Terms and Conditions - Hann Consulting

GENERAL
1. This document is an electronic record & being generated by a computer system it does not require any physical or digital signatures.
2. This document is published to provide the rules and regulations, privacy policy and Terms of Use for access or usage of hannasia.com or the services “hannasia’, “EAR”.
3. For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and provided Registration Data while registering on the website or by simply visiting the Website by entering the domain name in any internet browser. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Service on behalf of that entity. Any services provided by the Website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
  1. By visiting the website, You are bound by these Terms of Service and any other binding documents as decided by the Company. You are requested to read them carefully before accepting.
  2. The term ‘We’/ ‘Us’/ ‘Our’ shall mean www.hannasia.com. The use of this website by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website or downloading the any of the information and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these terms.
  3. You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by Hann Asia, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You.
  4. This relationship with Us creates on You a duty to periodically check the terms and stay updated with its requirements. If You continue to use the Website following such a change, this is deemed as unequivocal consent by You to the so amended policies by Us. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service.
  5. We are not liable to any records, data, pictures or documents submitted by any other means such as personal email, mobile, sms or any messaging platform.
  6. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies and rules and regulations, inter alia, the Privacy Policy, which also, would be amended from time to time.
SIGN-UP/MEMBERSHIP/USAGE
1. The sign-up/membership/usage of the Website/Service is to any of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where this Website/service can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2. Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account (if applicable) will be deemed to have been done by You. In the event that We discovered that You have provided us with false and inaccurate details, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the such termination and/or suspension.
COMMUNICATIONS AND INFORMATION SHARING
1. By using this Website/Services, it is deemed that You have consented to receiving calls, emails, from Us at any time with the use of the telephone number/email address that has been provided by You for the use of this Website/service, subject to the Privacy Policy. This includes contacting You through information received through other parties as well as contacting other parties through the information You provide to Us.
2. The use of this Website/App is also Your consent to receive communications (e.g. SMSes, Emails, etc) from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing communications. In case You wish to stop contact with Us for the same, You may send Us an email to the effect at contact@hannasia.com or ear@hannasia.com.my..my
3. You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contract agreements and/or policies.
4. The sharing of the information provided by You will govern by the Privacy Policy. We will not give out such Your contact information to third parties not connected with the Website and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the ‘Privacy Policy’ for more information.
PAYMENT
1. The use of this Website is free of cost and this includes only the usage of certain services of the Website. You hereby understand and accept that the free/complimentary services may be amended any time at the discretion of the Company.
2. However, in the event You use the Website for a payable services such as consultation with Professional or sign up the assessment, You shall be required to pay for the consult as stated in the payment page at the time of usage, you shall be required to pay for the payment page if you would like to procure the service(s), alongside delivery costs where applicable.
3. For the purpose of this section, Buyer would include any Users choosing to use the services offered on our Website. Seller means Us/Website/Company.
4. All prices listed for payable services in the Website by us are subject to change and You hereby understand and accept that we reserve the right to change, modify and/or amend the price listed at any time without prior notice. Any reference or discount codes for prices listed in the Website given and/or caused to be given by us are not applicable to description of products. You understand description products listed in Website cannot be used in conjunction with any ongoing promotions and are not refundable or exchangeable for cash or otherwise.
5. While availing any of the payment method(s) available on the Website, We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction(s), or
  2. Exceeding the present limit mutually agreed by You and ‘Bank(s)’ or financial service provider, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason(s)
THIRD PARTY INFORMATION
1. The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’).
2. The Website may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content.
3. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email ear@hannasia.com.my. to report any such content.
4. Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring” or duplicating data to another computer or device) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
USER CONTENT
1. The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material at any time submitted to this Website, or stored on Our servers, or hosted or published upon this Website.
2. Any posting by You of any form of User content on the Website must be verified as to the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, in the event that We deem it necessary to check such accuracy.
3. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
4. In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same. We reserve to right to pursue legal action for indemnity, losses and/or damages against You arising out of any posting of User content by You.
USER OBLIGATIONS
1. You are a restricted user of this Website.
2. You shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website.
3. With Our prior permission limited use of this Website may be allowed. For the avoidance of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
4. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
5. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website.
6. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable.
8. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to ear@hannasia.com.my.
9. This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
  1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
  5. Post any file that infringes the copyright, patent or trademark of other legal entities.
  6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
  12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  13. Violate any applicable laws or regulations for the time being in force within or outside Malaysia;
  14. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  15. Threaten the unity, integrity, defence, security or sovereignty of Malaysia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  16. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside Malaysia;
  17. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  18. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
10. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
11. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
12. We have no obligation to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE.
13. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website.
14. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
CANCELLATIONS AND REFUNDS
1. The Website shall be only an intermediary connecting the User with the subscription of assessments or professional consultation of service booked. Once the subscription of assessments or appointment has been made and a confirmation has been given to the User, the Company shall provide at the time of booking the service. This includes assessment related access code delivery to User as well.
2. Once an subscription of assessments has been made and it is confirmed at Our end, no amount shall be refunded, in the event of a cancellation initiated by the User. In the event that access code provide and User decides to procure the assessment(s) and the order is confirmed at Our end, no amount shall be refunded, in the event of a cancellation initiated by the User.
3. In the event that You are unable to complete the assessment within the timeframe, by writing to ear@hannasia.com.my. before the expiry of the first access to request for an extension ONLY.
4. However, in certain circumstances, the Company, at its sole discretion, shall permit a refund of the full or partial amount if the assessment/service becomes unavailable. The decision of the Company shall be final in such cases.
5. In the event that We modify, change and/or amend the prices listed for payable services in Website during Your subscription cycle in accordance with the terms herein, We shall not permit a fund whether in full or partial and the any change, modification or amendment made to the prices listed shall only be reflected in in the next subscription cycle.
6. If You have provided a wrong information or your email is not accessible without informing us or fail to complete the online assessment within the timeframe window, your access will be forfeited. Any new access will be considered a fresh subscription.
LOCATION
1. Currently We provide chat, phone call, video call and consultation services in Malaysia.
DISCLAIMERS
1. Except for the warranties expressly provided in this Section, EAR is providing the Materials and support “as is” and does not make, and hereby disclaims on behalf of itself and its Affiliates, to the fullest extent permitted by law, all warranties, whether express or implied, statutory or otherwise, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, timeliness, completeness, or accuracy. Without limiting the foregoing, EAR does not warrant that use of the Cloud Services or Deliverables will be uninterrupted or error free or that all defects will be corrected. To the extent that EAR cannot disclaim a warranty as a matter of law, the scope and duration of such warranty will be the minimum permitted under applicable law.
COMPLIANCE WITH LAWS
1. The User of the Website/App shall comply with all the applicable laws applicable to them respectively for using Payment Facilities and the website
DISCLAIMER OF WARRANTIES AND LIABILITIES
1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
  1. The website, services and other materials provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
    1. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
    2. Materials, information obtained and results will be effective, accurate or reliable;
    3. Any errors or defects in the website, services or other materials will be corrected.
  2. we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
  3. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
  4. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
  5. we shall not be liable for any third party product or services.
INDEMNIFICATION AND LIMITATION OF LIABILITY
1. You agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use.
2. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights in no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
SEVERABILITY
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
BREACHES OF THESE TERMS AND CONDITIONS
1. Without prejudice to our other rights under these Terms of Use, Your rights under the Agreement may automatically terminate without notice if You fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate Your access to the website or Your use of the Service at Our discretion without notice at any time and/or bringing court proceedings against You, including if We determine that Your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service or of a Third Party.
NO WAIVER
1. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
DISPUTE RESOLUTION
1. These Terms of Service will be governed by and construed in accordance with the laws of Malaysia without regard to its conflicts of law provisions. Any failure of the Website, Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website, and all other provisions for which survival is equitable or appropriate.
2. In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall control.
3. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Malaysia, and shall have exclusive jurisdiction over any disputes arising between the Parties.
MISCELLANEOUS
1. We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the Website/Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.
2. Your use of this Website/Service prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability.
3. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
4. We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Malaysian law to claim any damages or initiate any legal proceedings against the User.