The following terms and conditions constitute an agreement between you and Lemonjar Software Media Sdn Bhd (“Lemonjar”, “we”, “us”, or “our”), the operator of the online platform, website, mobile site and/or mobile application known as “Wonderbuuk” (“Platform”). By accessing, browsing and/or navigating through the Platform or by ticking on the checkbox, you agree to be bound by the following terms and conditions, including without limitation the Policies (hereinafter defined) (“Terms of Use”).
In these Terms of Use where the context so admits the following expressions shall have the meaning designated below unless otherwise stated:
| “Account” | means your account opened with Wonderbuuk in connection with your use of the Platform; | ||||
| “Book” | means the books (physical form/hard copy) offered on Wonderbuuk for sale. For the avoidance of doubt, E-book is excluded from this definition; | ||||
| “Content” | means design, text, data, graphics, video clips, photographs, files, audio, images, user interface, visual interface, information and/or other materials in any form; | ||||
| “E-book” | means the text, graphics, images, data and information contained in the materials and work published electronically by the Seller, including the Seller’s logo, title of the work, book or publication, which, upon your purchase, will be made available to you electronically subject to these Terms of Use; | ||||
| “Fees” | means the fees payable by you: (a) in respect of the purchase of the E-book, for the right to read or loan the E-book electronically through the Platform; (b) in respect of the purchase of the Book, for the purchase and delivery of the physical Book, subject always to the terms and conditions contained herein; (c) and all other fees published on the Platform which may be payable by you, all such fees are published on the Platform and may be updated from time to time. For the avoidance of doubt, you acknowledge that in respect of the E-book and Book which the Seller is not Lemonjar, part of the Fees will be retained by Lemonjar for the Wonderbuuk Services (as hereinafter defined) and part of the Fees will be paid to the third party Seller as agreed between Lemonjar and the third party Seller; | ||||
| “Policies” | means the rules, information and/or policies published by Lemonjar on the Platform in connection with these Terms of Use from time to time; | ||||
| “Reader Generated Content” | means any Content (such as reviews or comments in relation to the E-book or Book) provided or posted by you or any other third party users (as the case may be) through or on the Platform; | ||||
| “Registration/Account Details” | means identification in respect of the Account (including without limitation your Account’s username and password, your name, contact details, and/or other details contained in the Account); | ||||
| “reader”, “you” or “your” | means you, as a user of the Platform, a buyer, purchaser or reader (as the case may be) of the E-book and/or the Book; and | ||||
| “Seller” |
means:
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| 2.1 | The Platform is an online platform which allows you to: (a) search multiple categories of E-book and purchase or loan any E-book, by way of granting you the right to read the E-Book, published and offered by local and/or foreign Sellers on or through the Platform; and (b) search multiple categories of Book and purchase any Book published and offered by local and/or foreign Sellers on or through the Platform. The words “purchase” or “loan” (or in their respective other grammatical forms) in respect of the E-book shall mean the grant of the right to read the E-book to you subject to the terms and conditions herein (including without limitation the Policies). You acknowledge that the arrangement and features of the Platform may differ depending on the type of the Platform and methods you use to access the Platform. Certain features available on a type of Platform may not be available on another type of Platform (for example, off-line reading may only be made available via a type of the Platform). |
| 2.2 | Unless otherwise indicated on the Platform, you acknowledge that the E-book and the Book are directly sold you by the relevant third party Seller as indicated on the Platform and Lemonjar is a mere facilitator. The relevant third party Seller shall be referred to as the “Third Party Seller” and the relevant third party transaction between you and the third party Seller shall be referred to as “Third Party Contracts”. |
