Terms of Conditions

By accessing and browsing this website at https://pacifica2u.com.my or any other similar domain or platform associated with it (the “Site”) you (“the User”) hereby agree to be bound by Pacifica Direct Sdn. Bhd. (“the Site Owner”) User Terms and Conditions (the “Terms and Conditions”) as set forth hereunder.

The User shall exit this Site immediately if the User is not agreeable to these Terms and Conditions.

Changes to the Terms & Conditions

The Site Owner may, in its absolute discretion, revise this Terms and Conditions from time to time and has no obligation to give any prior notices to the User of such revision. It is the User’s responsibility to review the Terms and Conditions from time to time. The User’s continued usage of the Site amounts to the User’s unequivocal acceptance of any latest revision of the Terms and Conditions as amended by the Site Owner.

Modifications to the Site

The Site Owner reserves the rights for any reason whatsoever, in its sole discretion, terminate, change or suspend any aspect of the Site, including, but not limited to, the content, features, uptime or hours of availability. The Site Owner may impose limits on certain features of the Site or restrict your access to any or all parts of the Site without prior notice.

Cookies

By using the Site you consent to the use of cookies in accordance with the Site’s privacy policy.

Most modern-day interactive web sites use cookies to enable retrieval of users details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of usage. Some of our affiliate / advertising partners on the Site may also use cookies.

Licenses

Unless otherwise stated, the Site Owner and/or its licensors are the owners of all intellectual property displayed on the Site. All intellectual property rights are hereby duly reserved. The User may view and/or print pages from https://www.Pacifica2u.com.my/ for personal usage subject to adhering to the following restrictions as set in these terms and conditions.

The User shall not without the prior written consent of the Site Owner or its licensors: -

Republish any material from https://www.Pacifica2u.com.my/

Sell, rent or sub-license any material from https://www.Pacifica2u.com.my/

Reproduce, duplicate or copy any material from https://www.Pacifica2u.com.my/

Redistribute any content from https://www.Pacifica2u.com.my/ (unless such contents are specifically made for redistribution).

Content Liability

The Site Owner shall not be responsible or liable for any content of the Site that the User may find abusive. By accessing and browsing the Site, the User shall fully indemnify and hold harmless the Site Owner for any content or materials on the Site that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of the User or any third-party.

Disclaimer

To the maximum extent permitted by applicable law, the Site Owner hereby excludes all representations, warranties and conditions relating to the Site and/or the use of the Site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). However, nothing in this disclaimer shall:

limit or exclude the Site Owner’s or the User’s liability for death or personal injury resulting from negligence;

limit or exclude the Site Owner or the User for fraud or fraudulent misrepresentation;

limit any of the Site Owner’s or the User’s liabilities in any way that is not permitted under applicable law; or

exclude any of the Site Owner’s or the User’s liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Clause:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of any statutory duty.

To the extent that the Site and the information and services on the Site are provided free of charge, the Site Owner shall not be liable for any loss or damages incurred by the User or any third-party.

User Conduct

The User shall be solely responsible for the content and context of any materials or information shared or submitted through the Site. The User warrants and hereby agrees that, while using the Site, the User shall not upload, post, transmit, distribute or otherwise publish through the usage of the Site any materials which:

are unlawful, threatening, harassing or profane;

restrict or inhibit any other users from using and enjoying the Site;

constitute or encourage any acts or conduct that may constitute a criminal offense or give rise to civil liability;

contain viruses, trojan horses or any other harmful component;

contain any advertisement of any kind; and

contain false or misleading indications of origin or statements of fact.

The User further warrants and agrees not to send, forward, transmit or distribute by e-mail or by any other means, any material or content of the Site to any person(s) under the statutory legal age to consume or purchase alcohol in their respective country of residence.

The Site Owners shall fully co-operate with any law enforcement authorities or court order requesting or directing the Site Owner to disclose the identity of, help identify, or locate anyone transmitting any such contents.

Communication to Site

All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that is transmitted by the User to this Site, whether by e-mail, posting, uploading, or otherwise, shall become the exclusive property of the Site Owner. The Site Owner shall not be required to treat any submission as confidential. By transmitting content to this Site, the User automatically grants the Site Owner a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the content on its own or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. The User agrees that the Site Owner is free to use any ideas, concepts, know-how, or techniques contained in any content transmitted to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that the Site Owner shall have no obligation to provide any compensation or acknowledgment to the User in exchange for any such usage.

Monitoring

The User agrees that the Site Owner has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for whatever reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this, the Site Owner shall not be responsible or have the obligation to review all materials posted or shared on the Site by any users.

The Site Owner hereby assumes no responsibility or liability whatsoever for any actions or content transmitted by or between the User or any third party within or outside of this Site. Upon notification, the Site Owner may investigate an allegation that any content transmitted to the Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. The Site Owner is under no obligation to remove any content transmitted by the User or any third parties from the Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Disclaimer of Warranties

Usage of the Site is solely at the risk of the User. The site including all its content, functions and information made available on or accessed through the site, is provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to non-infringement of third party rights, merchantability or fitness for a particular purpose. The Site Owner does not warrant that the site or its functions, features or content contained therein will be uninterrupted, error-free, secure, free of viruses or other harmful material, complete, accurate, timely, or that defects will be corrected.

Limitation of Liability

In no event shall the Site Owner or any of its affiliates or licensors or any of its respective officers, directors, employees, and agents, be liable to the User or any third-party for any damages (including without limitation direct, indirect, incidental, special, consequential and punitive damages, loss of profits, and damages resulting from lost of data or business interruption) that are directly or indirectly related to the usage or non-usage of the Site and even if found liable, the total liability of the Site Owner to any users for all damages, losses, and causes of action (whether based in warranty, contract or tort, including but not limited to, negligence or otherwise) shall not exceed the aggregate amount of RM100.00 (Ringgit Malaysia One Hundred Only).

Indemnification

The User shall fully indemnify, defend and hold harmless the Site Owner, its officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims or demands made by any third party for any associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the User’s usage of the Site or transmission of any of the content from the Site. The Site Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle or otherwise dispose of any matter without the prior written consent of the Site Owner.

Termination

The terms and conditions stipulated herein shall continue to be in force as long as the Site is still valid and in use.

Jurisdiction

The Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia. The User hereby irrevocably consents and submits to the jurisdiction of the courts of Malaysia.

Notices and Disclosures

Except if explicitly stated otherwise, any notices shall be given by e-mail to, in the case of the Site Owner sent to support@pacifica2u.com and in the case of the User, to the e-mail address provided by the User. Notices shall be deemed given 24 hours after the e-mail notice has been delivered, unless the sending party is notified that the e-mail address is invalid.

General Provisions

If any provision of the Terms and Conditions is held to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by the Site Owner to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver.

All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms and Conditions.

Contact Us

If you have any questions about the Terms and Conditions, the practices of or your experience on any of the Site, please contact us at by e-mail at support@pacifica2u.com