AUST Website Terms and Conditions

Website Terms and Conditions

1. Who we are

www.Merlton.com and form.merlton.com are websites (collectively, the "Website") operated by Wiiflo Tech ("Merlton", "we", "us", and "our").

2. Acceptance of Terms

2.1 By using the Website, you confirm that you accept these terms of use ("Terms"). If you do not agree to these Terms, you must not use the Website.

2.2 Our Privacy Policy is incorporated into these Terms and should be read before sharing your Personal Information on the Website. By continuing to use the website, you consent to the use of your personal information in accordance with the Privacy Policy.

2.3 We may amend these Terms from time to time. Every time you wish to use the Website, please check these Terms to ensure you understand the terms that apply to you at such time.

3. Third parties and other sites featured on the Website

3.1 We do not act as an agent or representative of any third parties featured on the Website or make any representations in relation to any third-party applications, products, or services sold or displayed on it.

3.2 Where the Website contains links to other sites, including banner advertisements and sponsored links, such links should not be interpreted as approved by Merlton. We have no control over the contents of those sites, and you access them entirely at your own risk.

4. User Contributions

4.1 We may allow you and other Website users to post content on or through the Website (collectively, "User Contributions").

4.2 All User Contributions are considered non-confidential and must comply with the Content Standards set out in clause 5 below.

4.3 You grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable right to use, reproduce, modify, display, distribute, and otherwise disclose to third parties the User Contributions for any purpose.

4.4 While User Contributions have not been verified or approved by Merlton and any views expressed do not represent our views or values, we may remove User Contributions that breach the Content Standards.

4.5 If you wish to complain about information or materials posted by other users of the Website, please contact us.

5. Content Standards

The content standards in this clause 5 apply to all User Contributions. User Contributions must also comply with all applicable laws and regulations. In particular, User Contributions must not:

contain or promote any material which is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory, violent, hateful, inflammatory, or otherwise objectionable;
infringe upon any Intellectual Property Rights, as that term is defined in clause 9.4;
violate legal rights generally (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability;
involve commercial activities including sales, contests, promotions, or advertising;
be deceptive or misleading;
impersonate any person or misrepresent your identity or affiliation with any person or organization, including with Merlton; or
give the impression that they emanate from or are endorsed by Merlton or any other person or entity if this is not the case, ("Content Standards").

6. Prohibited uses

6.1 You must not use the Website:

in any manner that could disable, overburden, damage or impair it or to engage in any other conduct that restricts or inhibits its use; or
in any way that violates any applicable law or regulation.

6.2 Additionally, you must not:

use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of its content;
introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which it is stored, or any server, computer or database connected to it;
attack the Website via a denial-of-service attack; or
otherwise attempt to interfere with the Website's operation.

6.3 We may report any of the above activities to law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. Disclaimers

7.1 The Website is provided on an "as is" and "as available" basis without any other warranty or condition, express, implied or statutory to the maximum extent permitted by law.

7.2 We specifically disclaim:

any implied warranties of title, merchantability, fitness for a particular purpose to the maximum extent permitted by law; and
any liability for User Contributions or third-party applications, products, or services displayed on the Website.

7.3 We do not guarantee that the Website, or any content on it, will be:

accurate, complete, or up to date;
available, uninterrupted, or error-free; or
secure or free from bugs or viruses (you should use your virus protection software).

7.4 We may suspend or restrict the availability of all or any part of the Website in our sole discretion.

7.5 All content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.

8. Limitation of liability

8.1 In no event will we be liable to you for loss or damage of any kind (including Consequential Loss) arising out of or in connection with your use of or inability to use:

the Website;
any other sites it links to;
any content displayed (including User Contributions); and
any applications, products, or services obtained through it.

8.2 "Consequential Loss" means:

loss of revenue, profits, or savings (actual or anticipated);
loss of contracts or opportunities;
loss of, or damage to, goodwill or reputation;
loss arising from damage to credit rating or increased financing costs;
loss of data or corruption of data;
loss arising from business interruption or loss or damage resulting from wasted managed time; and
any indirect, special, economic, incidental or consequential loss or damage, howsoever arising, whether based in contract (including under any indemnity), in tort (including negligence), in equity, under the provisions of any law or otherwise.

8.3 Nothing in this clause 8 affects any liability which cannot be excluded or limited under applicable laws. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.

9. Intellectual Property

9.1 We retain exclusive ownership of all Intellectual Property Rights in the Website, including its look and feel and all related trademarks, logos, product and service names, data, and translated content.

9.2 The configuration of the content displayed on or via the Website is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

9.3 If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

9.4 "Intellectual Property Rights" means all categories of intellectual property rights, including the following rights:

patents, copyright, rights in circuit layouts, registered and unregistered designs, trademarks, domain names, business names, and any right to have confidential information kept confidential; and
any application or right to apply for registration of any of the rights referred to in paragraph (a).

10. Support

10.1 If you have any questions regarding the Website, please contact us.

10.2 If you have any questions or concerns regarding any third-party applications, products, or services featured on the Website, including any relating to defects or performance issues, please contact the third party directly.

11. General

11.1 These Terms are governed by the laws of Malaysia and in the event of any dispute or controversy regarding the Website, you must submit to the exclusive jurisdiction of the courts of New South Wales.

11.2 If any provision of these Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in full force and effect.

11.3 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

11.4 These Terms constitute the entire agreement between you and Merlton in relation to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

11.5 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

11.6 We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

11.7 The provisions of these Terms which by their nature survive termination or expiration will survive termination or expiration of these Terms.