Terms and Conditions

INTRODUCTION

This website www.modefair.com , its affiliated websites and mobile application (collectively, “Site”) is an online platform operated by Mode Fair Sdn. Bhd. (Company No. 114103-V) (“ModeFair”, “we”, “us” or “our” as the case may be) through which merchants approved or authorised by ModeFair (“Merchants”) sell goods or products (“Products”) and/or vouchers or tickets in either physical or electronic form (“Vouchers”) offering or providing a wide range of services, activities and/or experiences (collectively, “Merchant Offerings”) to all users of the Site, including but not limited to, customers and/or all other parties receiving and utilising the Products and/or Vouchers (“you” or “your” as the case may be) subject to your acceptance of all terms, conditions, policies and notices stated herein.

By visiting, browsing through the Site and/or purchasing any of the Products and/or Vouchers as provided or posted on the Site by ModeFair, you hereby acknowledge and agree to be bound by all the following terms and conditions and any other additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, “Terms and Conditions”). Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw cancel or amend the contents or information including the pricing and description of the Products and/or Vouchers without notice to you. ModeFair will not be liable if for any reason the Site is unavailable at any time or for any period and we may from time to time restrict your access to some or all parts of the Site.

By accessing or using any part of the Site, you hereby agree to be bound by these Terms and Conditions. If you do not agree to or accept any of the Terms and Conditions contained herein, then you may not access the Site or subscribe to any of our Products and/or Vouchers. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features, products, services or tools which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on the Site. ModeFair reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Site. It is your responsibility to check the Terms and Conditions or any amendments thereto from time to time. Your continued use of or access to the Site following the posting of any addition or amendment herein or any part of our Site shall constitute your acceptance of the said addition and/or changes.

  1. IN GENERAL
    1. By agreeing to and accepting the Terms and Conditions stated herein, you represent that you are at least 18 years of age and above. If you are under 18 years of age, you may purchase Products or Vouchers with the involvement of a parent or guardian.
    2. You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, hack into any aspect of the service of our Site, corrupt data, cause annoyance to other users, infringe upon the rights of any other person's proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as "spam", or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
    3. ModeFair shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
    4. We reserve the right to refuse service to anyone for any reason at any time.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and/or Vouchers on the Site through which the Products and/or Vouchers are provided, without express written permission from ModeFair.
    6. Descriptions and details of the Products and Vouchers advertised on the Site are provided by the Merchants or other referenced third parties. ModeFair is not responsible for any claims associated with the description of the Products and Vouchers. Pricing relating to the Products and/or Vouchers available on the Site may change at any time in ModeFair’s sole discretion without notice to you.
    7. The Merchants may advertise goods, services and/or experiences on the Site, or supply the Products and/or Vouchers to ModeFair, that require the Merchants to have an up-to-date regulatory authorization, license, or certification. ModeFair does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including but not limited to, food & beverage, health & fitness and beauty & spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any of the Products or Vouchers to determine whether: (i) the particular Merchant is qualified to provide the advertised goods or perform the advertised service; or (ii) the Product is of the care and quality required. Each of the Merchants is solely responsible for the care and quality of the Products and/or Vouchers offered by them.
    8. You acknowledge that the Products are standard and not made to fit any particular requirements that you may have.
  2. REGISTRATION OF ACCOUNT
    1. You may only create and hold one account on the Site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account whenever necessary. You understand and agree that ModeFair shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
  3. TERMS OF SALE OF PRODUCTS
    1. Any of the Products purchased by you on the Site is further subject to the following terms and conditions:-
      1. Order/Purchase of Products
        • When you purchase any of the Products posted or provided by ModeFair on the Site, by clicking the "Complete Order" button constitutes an offer to buy the Products ("Order"). Your purchase of the Products is not complete until we email you to confirm the transaction and we have received payment for such Products from you. We reserve the right to reject your offer and not conclude a contract with you for any reason whatsoever.
        • When placing an Order to purchase any of the Products you undertake that all the details that you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your Order and that there are sufficient funds to cover the cost of the Products. All prices advertised on the Site are subject to such changes. Please be aware that some of the Products offered or sold through the Site may not be suitable for children under 18 years of age, so please take extra care and caution when purchasing any of the Products.
