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Welcome! You have entered
the website owned and
operated by EHYPERS (“eHypers.com
”), identified by the URL eHypers.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 eHypers.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 eHypers.com
governing your use of the
Site. In addition, when you
use any current or future eHypers.com
service(s), you also will be
subject to the guidelines
and conditions applicable to
such service or business.
USE
OF SITE ACCESS
eHypers.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 eHypers.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 eHypers.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 eHypers.com
and the Site without eHypers.com
’s prior express written
consent. You may not use
meta tags or any other
"hidden text"
utilising eHypers.com
and the Site’s name or
trademarks without the prior
written consent of eHypers.com
. Any unauthorised use
automatically terminates the
permission or license
granted by eHypers.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 eHypers.com
logo, the Site logo or other
proprietary graphic or trade
mark as part of the link
without eHypers.com ’s
prior express written
consent.
YOUR
PARTICULARS
When
you register with eHypers.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. eHypers.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. eHypers.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 eHypers.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 eHypers.com
believes that you have
breached or acted
inconsistently with or in
disregard of the letter or
spirit of the Terms and
Conditions. eHypers.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 eHypers.com
may immediately bar any
further access to the Site.
On the happening of any of
the afore-going, you agree
that eHypers.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 eHypers.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 eHypers.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, eHypers.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 eHypers.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION
OF LIABILITY
THIS
SITE IS PROVIDED BY eHypers.com
ON AN "AS IS" AND
"AS AVAILABLE"
BASIS. eHypers.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.
eHypers.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.
eHypers.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. eHypers.com
DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL
SENT FROM eHypers.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. eHypers.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 eHypers.com OR
THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY
STATED HEREIN.
UNDER
NO CIRCUMSTANCES SHALL eHypers.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 eHypers.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 eHypers.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 eHypers.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 eHypers.com
’s website.
WAIVER
OF CONDITIONS OF USE
The
failure of eHypers.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 eHypers.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. eHypers.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, eHypers.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. eHypers.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
eHypers.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 eHypers.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 eHypers.com are
hereby reserved.
“Sue Anns Craft &
Gifts", "eHypers.com
" and related icons and
logos of Sue Anns Craft
& Gifts 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 eHypers.com
and govern your use of the
Site, superseding any prior
agreements between you and eHypers.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 eHypers.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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