Terms of Use
Last Updated: Jan 02 2024.
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1. Acceptance of Terms:
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By visiting and using www.theseekingseagull.com (the “Website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the Website and incorporated herein by reference.
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The term “you” refers to anyone who uses, visits, and/or views the Website. The Seeking Seagull (“Company”, “we”, “us”, or “our”) reserves the right to amend or modify these terms and conditions at any time without notice, and by using the Website, you accept those amendments. It is your responsibility to periodically check the Website for updates.
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Your continued use of the Website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the Website if you do not wish to be bound by these Terms and Conditions.
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2. Age and International Use:
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All information and content on this Website is intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this Website. Our Website operates internationally, including in Malaysia, and we adhere to GDPR policies. However, we make no representation that the information provided on the Website, including any products and/or services, is appropriate or available for use in other locations.
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3. Privacy Policy and Disclaimer:
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Your acceptance of our Privacy Policy and Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy and Disclaimer for more information about how we handle your personal data and the limitations of liability regarding the content of our Website.
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4. Mandatory Arbitration and Governing Law:
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Any disputes arising out of or relating to your use of this Website shall be resolved through mandatory arbitration in the state of Selangor, Malaysia. This agreement is governed by the laws of Malaysia. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Selangor, Malaysia and shall bear the full cost of arbitration. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure.
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5. Intellectual Property:
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The content on the Website, including text, images, logos, and graphics, is owned by The Seeking Seagull or used with permission except those available for public domain. It is protected by copyright and other intellectual property laws or used with . You are granted a limited license to access and use this content for personal, non-commercial purposes. Commercial use, reproduction, modification, or distribution of any content without our express written consent is prohibited.
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6. User Content and Lawful Use of the Website:
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You are responsible for any content you provide (including and not limited to email and contact forms) on the Website, including its legality and intellectual property ownership. You grant us a non-exclusive right to use such content. Illegal, offensive, or harmful content, or attempts to breach website security, are strictly prohibited and may very likely lead to legal action. This also includes backdated content.
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7. Third Party Links:
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The Website may include links to third-party websites. We are not responsible for the content or practices of these websites. Your use of third-party websites is at your own risk.
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8. Use of Our Products and Services:
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We offer various digital products and services on our Website. You are granted a limited, non-transferable license to use these products and services for personal use only. Commercial use, redistribution, modification, or reproduction of our products and services without our express written consent is prohibited.
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9. Termination:
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We reserve the right to terminate or restrict your access to the Website and its content at any time, for any reason, without notice.
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10. No Refunds:
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All sales of products and services on the Website are final and non-refundable.
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11. No Warranties and Limitation of Liability:
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We provide the Website and its content on an "as is" basis without any warranties. We are not liable for any damages arising from your use of the Website.
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12. Indemnification:
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You agree to indemnify and hold harmless The Seeking Seagull and its affiliates from any claims arising from your use of the Website.
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13. Entire Agreement:
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These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and The Seeking Seagull regarding the use of the Website.
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14. Severability:
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If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder will continue in effect.
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15. Contact:
For questions about these Terms and Conditions, please contact us at contact@theseekingseagull.com.