| 2.3 | All Third Party Contracts are strictly made by and between you and the Third Party Seller to the full and absolute exclusion of Lemonjar, save that Lemonjar will be a mere facilitator in facilitating the Third Party Contracts through and limited to the services made available, and to be performed, by Lemonjar on the Platform which may comprise the following: (a) enabling you to search, browse and purchase Book and/or E-book made available and offered on the Platform; (b) making available the purchased E-book as and to the extent made available by the Third Party Seller for you to access and read subject to these Terms of Use via the Platform; (c) facilitate payment of the Fees through third party payment gateway providers; and (d) in very limited cases and where indicated on the Platform or notified by Lemonjar to be the responsibility of Lemonjar, to arrange the delivery of the Book to you, collectively “Wonderbuuk Services”. Notwithstanding the foregoing and as a condition of you using the Platform, you agree to observe and comply with all the terms and conditions contained herein, including without limitation any obligations contained herein which are applicable to you as a buyer or purchaser of the E-book and/or Book. |
| 2.5 | Notwithstanding anything contained herein, you acknowledge that Lemonjar is not the author, is not the intellectual property owner and is not in any way involved in the writing or initial publishing of the E-book and/or the Book, and Lemonjar shall not be liable to you in any manner whatsoever in relation to the Content of the E-book and/or the Book to the maximum extent permitted by applicable laws. If you have any feedback or complaints in relation to the Content of the E-book and/or Book, you may contact the initial publisher or the intellectual property right owner of the E-book and/or Book directly (as may be stated in the E-book and/or Book). You acknowledge and agree that your access and/or use of the E-book and the Book shall, at all times, subject to the rights granted, and other terms and conditions as imposed, by the initial publisher or the intellectual property right owner of the E-book and/or the Book as stated on the Book, E-book and/or the Platform and you agree to comply with all such terms and conditions. In the event of any dispute between you and the third party Seller or the initial publisher or the intellectual property right owner of the E-book and/or the Book, you must resolve such dispute directly with the relevant third party. |
| 2.6 | The use of the Platform shall be subject to the Policies as may be developed and imposed on you by us from time to time. Except as otherwise expressly prohibited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such updated Policies published by us on the Platform and/or notified to you from time to time. |
| 2.7 | The use of the Platform may also be subject to such programmes as may be published on the Platform from time to time. Such programmes shall be subject to the terms and conditions as may be imposed by Lemonjar. Lemonjar shall be entitled to remove such programmes or amend any terms and conditions in relation to such programmes any time with or without notice. |
| 3.1 | You are entitled to freely browse a list of the E-book and/or Book offered on the Platform without creating an Account however, you will be required to create an Account if you wish to purchase, loan and/or read the E-book and/or purchase the Book. For this purpose, you will be required to register and hereby authorize the use and disclosure of your information for purposes of allowing us to facilitate the creation of your Account and profile in the Platform and as necessary in relation to your use of the Platform. |
| 3.2 | You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform. By creating an Account on the Platform, you agree to be bound by the Policies and you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice published on the Platform. You shall ensure that all the relevant information made available to us are and remain true and accurate at each point of purchase. |
| 3.3 | In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice published on the Platform. |
| 3.4 | You shall be solely responsible for keeping the username, password and other Registration/Account Details confidential and secured at all times and shall immediately notify Lemonjar of any unauthorised access to your Account (you may email assistant@wonderbuuk.com or call our helpline). Unless expressly agreed by Lemonjar, each person is limited to one Account. No Account may be created on behalf of or in order to impersonate another person. Your Account is for your personal use only and you shall not commercialise your Account in any manner whatsoever. Should Lemonjar discover any fraudulent or fake Account or misuse of any Account, Lemonjar may suspend or delete such Account and reserves the right to take any further action. |
| 3.5 | You must be 18 years of age or over to register with us. If you do not qualify under these Terms of Use, do not register or create an Account. By creating an Account, you represent and warrant that you are competent and have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. |
Some E-book, Book and/or Reader Generated Contents that are accessible on or through the Platform may not be suitable or appropriate for children under the age of 18. For this reason, parents or guardians who wish to allow their children to access the Platform should carefully supervise their children's access to and use of the E-book, Book, Reader Generated Content and/or Platform and determine whether or not the E-book, Book and/or Reader Generated Contents are appropriate for their children.
