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Terms and Conditions
Welcome to the Ascending Women program. Please read the Terms & Conditions carefully.
The www.ascendingwomen.com (the “Website”) and/or Ascending Women (herein referred as the “Program”) include but is not limited to the goods or services offered or made available to the Members for use, purchase or redemption.
A “Member” refers to any individual who registers with or sign-up for the Ascending Women program and is responsible for complying with this Agreement. “Membership” is in which a Member agrees through registration of specified arrangements to participate or join in the Program. The qualifying age of individuals for Membership is 18-years and above.
“Alliances” refers to retailers, companies or other persons who participate or provide or supply related goods or services in respect to the Program.
“Suppliers” are companies or persons hired to provide or handle or supply goods or gifts for and/or on behalf of Ascending Women and the Alliances.
The “Content” refers to but are not limited to all information, data, software, text, photographs, audio clips, video clips, graphics, images, illustrations, animation, messages or any other materials provided as part of the Ascending Women program irrespective of whether the content is publicly posted or privately transmitted.
By accessing this Website, you shall be deemed to have unconditionally accepted and agreed to these Terms & Conditions. Ascending Women has the right to revise the Terms & Conditions from time to time without prior notice and/or assign any reasons whatsoever. If you do not accept these Terms & Conditions, please discontinue accessing and/or use of this Website.
Membership
• To register as a Member for the Program, you must complete and submit a registration form which is available online on this Website: www.ascendingwomen.com. Your membership registration signify that the you agree to provide complete, true and accurate information as required in the registration form and will unconditionally comply with the Terms & Conditions of this Program. Ascending Women reserves the right to terminate your membership if any information provided is untrue, inaccurate or incomplete.
• You agree that information about you may also be obtained from other application sources apart from the website such as mobile short-messaging-service (SMS), survey or questionnaires or poll or by any other means or channel as introduced by Ascending Women from time to time.
• The Ascending Women membership is non-transferable and the use or participation of the Member is restricted to whom the registration is issued and is to be used only by the registered Member in connection with the Ascending Women program. Payments for any transaction, wherever applicable are to be separately made by cash or credit cards and/or as advised by Ascending Women. Members are advised to verify the terms & conditions and applicable fees or charges of use related to each program as stated upon registration for that particular program.
• A Member must notify Ascending Women of any change in the registration details to enable Ascending Women among other things to send notification or updates relating to Ascending Women and the use or participation of the Program.
• Ascending Women reserves the right to refuse a Membership application without having to disclose the reasons. Additionally, the Membership shall at all times remain the property of Ascending Women which may at its sole discretion, terminate or suspend the Membership without prior notice or assigning any reasons whatsoever.
• Ascending Women reserves the right and at its own discretion to send notification, brochures, catalogues, leaflets or any other promotional materials to the Members.
• Throughout the Membership, the registered data or information of the Member is subject to the Ascending Women’s Privacy Policy.
Annual Fee, Registration Fee, Transaction Charge and Other Fees/Charges
• The Ascending Women program is subject to the following fees to be paid by the Member:
- a one-time registration fee of an amount as Ascending Women may prescribe
- an annual membership fee of an amount as Ascending Women may prescribe
- a transaction/processing charge as Ascending Women may prescribe for these transactions but not limited to participation or purchase or redemption or subscription of the goods or services provided by the Program
- Or any other fees and charges not stipulated above that Ascending Women may prescribe from time to time
• All fees paid to or in connection with the Ascending Women program are non-refundable under any circumstances whatsoever.
Security of Membership
• The Member is required to provide Ascending Women with a valid email address and create a password when registering for the Program. It is the Member’s sole responsibility to keep the password confidential and is also fully responsible for all activities under the Member’s password or account.
• Ascending Women will not be responsible for any technical system failure, its website, SMS system and/or other related channels affecting the Member’s transaction or use.
Alliances
• Ascending Women reserves the right to invite or allow any Alliances or any other companies to participate in the Program and in such event, to modify the Program and any of the terms & conditions provided herein or other agreements or documents relating to the Program.
• All goods or services offered are subject to such terms and conditions as are mentioned in the then current Program and such other terms and conditions as determined by the Alliance and Ascending Women.
• Ascending Women reserves the right to determine, vary or amend from time to time the qualifying goods or services without prior notice or assigning any reasons whatsoever. In addition, changes to the Alliances, the goods or services or offers may be made without prior notification to Members. From time to time, Ascending Women and the Alliances may also offer privileges or customized promotional offers to the Members.
• You may also be subject to additional terms and conditions when using the Alliances’ goods or services and failure of Ascending Women to enforce or exercise any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.
• The Alliances do not have any authority, express or implied, to make any representation or statement on behalf of Ascending Women.