        • If you discover that you have made a mistake with your Order after you have submitted it to the website, please contact [email protected] immediately upon making the Order. We will try our best to process your request.
      2. Price and Payment of Products
        • Whilst ModeFair makes best efforts to ensure that all details, descriptions and prices of the Products which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will notify you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you after 48 hours upon such notice being given to you, we will treat the Order or part of the Order as cancelled. We are under no obligation to fulfil your Order or part of the Order if the price listed on the Site for the relevant Product is incorrect (even after your Order has been acknowledged by us).
        • If you cancel your Order before we have delivered the Products to you, and you have already paid for your Order, you agree that ModeFair has the sole discretion to determine whether you are entitled to any refund for the purchase price you paid for the Products.
        • You can pay the price of the Products using any of our payment partners listed on our homepage including payment by using credit card, debit card or through any of our authorized payment partners.
        • Where applicable, prices are inclusive of goods and services tax and are in Ringgit Malaysia. Delivery costs will be borne by ModeFair provided that the delivery address is within Malaysia (including East Malaysia?). You shall bear all additional delivery costs or charges (including any GST if applicable) in the event you request the Products to be delivered to you out of Malaysia.
        • To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you a confirmation on your Order. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
      3. Use of Products
        • You shall at all times ensure that the Products purchased by you are used in accordance with all instructions which may be supplied by ModeFair and/or the Merchants. ModeFair shall not in any circumstances whatsoever be liable for any claims, demands, damages, penalties, costs or expenses of any nature whatsoever, which you may incur on account of your non-compliance with such instructions and you shall indemnify us against all such claims, demands, damages, penalties, costs or expenses of any nature whatsoever which may have been suffered by any third parties as a result of your non-compliance with such instructions.
      4. Refusal of Order
        • ModeFair reserves the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you a written confirmation of your Order, which we reserve the right to do at any time, at our sole discretion.
        • If we cancel your Order without any default on your part and you have already made payment for your Order, the payment amounts will be fully refunded to you within 7-14 business days (for Online Banking) and 3 business days (for Store Credit) from the date we notify you of such cancellation.
        • ModeFair shall not be liable to you or any other third party by reason of our withdrawing any Products from the Site, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an Order.
      5. Delivery of Products
        • We aim to deliver the Product or Products to you at the place of delivery requested by you in your Order.
        • We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
        • Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
        • All risk in the Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations as provided herein (for example clause 3.1.5(f) below), risk shall pass at the date when delivery would have occurred but unable to be delivered due to your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Products.
        • If you are not available to take delivery or collection of the Products, the delivery personnel may leave a card giving you instructions on either re-delivery or collection of the Products from the carrier.
        • If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Products to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
          • charge you for any fee and other costs reasonably incurred by us; or
          • no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product to you) and thereafter we are entitled to sell the Product to any other party without any reference made to you.
      6. Return of Products
        • Most of the Products may be returned to us, subject always to ModeFair’s Return & Refund Policy, but it is possible that certain Products are final sale and may not be returned unless due to manufacturing defect or the Products received by you are not in accordance with the description of the Products on the Site (please refer to our Return & Refund Policy for more information).
        • ModeFair possesses legal title to the returned Products only after the Products are received by us.
        • We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any Products you return: (i) are not eligible for return, in accordance with ModeFair’s Return & Refund Policy or the offer’s deal terms, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the Products’ directions and instructions.
        • You hereby acknowledge that the Merchant may have its own Return & Refund Policy applicable to the Products you purchased. The terms of Merchant’s Return & Refund Policy for the Products will prevail to the extent of any inconsistency with ModeFair’s Return & Refund Policy.
      7. Supply of Liquor to Minors
        • It is illegal for us to sell alcohol to you if you are under the age of 18. It is illegal for you to buy alcohol from us if you are under the age of 18 and it is illegal if you falsify your details in order to buy alcohol if you are under the age of 18.
      8. Non-Sales of Alcohol to Muslims
        • By virtue of Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all Malaysian Muslims are forbidden from buying and drinking alcohol.
        • In accordance to the legal provisions above, ModeFair will not sell any alcohol products listed on its website to any Malaysian Muslims.
