Terms and Conditions

Terms

TryItOn provides website features and other products and services to you when you visit or shop at www.TryItOn.co, use the Saratix mobile applications or other services, or use software provided by TryItOn in connection with any of the foregoing (collectively, the “Services”). TryItOn provides the Services subject to the following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Service”). By using the Services, you accept these Terms of Service, so please read them carefully. We are operated by Megah Berkah SDN BHD and throughout these Terms we will use TryItOn, us or we to refer to Megah Berkah SDN BHD and its affiliated entities and services collectively.

Acceptance of Terms

By accessing or using the Services in any way, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. You may not use the Services, or accept these Terms, if (a) you are not of legal age to form a binding contract with us; or (b) you are prohibited by law from receiving or using the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case you or you shall refer to such entity. The Service may be subject to a subscription or other agreement, posted guidelines, rules or additional terms of service provided elsewhere.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any purchases made through our Services.

Electronic Communications

Visiting http://www.TryItOn.co, opening the TryItOn mobile applications or sending emails to TryItOn constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites / Third Party Services

Our Services may contain links to other websites or services (“Linked Sites”). The Linked Sites are not under the control of TryItOn and TryItOn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TryItOn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TryItOn of the site or any association with its operators. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Certain services made available via our Services are delivered by third party sites and organizations. By using any product, service or functionality originating from TryItOn, you hereby acknowledge and consent that TryItOn may share such information and data with any third party with whom Saratix has a contractual relationship to provide the requested product, service or functionality on behalf of TryItOn users and customers.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our Services, you warrant to TryItOn that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

All content included as part of the Services, such as text, graphics, logos, images, data, results, ideas, plans, sketches, links, as well as the compilation thereof, and any software used on the Services, is the property of TryItOn or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. TryItOn content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TryItOn and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TryItOn or our licensors except as expressly authorized by these Terms.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Malaysia or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties.

Anything that you submit or post in the Services and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, Submissions) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You represent and warrant that you own or otherwise control all of the rights in and to the Submissions that you post and have the right to grant TryItOn the license granted herein.

We do not undertake to and are not responsible for screening, policing, editing or monitoring Submissions, and cannot ensure prompt removal of objectionable material after it has been posted. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Submissions, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Submissions from the Services.

Third Party Accounts

You may be able to connect your TryItOn account to third party accounts. By connecting your TryItOn account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party services). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Services are controlled, operated and administered by TryItOn from our offices within the Malaysia. If you access the Service from a location outside MALAYSIA, you are responsible for compliance with all local laws. You agree that you will not use the TryItOn Content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TryItOn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TryItOn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TryItOn in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MEGAH BERKAH SDN BHD SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEGAH BERKAH SDN BHD, AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MEGAH BERKAH SDN BHD, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MEGAH BERKAH SDN BHD SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEGAH BERKAH SDN BHD,  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEGAH BERKAH SDN BHD,  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MEGAH BERKAH SDN BHD SERVICES, WITH THE DELAY OR INABILITY TO USE THE MEGAH BERKAH SDN BHD SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MEGAH BERKAH SDN BHD SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MEGAH BERKAH SDN BHD SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGAH BERKAH SDN BHD,  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MEGAH BERKAH SDN BHD SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEGAH BERKAH SDN BHD SERVICES.

Termination

TryItOn reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Malaysia and you hereby consent to the exclusive jurisdiction and venue of courts in Malaysia in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TryItOn as a result of this agreement or use of the Services. TryItOn‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TryItOn‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by TryItOn with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TryItOn with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TryItOn with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

TryItOn reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. TryItOn encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Services following the posting of revised Terms or other policies means that you accept and agree to the changes.

Contact Us

TryItOn welcomes your questions or comments regarding the Terms:

Email Address: Sara@TryItOn.co

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