| 5.1 | As a user, you may browse an excerpt or brief description of the E-book or Book offered through the Platform. If you come across any E-book or Book which are of interest to you but do not intend to purchase the E-book or Book immediately, you may add the E-books or Book to your wishlist under your Account, where available. In addition, if you are interested in a particular Seller, you may also bookmark a Seller on the Platform in order to be notified whenever the bookmarked Seller publishes an E-book or Book on the Platform, where available. | ||||
| 5.2 | Where you have decided to purchase or loan the E-book or purchase the Book, you can click on “Add to Cart” or similar function button to place the E-book or Book into your virtual shopping cart. To complete the purchase or loan transaction, you shall pay the applicable Fees via the payment gateway available on the Platform. You acknowledge that the payment gateway is operated by third party service provider and will be subject to the third party payment terms. You agree to be bound by all such third party payment terms in using the payment gateway. | ||||
| 5.3 | By using the Platform, you agree to pay the Fees as presented on the Platform and set by the Seller for the loan or purchase of the E-book and/or Book. You will have an opportunity to confirm the applicable Fees prior to payment. Lemonjar and/or the Seller may change the Fees from time to time and such changes will be updated on the Platform. Unless otherwise stated, all Fees are quoted in Ringgit Malaysia. You are responsible for paying all Fees and applicable taxes (in addition to the Fees) associated with the purchase or loan of the E-book and/or Book. | ||||
| 5.4 |
Once the payment is successful,
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Claims
| 5.5 |
You may report or initiate a complaint or claim against the Seller by clicking on “Request for Claim” (or other similar tab) in the “Transaction History” tab (or other similar tab) of your Account in the following circumstances (“Claim”):
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| 5.6 | The Claim arising under Clause 5.5 must be made in accordance with the Claims Policy. | ||||||
| 5.7 | If a Claim is successful: (a) the E-book which you purchased or loaned will be accessible again through the Platform under the “E-book Claim” or similar tab; or (b) the E-Book or the Book may be replaced/refunded, subject to the applicable Policies to the maximum extent permitted by applicable laws. |
Refund
| 5.8 | Any refund in relation to the E-book or the Book will be dealt with in accordance with the Refund Policy and the Third Party Seller’s refund policy (if applicable as notified to you through the Platform). |
| 6.1 |
We do not:
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| 7.1 | You acknowledge that the E-book, the Book, the Reader Generated Content and most of the Content that is published or made available through the Platform is to the best of our knowledge and/or based on the information provided to us by third parties and do not constitute an opinion, statement, representation, recommendation and/or advice by us. | ||||
| 7.2 |
To the maximum extent permitted by applicable laws, you are solely responsible to:
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| 7.3 | The timeliness, accuracy and completeness of any or all of the E-book, the Book, the Reader Generated Content and other Content available in or through the Platform are not guaranteed to the maximum extent permitted by applicable laws. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such E-book, Book, the Reader Content and/or other Content available in or through the Platform. | ||||
| 7.4 | In the event any third party Content (including without limitation the E-book, the Book and/or the Reader Generated Content) infringes any intellectual property rights of any person, the relevant third party (for example, the creator, author, initial publisher (in the context of E-book or the Book) or the intellectual property right owner of such Third Party Content) shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement and we hereby disclaim liability in respect of the infringement to the maximum extent permitted by applicable laws. If there is any alleged infringement claim or you have any complaints in relation to any third party Content, you may send us an email at responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at enquiry@wonderbuuk.com / coo@wonderbuuk.com and we will use commercially reasonable endeavour in assisting you with such claim or complaints. |
| 8.1 | Where permitted or such feature is made available on the Platform, you may submit your own Content or comments on the E-book or Book through the Platform or participate in the other interactive and community features of the Platform. It is important that you act responsibly when providing any Reader Generated Content to us and you shall at all times comply with these Terms of Use, including the section below on Reader Obligations. |
| 8.2 | By posting or submitting the Reader Generated Content through the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us, our related corporations, subsidiaries, affiliates and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and/or distribute such Reader Generated Content. We reserve the right to investigate and take appropriate legal action against anyone who breaches any provisions contained herein, including without limitation, removing any offending Content from the Platform and terminating the Account of such violator or blocking such violator’s use of the Platform. |
| 9.1 |
We may (but shall be under no obligation to) investigate if you misuse the Platform, breach any of these terms of Use or behave in a way, which we regard as inappropriate, unlawful or illegal. For the purpose of this Clause, “Platform and Platform Contents” refers to the Platform and/or any Content made available or published through the Platform by Lemonjar or any third party (or any part thereof), including without limitation the materials in relation to the Book and the E-book.
Save as otherwise expressly permitted by Lemonjar in writing or with Lemonjar’s written consent, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
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| 9.2 |
Without prejudice to other rights we may have under these Terms of Use or in law:
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| 9.3 |
You shall:
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| 10.1 | All intellectual property rights subsisting in the Book, the E-book and the Reader Generated Content are owned by the respective owners, and Lemonjar does not own any such intellectual property rights. The publication or displaying of the E-book, the Book and the Reader Generated Content in or on the Platform does not, in any way, transfer the ownership of any intellectual property rights subsisting therein to us. Your purchase of the E-book and/or the Book does not transfer the ownership of any intellectual property rights subsisting in the E-book and/or the Book to you. | ||||||||||
| 10.2 |
The Platform (including without limitation its underlying software or technology) and the Content created and developed by us which is published by us on the Platform shall belong absolutely to us (and/or our third party licensor, service provider, affiliates and/or contractor), including without limitation all intellectual property rights subsisting therein (“Wonderbuuk Properties”). You acknowledge that the Platform and its underlying software or technology are proprietary to us and are protected by applicable intellectual property rights laws. Any use of Wonderbuuk Properties shall be subject to our approval and instructions and these Terms of Use. For the avoidance of doubt, any and each use of our logos, marks, trade names and/or business names (“Wonderbuuk Marks”) shall be subject to our prior written consent, instruction and any conditions as we may impose. Without in any way
limiting the generality of the foregoing, where you have procured our written consent in relation to the use of Wonderbuuk Marks, you shall comply with the following:
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| 10.3 | You are permitted to use the Wonderbuuk Properties to the extent made available to you only for personal, non-commercial purposes as reasonably contemplated herein in accordance with and subject always to the Terms of Use contained herein. |
We may place advertisements in different locations on the Platform and at different points during your use of the Platform. You acknowledge and accept that the advertisements may relate to third party’s products and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements of third party products and/or services.
