collect and use the information associated with your use of the Services and/or your Account. By using the Services, providing information on the Site or registering an Account with us, you agree and consent to be bound by our Privacy Policy.

3.   INTELLECTUAL PROPERTY

3.1 We grant you limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site belongs to us. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the Malaysia copyright laws and other applicable laws in relation to Intellectual Property that protect the Services, the Site and its Content. You are restricted from copying, duplicating, distributing, republishing, transmitting, publicly displaying, publicly performing, modifying, adapting, renting, selling, or creating derivative works of any portion of the Services, the Site or its Content. You shall not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.   LIMITATION OF LIABILITIES

4.1 The Site and all data and/or information contained therein and/or the Services are provided on an “as is” basis without any warranties, guarantees, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Site and/or the Services, including, without limitation, warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Site and/or the Services are provided for information purposes only.

4.2 Without limiting the foregoing, we do not warrant that the Site and/or the 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 this Site 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.

4.3 Neither we, DVIRIA nor all of its respective officers, employees, directors, agents, contractors and assigns shall be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

• any access, use and/or inability to use the Site or the Services;
• reliance on any data or information made available through the Site and/or through the Services. You should not act on such data or information without first independently verifying its contents;
• any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; or
• any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

4.4 Any risk of losses, damage, expense, error or misunderstanding resulting from the use of the Site and/or Services is entirely at your own and we shall not be liable thereof.

5.   ACCOUNTS AND SECURITY

5.1 Some function of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and providing certain personal information. If you select a User ID that we (in our absolute discretion) find offensive or inappropriate, we have the right to terminate or suspend your Account. You may be able to use your Account to gain access to other websites, products or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when you log in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify us of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities conducted under your User ID and Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that we may for any reason, in our sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site, any Content associated with your Account and User ID, cancel any transactions associated with your Account and User ID, temporarily withhold any refunds, and/or take any other actions that we deem necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the Terms of Service contained herein, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour, (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of DVIRIA, (h) use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, we may terminate your Account immediately with or without notice.

5.4 You may terminate their Account by notifying us in writing of their desire to do so. Notwithstanding any such termination, you shall remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and you must contact us upon the completion of all incomplete transactions according to the Terms of Service. We shall have no liability, and shall not be liable for any damages incurred due to the termination of Account by you in accordance with this Section. You hereby agree to waive any and all claims for any such action taken by us.

6.   APPLICABLE LAW AND JURISDICTION

6.1 These Terms of Service, the Privacy Policy and/or other terms and conditions provided shall be interpreted and governed by the laws in force in Malaysia. Any dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.

7.   TERMINATION

7.1 Without prejudice to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Service the Privacy Policy and/or other terms and conditions provided. Upon any such termination, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination herein shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising prior to the date of termination. You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site, Privacy Policy and/ or with any terms and conditions, rules, policies, guidelines, or practices of Site, in operating the Site and/or providing Services, your sole and exclusive remedy is to discontinue using the Site.