  4. TERMS OF SALE OF VOUCHERS
    1. For the purpose of this clause 4, the word "you" and "your" shall include and have the same meaning as the holder of any Vouchers purchased through the Site. Any of the Vouchers purchased by you on the Site is further subject to the following terms and conditions:-
      1. By clicking on the "Confirm Booking" button you submit an offer to ModeFair to buy the Voucher ("Order of Voucher"). However, the purchase of the Voucher is not complete until you receive an email from ModeFair confirming acceptance of your offer.
      2. You hereby acknowledge and agree that whilst ModeFair provides the reservation program to you and/or Voucher Holder, ModeFiar does not guarantee the reservations or discounts provided by the Merchants in relation to the Merchant Offering. ModeFair is not responsible for the service, eligibility, or termination of the Merchants’ reservation in respect of Merchant Offering. ModeFair may terminate your use of the Site and prohibit you from making further reservations for any reason at its sole discretion. Such actions include but are not limited to: contacting our Merchants directly to attempt to modify the time, date or other parameters of a reservation or arriving at the designated location at a time or without complying with the applicable terms that are specified in your reservation confirmation and/or the Voucher, failing to cancel a reservation which you do not plan to attend (no-showing), committing fraud of any kind with regards to your obligation to pay the Merchants in full for services rendered.
      3. The Merchant is a third party unrelated to ModeFair that provides services or experience through the Merchant Offering. ModeFair does not sell, supply and/or provide the services or experiences. It only sells and supplies the Vouchers to you on the Site.
      4. ModeFair reserves the right to unilaterally amend these Terms of Sale of Vouchers at any time. All amendments to these Terms of Sale of Vouchers will be posted on the Site. You will be bound only to the version of the Terms of Sale of Vouchers you agreed to at the time you purchase any of the Vouchers.
      5. You acknowledge and agree that ModeFair expressly reserves the right to reject your Order of Voucher. In addition, even if ModeFair has accepted your Order of Voucher, it can cancel the contract at any time if the Merchant Offering cannot be performed or provided for any reason whatsoever or it reasonably suspects that you have committed or that you may be committing any fraud against ModeFair or the Merchant. In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, ModeFair will notify you as soon as possible by email. ModeFair will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.
      6. You hereby acknowledge that the Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering and such terms and conditions including all rules and regulations applicable to the Merchant Offering (such as in relation to reservation and cancellation thereof) will be stated on the Voucher. If there is any consistency between the terms herein and the terms and conditions imposed by the Merchant on the Voucher, the terms and conditions imposed by the Merchant on the Voucher shall prevail.
      7. Redemption of Voucher
        • Unless expressly stated otherwise:
          • the Voucher can only be redeemed once;
          • the Voucher can only be redeemed with the Merchant and not with ModeFair wherein the Voucher Holder shall if required by the Merchant be present at the location where Merchant Offering is to be provided or held or such other location as to be determined by the Merchant (subject always to other terms and conditions imposed by the Merchant on the Voucher);
          • you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant including to follow all the instructions on the Voucher;
          • in order to redeem a Voucher you must present it to the Merchant within a period of time as specified on the Voucher ("Redemption Period"), if so instructed by the Merchant. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically and cannot be redeemed anymore, which ModeFair shall not be responsible for any claims, demands and/or request for refund made by you as a result of your omission or non-compliance of the same.
      8. Unless expressly stated otherwise, the Voucher may be valid for one person only or a number or group of individuals depending on the nature of the Merchant Offering, wherein you are responsible to read through and abide by all the terms and instructions as stated on the Voucher and/or such other rules and regulations imposed by the Merchant, if any.
      9. On behalf of the Merchant, ModeFair may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
      10. Please note that Vouchers are final sale and non-refundable unless otherwise stated. Vouchers are sold inclusive of all taxes and additional fees unless otherwise noted and may not be combined with other offers. Unless a specific exception is made, Vouchers are not eligible for upgrades and are not transferable. Vouchers obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
      11. Use of a Voucher
      12. Additional Terms
        • You understand that Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchants identified on the Vouchers. The Merchants are solely responsible for redeeming the Vouchers. Furthermore, the Merchants are fully and solely responsible for the care and quality of all goods and services they provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release ModeFair and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any of the said liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
        • By purchasing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase and these Terms and Conditions. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Sale of Voucher (including, without limitation, these Terms and Conditions) will render the Voucher void.