| 12.1 | Generally, cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a platform and allow a platform to recognize your device. The Platform uses cookies to distinguish you from other users of the Platform. Cookies do a lot of different jobs, such as letting you navigate between pages efficiently, remembering your preferences and generally improving the user experience. This helps us to identify your preferences when you browse the Platform to provide you with a better browsing experience and also allows us to improve the Platform. We process your cookies for the purpose of these Terms and Conditions and, where applicable, in accordance with our Personal Data Protection Notice. |
| 12.2 | Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which Lemonjar has no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Lemonjar recommends that you check the relevant third party's privacy policies for information about any cookies which may be used. |
| 12.3 | You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts the Platform. |
| 13.1 | In some cases you may be redirected to the third party Seller’s website/platform or the Platform may contain links to other websites/platform that do not belong to or are not operated and maintained by us (“Linked Websites/Platform”). Such links are provided for convenience only. We do not endorse and are not responsible for the Content or privacy practices contained in or associated with the Linked Websites/Platform. Please visit and refer to the Linked Websites/Platform for more information about the Content or privacy practices contained in or associated with the Linked Websites/Platform. |
| 13.2 | The Linked Websites/Platform should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites/Platform, or of any Content, products or services referred to or contained on those Linked Websites/Platform, unless and to the extent stipulated to the contrary. |
| 14.1 | We will: (a) use commercially reasonable endeavour to procure the Third Party Sellers to comply with and be subject to the relevant Policies; and (b) perform the Wonderbuuk Services with reasonable skill and care. | ||||||
| 14.2 | To the maximum extent permitted by applicable laws, the Platform, the Wonderbuuk Services, and the Content made available or provided by Lemonjar through the Platform are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind, and Lemonjar hereby disclaims all warranties and conditions, either express, implied or statutory, with respect to the Platform, the Wonderbuuk Services, and the Content made available or provided through the Platform (including, but not limited to any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness and non-infringement of third party rights) save and except for the express warranties and conditions stated in these Terms of Use and any implied warranties which cannot be contracted out by applicable laws. | ||||||
| 14.3 |
Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by applicable laws:
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| 14.3 | You acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of communications networks and facilities and we shall not be responsible to you for the transfer of data over communications networks and facilities, including the internet, which is beyond our reasonable control. In this regard and to the maximum extent permitted by applicable laws, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information to the extent within our reasonable control and within our processing environment having regard to our statutory obligations under applicable laws. For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your Account or suspend the access to your Account where appropriate or necessary to protect your information or interest or the interest of any affected party and we shall not be liable whatsoever for any loss arising from such removal or suspension. Save as otherwise stated herein, you acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform to the maximum extent permitted by applicable laws. |
| 15.1 | To the maximum extent permitted by applicable laws, in no event shall we be liable to you for any indirect, special, incidental, consequential and/or exemplary damages and/or losses and/or loss of profits, income, data and/or goodwill howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we had been advised of the possibility of you incurring the same. |
| 15.2 | Notwithstanding anything contained in these Terms of Use and to the maximum extent permitted by applicable laws, Lemonjar’s maximum and cumulative total liability (including without limitation any liability for acts and/or omissions of its representatives) in respect of any and all claims, breach, compensation, indemnity, misrepresentation and any other damages and/or losses howsoever arising under these Terms of Use shall not exceed RM100 or the total Fees paid by you to us, whichever is the greater. |
You agree to indemnify and hold harmless Lemonjar from and against any and all claims, actions, suits, proceedings, losses, costs (including legal fees on a solicitor-client basis), demands, damages, fines, penalties, liability and/or expenses made against, suffered, or incurred by Lemonjar arising out of or in connection with any failure, violation, breach, misconduct, default, non-observance, non-compliance, misrepresentation, non-performance, neglect, negligence and/or omission (whether in tort, contract or otherwise) by you or on your part and/or by or on the part of any other person for whose acts or omissions you are responsible or liable (vicariously or otherwise) in connection with these Terms of Use regardless of whether or not legal proceedings have been instituted and irrespective of the means, manner or nature of any settlement.