Use of the Program
• The following may additionally apply if the Member’s use of the Program is related to subscription type or in relation to attendance of conferences, seminars, training or workshops or exhibitions or events of such similar nature:
- The Member consents Ascending Women and/or the Alliance to release personal and transaction (including payment) information to the Alliance which may include completing a related form to the Alliance.
- The Member is responsible to provide identical information to both Ascending Women and the Alliance for such purposes.
- The Member agrees to be communicated or notified via SMS or email as reminder on the subscription or confirmation of the attendance and/or participation.
• If the goods or services or gifts are in the form of certificates/vouchers, the following will apply:
- The Member is to use at the Alliance’s participating outlets or specified offices as mention on the certificates/vouchers for the specified purpose stated therein.
- The Member is to take note of the certificates/vouchers validity date and the terms and conditions stated therein. No replacement will be made for any certificate or voucher not used after the expiry date.
- The Member is also responsible for notifying and making all bookings or reservations and its issuance does not constitute confirmation of the reservation. Any negligence or disputes arising thereof is solely between the Member and the Alliance.
• Both Ascending Women and the Alliance may operate a no refund or exchange or non-transferable policy for the qualifying goods or services.
• No monthly statement will be sent to the Member.
• Ascending Women give no representation or warranty to any goods or services or gifts and with respect to its quality or its suitability and/or durability for any purpose. The Member is required to liaise directly with the relevant Alliances in accordance to the specified warranty.
• Delivery of the goods or subscription or gifts wherever applicable for the Program is to be directly dealt between the Member and the Alliance, subject to the terms and conditions of the respective Alliance. The goods or subscription or gifts will not be delivered to a P.O. Box address or outside of Malaysia and shall be delivered to the Member’s current address or delivery address if requested by the Member. An acknowledgment shall be deemed to be the acknowledgment of the Member irrespective if the Member’s address is to the office or home.
• The Member agrees to produce the identity card or other form of identification document for verification purposes in purchasing or redeeming or upon delivery of the goods or subscription or gifts. Additionally, the Member is to examine the condition of the goods or gifts purchased, redeemed or delivered and shall liaise with the Alliance for any disputes arising thereof. Ascending Women will not be responsible for the condition of the goods or gifts purchased or redeemed.
• All delivery or courier charges and installation cost incurred will be borne by the Member and shall be stated in the Program accordingly.
• All goods or subscriptions or gifts are subject to availability and per the terms and conditions specified for the current Program’s schedule. Members are responsible to satisfy and comply with the terms and conditions imposed by the Alliances.
Payment
• Payment for the Program wherever applicable in accordance to the arrangements specified by Ascending Women is to be made prior to activation or use of the Program.
• For purchases of goods and/or services via credit card, the Member shall be solely responsible for the security of such use at all times and Ascending Women shall not be under any obligation to verify the identity or authority of the person transacting using the credit card regardless whether the person is authorized or unauthorized.
• Ascending Women shall not be responsible for any transactions declined by the approving bank or any fraud arising from disclosure of the credit card payment details.
• In the case of payments via cash-in deposits or bank transfer or ATM transfer into the specified account, confirmation of payment will be upon receipt of the payment transaction slip sent either via fax or scanned copy to Ascending Women.
• Please refer to Payment Option for more information.
Use of the Content or Website
• You are solely responsible for use of all Content that is made available for the Program. In addition, the use of the Content is at your own evaluation, discretion and risk. Ascending Women does not control the quality, integrity, accuracy, timeliness, completeness or reliability of any information of this Website.
• You are solely responsible for any loss of data or damage to your computer system if incurred in using the Content or Program on any downloaded information or data.
• In using this Website or the Content, you are:
- Prohibited from contributing, posting or transmitting any unlawful, harmful, discriminating, defamatory, threatening, libelous, obscene, fraudulent, deceptive, profane materials or that could infringe any patent, trademark, copyright and proprietary rights of any party.
- Not to publish, display, reproduce, reprint, copy, duplicate, distribute, modify, sell or resell, use and/or exploit any portion of the Content for any public or commercial purpose.
- Not to use the Content or this Website for any form of unauthorized solicitation or misrepresentation or manipulation or in any objectionable, inappropriate or unlawful way.
- Not to transmit or upload software viruses or any other similarly destructive means which could adversely affect the Website.
- Aware that any content that features a model or person in a manner are for illustrative or advertising or promotion purposes and do not personally endorse any business, product, service, cause, association or other endeavor, except where accompanied by a statement.
• Ascending Women may take the actions deem necessary to prevent the violation including without limitation, the immediate removal of the related materials from this Website and if required, fully cooperate with any law enforcement authorities to reveal the identity of anyone posting such materials.
Communications or Contributions to Ascending Women
• You acknowledge and further agree that any contribution, information or material sent or submitted to Ascending Women are not confidential and warrant that the information is original to you and that no other party has any rights to them or will not violate any intellectual property right or privacy right of any third party.
