Terms and Conditions

DISCLAIMER

Scope and Applicability

Welcome to kwaibeer.com website. We operate this website (the “Site”) to provide online access to information about us, and our products, services and opportunities we provide (collectively, the “Service”). By accessing and using this Site, you agree to be legally bound by each of the terms and conditions set forth herein (the “Terms of Use”), which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by any of these Terms of Use, please do not access and/or use the Site.

Additional terms and conditions applicable to specific areas or sections of this Site or to particular content or transactions may also be posted in such areas or sections of this Site, and together with these Terms of Use, govern your access and usage of the same. These Terms of Use, together with such applicable additional terms and conditions, are referred to as this “Agreement”.

We reserve the right to modify or change this Agreement at any time as we deem appropriate and without giving you any prior notice. Your access and usage of the Site following any such modification or change constitutes your agreement to abide and be legally bound by the Agreement as so modified or changed. You are therefore advised to review these Terms of Use regularly to ensure you are aware of any changes.

Use of Site

You may use (and, in specified instances where applicable, download) the Service, the Site, and the information, writings, images, software and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial and personal purposes and/or to learn about us, and our products and services.

You may not appropriate, alter, broadcast, copy, derive another work from, disseminate, distribute, download, make available to the public, modify, post, reformat, reproduce, republish, transmit or otherwise use the Content in any other way except as expressly permitted by these Terms of Use and/or with our express prior written consent.

Linking to this Site

You are granted a limited, revocable and non-exclusive right to create a hyperlink to our home page so long as you do not portray the Site or us in a false, defamatory, derogatory or offensive manner. However, unless you are specifically permitted by us in writing to do so, you are not to mirror, frame or utilise framing techniques on this Site, the Service or the Content, or connect “deep links” to the Site (i.e. create links to the Site that bypass the home page or other parts of the Site).

Ownership and Intellectual Property

For the avoidance of doubt, no right, title or interest in any Content is transferred to you, whether as a result of your downloading such Content or otherwise. Please be aware that all Content is our property and/or the property of our content providers and is protected by applicable copyright laws.

The Site contains a number of names, images, logos and/or taglines identifying us and our range of products and services, and third parties and their products and services. These are our proprietary intellectual property or the proprietary intellectual property of third parties who have authorised their use on the Site. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use any of our intellectual property or that of any third party.

Disclaimer of Warranties

Please be aware that the Site, the Service and the Content (including for this purpose, any information on, about or from third parties or relating to third party products and services) is provided on “as is” and on an “as available” basis, in respect of which we make no express or implied representations, warranties or endorsements whatsoever. We also expressly disclaim all and any representations and warranties (whether express or implied by law) to the extent permitted by law, including implied warranties of accuracy, compatibility, completeness, fitness for any particular purpose, merchantability, non-infringement, satisfactory quality, security and title, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the Site.

We do not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that errors or defects in the Site or the Service, if any, will be corrected, or the Site or our server that makes it available will be free of viruses or bugs. Neither can we guarantee or warrant that any files or software available for downloading through the Site will be free of infection by software viruses or other harmful computer codes, files or programmes.

Limitation of Liability

Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action):

• loss of data;
• loss of revenue or anticipated profits;
• loss of business;
• loss of opportunity;
• loss of goodwill or injury to reputation;
• losses suffered by third parties;
• any indirect, consequential, special or exemplary damages, arising from (and irrespective of whether we have been advised of such possibility or occurrence):
• the use of or inability to use the Site, the Service, or the Content;
• any transaction conducted through or facilitated by the Site;
• any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service or the Content;
• unauthorized access to or alteration of your transmissions or data; or
• any other matter relating to the Site, the Service or the Content.

If you are dissatisfied with the Site, the Service, the Content or, with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Links to Third-Party Websites

Links on the Site to any third-party websites or information relating thereto are provided solely for your convenience. If you use these links or access such websites, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein. We are not responsible for the availability of any such websites, nor are we responsible or liable for any such website or the content therein. If you use the links to the websites of our affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy, if any, applicable to those websites.

Indemnity

You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, agents, and any third-party information providers to the Service, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and legal costs on an indemnity basis, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any breach or non-compliance by you of this Agreement.

Your Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, the Service or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Unsolicited Ideas

We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. This policy is necessary to avoid misunderstandings should our business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to us. If, in spite of our request that you do not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmissions may say:

• your idea will automatically become our property, without any payment or compensation to you;
• we will have no obligation to return your idea to you or respond to you in any way;
• we will have no obligation to keep your idea confidential; and
• we may use your idea for any purpose whatsoever, including disclosing or giving your idea away to others.

User Submissions

We do not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”, and including for this purpose, any feedback you send to us regarding any area of our existing businesses) will be considered non-confidential and non-proprietary. For all Submissions:

you warrant, represent, and undertake that you have the unencumbered legal right to post the Submission and that it will not infringe or violate any applicable laws or the rights of any person or entity; you hereby grant us a royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction whatsoever or any responsibilities to you.

Entire Agreement / No Waiver

Save as expressly provided hereunder, these Terms of Use constitute the entire agreement with respect to the subject matter hereof. No waiver (whether effected by a positive waiver or by a delay or failure in enforcement) by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severance

If any provision of these Terms of Use shall be held to be illegal or unenforceable, in whole or in part, under any applicable law, enactment or regulation, such provision or part thereof shall, to that extent, be deemed not to form part of this Agreement but the validity and enforceability of the remainder of these Terms of Use shall not be affected.