| 17.1 | Without limiting the generality of any other provisions contained herein, we may block, suspend and/or terminate your Account or your use of the Platform and/or Wonderbuuk Services immediately if you are found to be in breach of any of these Terms of Use. We shall not be liable to you or any third party for such suspension and/or termination. You shall not use, or attempt to use, the Platform and/or Wonderbuuk Services after any such suspension and/or termination unless otherwise agreed by us. | ||||||||||||||
| 17.2 | We reserve the right to discontinue the Platform for convenience. In such event, we will provide you with reasonable advance notice. | ||||||||||||||
| 17.3 | You may modify or terminate/delete your Account through your user account settings. | ||||||||||||||
| 17.4 |
You acknowledge and agree that upon termination/deletion of your Account by you, discontinuance of the
Platform by us, or termination/deletion of your Account or these Terms of Use with you by us in accordance with the terms hereof:
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| 18.1 |
Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Use,
if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
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It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform during maintenance.
| 20.1 | Amendments to These Terms of Use | ||||||||||||
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Lemonjar shall have the right at any time to add, delete, amend, or modify these Terms of Use, or any part thereof, or to impose new conditions. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on or notifying you through the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use or continued use of the Platform by you after the issuance of such notice shall be deemed to constitute acceptance of these Terms of Use with such addition, deletion, amendment, or modification. If you do not agree with any of the these Terms of Use, you shall immediately notify us and cease using the Platform.
No addition, deletion, amendment, or modification of these Terms of Use by you shall be valid and binding unless approved in writing by us.
You acknowledge that the features and functionalities of the Platform may be changed from time to time by Lemonjar. Lemonjar shall be entitled to amend the features and functionalities of the Platform provided that such amendment does not substantially and adversely affect your access to the purchased E-Book. |
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| 20.2 | Severability | ||||||||||||
| Any provision contained in these Terms of Use which is illegal, invalid or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the provision is legal, valid and enforceable provision which most closely reflects the original provision. Subject to the foregoing or if the foregoing is not possible, any provision which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining provisions contained in these Terms of Use (such remaining provisions shall remain in full force and effect). | |||||||||||||
| 20.3 | Governing Law | ||||||||||||
| These Terms of Use shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto. | |||||||||||||
| 20.4 | Non-waiver | ||||||||||||
| No failure or delay on the part of a party in exercising any rights or remedies under these Terms of Use at any time or for any period of time shall operate as or be deemed to be a waiver thereof or otherwise diminish or affect the party’s other rights and remedies under these Terms of Use. Any knowledge or acquiescence by a party of, or in, any breach of any provision of these Terms of Use shall not operate as or be deemed to be a waiver. No single or partial exercise of any rights or remedies by a party shall affect the other rights or remedies the party may have under these Terms of Use. A waiver by a party of any breach shall not constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under these Terms of Use may not be waived except in writing signed by the party so waiving. | |||||||||||||
| 20.5 | Entire Agreement | ||||||||||||
| These Terms of Use constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the parties in relation to the subject matter hereof. | |||||||||||||
| 20.6 | Headings | ||||||||||||
| Headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of These Terms of Use. | |||||||||||||
| 20.7 | Non-assignment | ||||||||||||
| You shall not, without the prior written consent of Lemonjar, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights and/or obligations under these Terms of Use. Lemonjar shall be entitled to assign, novate and/or sub-contract any of its rights and/or obligations under these Terms of Use to its affiliates or any third party. | |||||||||||||
| 20.8 | Notice | ||||||||||||
| Except as otherwise agreed or provided herein, all notices and other communications to be given to any party pursuant to these Terms of Use shall be in writing and shall be valid and sufficient if dispatched or sent in the following manner: | |||||||||||||
| If by Lemonjar to you | |||||||||||||
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| If by you to Lemonjar | |||||||||||||
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| Notices shall be deemed to have been served: (a) if delivered personally, the next business day after it has been delivered; (b) if sent by registered mail or courier, three (3) business days after dispatch; (c) if sent by e-mail, upon successful delivery of the email and recorded as a sent email; (d) if sent by way of posting, publishing or sending a notification, on or through the relevant Platform or by SMS, immediately upon it being successfully posted, published or sent. If deemed service is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), such notice is deemed to have been served or received when business next starts in the place of receipt. Notwithstanding anything to the contrary in this clause, notification by way of email and SMS shall not be applicable to or valid with respect to any legal notices, claims, demands, suits, actions and/or proceedings unless otherwise permitted by laws. | |||||||||||||
| 20.9 | Interpretations | ||||||||||||
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