• By communicating or submitting contribution or other information or material to Ascending Women, you waive any rights in the contributed materials or information and grant Ascending Women all rights and license to use, reproduce, modify and incorporate such communication, contribution or any other material whether in whole or in part that may consists of but not limited to articles or write-ups, comments, ideas, suggestions or concepts into the Program or Website without paying any compensation or royalty to you and/or without any further obligation to you.
• Such communication or contribution or submission by you including results of your participation in any contest, promotion or survey becomes and will remain the sole property of Ascending Women.
• In addition, you also acknowledge and agree that the comments and views expressed on the Program or the Website do not necessarily reflect the views of Ascending Women and neither does Ascending Women support or endorse any specific content of the contribution posted or submitted by you or any user.
Limitation of Liability
• IN NO EVENT WILL ASCENDING WOMEN AND ITS HOLDING COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, NOR ANY THIRD PARTY INVOLVED IN THE DEVELOPMENT, DESIGN, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR TO ANYONE ELSE (1) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, GOODWILL, DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHERWISE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) FOR ANY NEGLECT, OMISSION OR DAMAGES SUFFERED AS A RESULT OF ANY DEFECT OR ERROR IN ANY MACHINES OR UNAVAILABILITY OF ANY NETWORK CONNECTIONS OR INABILITY TO RETRIEVE ANY INFORMATION OR DATA FROM THE COMPUTER SYSTEM; (3) FOR ANY LOSS OR DAMAGE ARISING FROM ANY OF THE ALLIANCES INCLUDING ITS APPOINTED SUPPLIERS OR AGENTS OR CONTRACTORS INCLUDING WITHOUT LIMITATION, ANY REFUSAL TO HONOR OR ACCEPT THE PROGRAM OR ANY STATEMENT OR OTHER COMMUNICATION MADE IN CONNECTION HEREWITH OR ANY DEFECTIVE OR DEFICIENT GOODS OR SERVICES SUPPLIED INCLUDING LOSS, THEFT OR DAMAGE TO ANY OF THE GOODS IN THE COURSE OF DELIVERY OR POST; OR (4) ANY OTHER PROBLEMS RELATING TO THE PROGRAM.
• IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR SERVICE. FOR ANY PROBLEM WITH THE GOODS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE ALLIANCE OR IN ACCORDANCE WITH THE ALLIANCE’S MANUFACTURERS OR SUPPLIERS WARRANTY POLICY. ANY DISPUTE OR CLAIM AGAINST THE ALLIANCES AND/OR ITS APPOINTED SUPPLIERS OR AGENTS OR CONTRACTORS SHALL NOT AFFECT THE OBLIGATIONS OF THIS AGREEMENT.
Indemnity
• You agree to indemnify and hold Ascending Women and its holding company, directors, employees, sponsors, advertisers, agents, Alliances, affiliates, partners or assigns harmless against any loss or damages or claims or liabilities or cost or expenses including reasonable attorney’s fees from any third party which may arise from your use of the Website, the Content or the Program or from your violation of the Terms & Conditions or your violation of any rights of another party. This indemnity survives termination of these Terms & Conditions.
Disputes
• Any claims or disputes by the Member in respect of the Program or its Membership may be handled by Ascending Women. In any dispute, Ascending Women’s decision is final and binding.
• Ascending Women will not oblige or entertain any dispute by the Member after the Alliance has ceased to be a part of the Ascending Women program.
Termination
• Ascending Women reserves the right to withdraw or terminate the Ascending Women program at any time without notice or assigning any reasons therefor and you shall have no further claims whatsoever against Ascending Women.
• The Member further agrees that Ascending Women shall not be liable to the Member and/or any third party for any termination or suspension of the Member’s subscription or use of the Program or service.
Miscellaneous
• You shall not assign, transfer, sublicense nor pledge in any manner whatsoever any rights or obligations under this Agreement. Ascending Women may transfer information about you if the Program is acquired by or merged with another subsidiary, affiliate or successor or to any third party, without notifying you or receiving your consent.
• Notwithstanding anything in this Agreement, Ascending Women’s rights and entitlement under this agreement shall continue to remain in full force and effect and shall survive any cancellation, revocation or suspension of the Program provided by Ascending Women.
• The invalidity or unenforceability of any of the provisions herein or any part thereof shall not substantially nullify the underlying intent of this Agreement and the invalid or unenforceable provision shall be severable and the invalidity and unenforceability of any terms or provisions shall not affect the validity and enforceability of the terms or provisions herein contained which shall remain in full force and effect.
• The Terms & Conditions herein stated shall in addition to and not in derogation of any specific agreement or arrangement with regard to each of the facility under the Ascending Women program now or hereafter from time to subsisting between Ascending Women and the Member or any terms and conditions that may be specified in any communication given by Ascending Women to the Member from time to time.
Last Updated: Dec 2009
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