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Term and Condition of Inquiry Form

Agreement

 

  1.  By clicking “I agree”, or by submitting your information on any Qiu Xiang Tea electronic platform (portal, website, survey etc.), you agree to the terms and conditions of this Agreement and the Qiu Xiang Tea Privacy Policy(“collectively referred to as “Terms”). Please note that this Agreement is subject to change without prior notice (unless prior notice is required by law). By completing this online questionnaire, you agree to be legally bound by these terms, which shall take effect immediately on your first use of this website. If you do not agree to be legally bound by all the terms please do not access and/or use the website and/or complete the questionnaire. Qiu Xiang Tea may change the terms at any time by posting changes online.    Please review the terms regularly to ensure you are aware of any changes made by us.
  2.  You agree that Qiu Xiang Tea may collect, process (which shall have the meaning ascribed in the definition of “processing” in the Personal Data Protection Act, 2010 (PDPA), use and store your’s personal information (including special personal information)  for purposes of (i) providing the services, (ii) maintaining its internal administrative or client relationship management systems, including the use of third party IT outsourced providers, (iii) quality and risk management reviews and legal reporting obligations, (iv) providing information about its range of services, (v) carrying out and managing its business operations,  (vi) providing professional advice, and (vii) any legitimate business purposes of or other activities conducted by Qiu Xiang Tea from time to time.  You undertake to keep the personal information up to date by keeping Qiu Xiang Tea informed of any changes that need to be made to the personal information.
  3. You warrant that the consent of any other data subject whose personal information shall be disclosed to Qiu Xiang Tea by you in terms of this agreement has been obtained or that you are otherwise justified in law to disclose such information to Qiu Xiang Tea. You further warrant and undertake to immediately inform Qiu Xiang Tea (i) of any changes to the personal information provided by you in order to keep the data accurate, (ii) should any data subject withdraw any consent previously given and/or (iii) should Qiu Xiang Tea for any other reason no longer be entitled to lawfully process  the  data subject’s personal information. You agree to hold Qiu Xiang Tea and/or any and all of its directors, officers or any other officials thereof respectively, harmless and indemnified against any and all loss, damage, costs (including legal costs on an attorney and client basis), charges, penalties, fines,  interest, expenses which may be incurred or sustained by Qiu Xiang Tea and/or any one or more of the aforesaid persons as a result of you breaching the aforementioned warranties or failing to comply with any of your obligations in terms of PDPA or any other applicable data protection law or regulation.
  4. You understand and agree that the personal information may in appropriate circumstances reside and be processed outside Malaysia and you agree that a Qiu Xiang Tea firm or entity acting on its behalf shall be entitled to transfer and process personal information across country borders to such locations outside Malaysia and for the purposes set out above.
  5. You agree that Qiu Xiang Tea shall be entitled to retain the personal information for a minimum period of 5 years, after which, subject to what is set out below, the personal information shall be destroyed in accordance with the provisions of PDPA.  You agree that Qiu Xiang Tea shall however be entitled to extend the period for which personal information is retained (i) if this is required or authorised by law, (ii) Qiu Xiang Tea reasonably requires the information for a longer period for lawful purposes related to its activities or functions, (iii) this is required by any contract between the parties, or (iv) for statistical or research purposes (subject to appropriate safeguards).
  6. Qiu Xiang Tea is not liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
  7. Qiu Xiang Tea will not be liable to users in respect of any loss or damage (including consequential loss or inconsequential loss) which may be suffered or incurred or which may arise directly or indirectly because of services supplied by Qiu Xiang Tea.
  8. These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and Qiu Xiang Tea’s liability for any breach of a condition in relation to supply by it of services to users is limited to, at Qiu Xiang Tea’s option, supply of the services again, or the payment of the cost of supplying the services again.
  9. Qiu Xiang Tea will not be liable for any loss caused by the failure to complete the questionnaire.
  10. These terms and conditions are subject to change at the sole discretion of Qiu Xiang Tea.
  11. Users warrant that all information provided by them on the questionnaire is accurate and does not breach any law or the rights of any person.
  12. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the material available on this website in any way for any public or commercial purpose. You may not copy or adapt the code or software that Qiu Xiang Tea creates to generate its pages.
  13. You may not ‘frame’ or ‘mirror’ any materials or third party content contained on or accessible from the Qiu Xiang Tea site on any other server or internet based device without the express written authorization of Qiu Xiang Tea.
  14. Qiu Xiang Tea will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary),if there is any deficiency or inaccuracy in the site attributable to a lack of maintenance of the site or in relation to the accuracy, sufficiency or otherwise of your application.
  15. These terms and conditions are subject to change at the sole discretion of Qiu Xiang Tea (M) SDN. BHD.
  16. All users warrant that they have not relied on any representation made by Qiu Xiang Tea which has not been expressly stated in these terms and conditions or the engagement letter for the provision of specified services by Qiu Xiang Tea. On lodging material, users indemnify Qiu Xiang Tea and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of your application, or any activity that is expressed in these terms and conditions to be the responsibility of the user, or breach of these terms and conditions.
  17. Qiu Xiang Tea does not monitor your data or transmissions, yet, it does actively monitor accounts for system utilisation. Upon any breach of this agreement, or inappropriate use of Qiu Xiang Tea services as determined by Qiu Xiang Tea in its sole discretion, Qiu Xiang Tea reserves the right to terminate your registration. Qiu Xiang Tea’s preferred course of action is to advise you of your inappropriate use or breach of this agreement and recommend any necessary corrective action.