        • All Merchants are the respective sole issuers of the Vouchers offered by them. Vouchers are not redeemable for cash, unless required by law.
  5. THIRD-PARTY LINKS
    1. Certain contents, Products and/or Vouchers available on the Site may include materials from third-parties.
    2. Third-party links on the Site may direct you to third-party websites that are not affiliated with ModeFair. ModeFair shall not be responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    3. ModeFair shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    1. If, at our request, you send certain specific submissions (for example contest entries or review on the Products or Vouchers) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that ModeFair may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any Comments. You grant to ModeFair a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable rights to use and exploit the Comments.
    2. We may, but have no obligation to, monitor, edit or remove any content of the Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
    3. You agree to grant all users of this Site a non-exclusive license to access your Comments through this Site and to use, modify, reproduce, distribute, prepare derivative works of display as permitted through the functionality of this Site and under these Terms and Conditions.
    4. Your agree and acknowledge that ModeFair retains the right to reformat, modify, create derivative works of excerpt or translate any of your Comments submitted by you to us. For clarity, the foregoing license granted to ModeFair does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the Comments, unless otherwise agreed in writing.
    5. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site particularly on the Products and/or Vouchers or any related website. You may not use a false e-mail address, pretend to be someone else other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. ModeFair takes no responsibility and assume no liability for any comments posted by you or any third-party.
  7. PERSONAL INFORMATION
    • Your submission of personal information through the store is governed by our Privacy Policy.
  8. PROHIBITED USES
    • In addition to other prohibitions as set forth in thea Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
  9. INTELLECTUAL PROPERTY RIGHTS
    • All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or the rightful owner(s). 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.
  10. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
    1. Please read this section carefully since it limits the liability of ModeFair to you. Each of the subsections below only applies up to the maximum extent permitted under the applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the Site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
    2. The Site is made available to you on an "as is", and "as available" basis, with the express understanding that ModeFair may not monitor, control, or vet user content. As such, your use of the Site is at your own discretion and risk. ModeFair makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, ModeFair is not liable to you for any loss or damage that might arise, for example, from the Site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the Site.
    3. ModeFair is a service provider and transaction handler for the Merchants. ModeFair is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant provides. ModeFair makes no claims or promises with respect to any third party, such as Merchants, businesses, suppliers, social influencers or advertisers listed on the Site or the Site's users. Accordingly, ModeFair is not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the Merchants, businesses, suppliers or advertisers listed or featured on the Site. Your purchase and use of Products or Vouchers offered by Merchants or third parties through the Site is at your own discretion and risk.
    4. ModeFair expressly disclaims all warranties, whether express or implied, including warranties as to the Products and/or Vouchers offered by the Merchants listed on the Site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of ModeFair shall create a representation or warranty.
    5. Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.
    6. ModeFair’s maximum aggregate liability to you for losses or damages that you suffer in connection with the Site or these terms is limited to the amount or purchase price paid by you, if any, on the disputed Products or Vouchers.
    7. ModeFair disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
    8. ModeFair has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Site, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Site (or any part thereof) on any particular device or communications service. ModeFair has no obligation to provide you with notice of any such changes, and is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.
  11. INDEMNIFICATION
    • You agree to indemnify, defend and hold harmless ModeFair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  12. SEVERABILITY
    • In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
  13. TERMINATION
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    2. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services on the Site, or when you cease using our Site.
    3. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, 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 part.
    4. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site 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 or with any terms, conditions, rules, policies, guidelines, or practices of ModeFair in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
  14. ENTIRE AGREEMENT
    1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    2. These Terms and Conditions including all policies or rules posted by us on this Site or in respect to the services provided by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
    3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
  15. GOVERNING LAW
    • These Terms and Conditions including but not limited to the Terms of Sale of Products, Terms of Sale of Voucher, our Return & Refund Policy, Privacy Policy and any separate agreements whereby we provide you services with respect to the Site shall be governed by and construed in accordance with the laws of Malaysia.
  16. CONTACT INFORMATION
    • Should you have any question about the Terms and Conditions please contact us at [email protected]
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