1. Introduction
1.1 For the purposes of this General Terms & Conditions (“General Terms & Conditions”), the
operator of https://ckmama.com and CK Mama
App, its subsidiaries and / or affiliates shall
collectively be referred to as “CK Mama”, “we”, “us” or “our”.
Your access to
https://ckmama.com (“the Website” or
“the Platform”) is subject to the following general
terms and conditions as well as all applicable laws, rules, regulations, codes, guidelines
and/or policies.
1.2 By accessing and using the Website, you accept and agree to this General Terms &
Conditions without limitation or qualification and acknowledge that any other agreements you
may have with CK Mama are superseded by this General Terms & Conditions, to the extent if
any conflict exists.
1.3 CK Mama may at any time revise this General Terms & Conditions by updating this posting.
You are bound by such revisions and should therefore visit this page regularly to review the
current General Terms & Conditions from time to time.
1.4 CK Mama reserve the right, without notice and for any reason, to remove any content on
this Website and to deny access of any user or users to all or any part of this Website.
2. Usage of the Website
2.1 We make various services available on this Website including, but not limited to, be a
platform that provides place and opportunity for the provisions of services by the
confinement lady to the customer and other services related to confinement. You are
responsible for providing, at your own expense, all equipment necessary to use the services,
if any, including a computer, modem, and Internet access (including payment of all fees and
service charges associated with such access).
2.2 Unless otherwise specifically indicated, you may download material displayed on the
Website for personal, non-commercial use only and you may not distribute, modify, transmit,
use or reuse any of the contents of the Website for any public or commercial purpose without
the written consent of CK Mama or any third-party duly authorised by CK Mama. You must
retain all copyright and other proprietary notices on downloaded and/or copied material from
the Website. Any copy of material from the Website you make and distribute for any purpose
must also include this General Terms & Conditions.
2.3 You may not access or use the Website in any way that could or is intended to damage or
impair the Website and/or CK Mama, or any server or network underlying the Website, or
interfere with the usage of the Website by other persons.
2.4 Your use of the Website is subject to all applicable laws and regulations, and you are
solely responsible for the substance of your communications through the Website. By posting
information in or otherwise using any communications service, chat room, message board,
newsgroup, software library, or other interactive service that may be available to you on or
through this Website, you agree that you will not upload, share, post, or otherwise
distribute or facilitate distribution of any content including text, communications,
software, images, sounds, data, or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or group of individuals), or
otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to any data or
other information of any third-party; or
f. impersonates any person or entity, including any of our employees or representatives.
2.5 We neither endorse nor assume any liability for the contents of any material uploaded or
submitted by third-party users of this Website. We generally do not pre-screen, monitor, or
edit the content posted by users of communications services, chat rooms, message boards,
newsgroups, software libraries, or other interactive services that may be available on or
through this Website. However, we have the right at our sole discretion to remove any
content that, in our judgment, does not comply with this General Terms & Conditions and any
other rules of user conduct for our Website, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in removing such content. You
hereby consent to such removal and waive any claim against us arising out of such removal of
content.
2.6 By accessing this Website, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or server. Not all areas
of the Website may be available to you or other authorized users of the Website. You shall
not interfere with anyone else's use and enjoyment of the Website or other similar services.
Users who violate systems or network security may incur criminal or civil liability.
2.7 You acknowledge, agree and accept that we may at any time, and at our sole discretion,
terminate your membership, account, or other affiliation with our Website without prior
notice to you for violating any of the material terms and conditions as stated herein. In
addition, you acknowledge that we will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
3. Copyrights and Other Rights
3.1 You should assume that everything on the Website is copyrighted and/or trademarked
unless otherwise noted, and that it must not be used except as provided in this General
Terms & Conditions or with the express written consent of CK Mama or any third-party duly
authorised by CK Mama. CK Mama neither warrants or represents that your usage of the
material displayed on the Website will not infringe the rights of any third-party(ies). Any
information, analysis, write up, product, service, program or technology described on the
Website may be the subject of other intellectual property rights (including but not limited
to copyright, trademark or patent rights) owned by CK Mama. Any such right that is not
expressly licensed herein is reserved by CK Mama.
3.2 Images of people or places displayed on the Website are either the property of, or used
with permission by CK Mama. Use of these images by you or any other third-party(ies) is
strictly prohibited unless expressly permitted in this General Terms & Conditions or
elsewhere on this Website. Any unauthorized use of these images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and other applicable laws, rules,
regulations, codes, guidelines and statutes.
3.3 Any product, service, program or technology described in any document published by CK
Mama on this Website may be the subject of other intellectual property rights owned by CK
Mama. Any such right that is not expressly licensed hereunder is reserved by CK Mama.
3.4 Apart from your personal information (which is addressed in the Privacy Notice), any
information, communication or material you send to this Website, electronically or
otherwise, including but not limited to data, questions, comments, suggestions or
submissions is and will be treated as non-confidential and non-proprietary. Anything you
send to this Website may be used by CK Mama for any purpose including but not limited to
modification, reproduction, transmission, disclosure, publication, broadcast and posting.
3.5 By submitting information and/or material to this Website, you irrevocably and
unconditionally transfer and assign to CK Mama, and forever waive and agree never to assert,
any copyrights, "moral" rights, rights of publicity or to privacy or other
intellectual-property or proprietary rights that you may have in such material. CK Mama is
free to use, without obligation of any kind, any ideas, concepts, techniques, know-how or
any other information contained in any communication you send to the Website for any purpose
whatsoever, including but not limited to developing, manufacturing, and marketing products
and services.
3.6 By using this Website, you may submit, or CK Mama may gather, certain limited
information about you and your usage of this Website. Subject to the terms of the Privacy
Notice, CK Mama is free to use such information for any purpose it deems appropriate.
4. Trademarks
4.1 The trademarks, logos and service marks (collectively known as the "Trademarks")
displayed on the Website are registered and unregistered Trademarks of CK Mama and others,
in Malaysia and/or other countries. Nothing contained on the Website should be construed as
granting by implication, estoppel or otherwise, any license or right to use any Trademark
displayed on the Website without the written permission of CK Mama or any such third-party
that may own the Trademark. Misuse of any Trademark or any other content displayed on the
Website is strictly prohibited.
5. No Warranties and Limitation of Liability
5.1 To the maximum extent permissible by applicable law, CK Mama disclaim all warranties,
express or implied, including but not limited to implied warranties of merchantability and
fitness for a particular purpose. There is no warranty that any information or service
provided or referenced by this Website is either accurate, that such information or service
will fulfil any of your particular purposes or needs, or that such information or service
does not infringe on any third-party rights. Except for any express warranties stated on
this Website, if any, the information and services provided or referenced on this Website
are provided “as is”, “as available”, and with all faults, and the entire risk as to
satisfactory quality, performance, accuracy and effort are with the user.
5.2 While CK Mama may use reasonable efforts to include accurate and up-to-date information
on the Website, CK Mama makes no warranties or representations as to its accuracy,
timeliness or completeness. CK Mama may periodically add, change or improve any of the
information, products, services, programs and technology described on the Website with
notice. CK Mama assumes no liability or responsibility for any errors or omissions in the
content of the Website.
5.3 Your use of the Website is at your own risk. To the maximum extent allowed by law,
neither CK Mama nor any other parties involved in creating, producing or delivering the
Website is liable for any direct, indirect, incidental, consequential or punitive damages,
however caused, arising out of your access to, use of, or reliance on the Website, even if
CK Mama has been advised of the possibility of such damages. For example, CK Mama assumes no
responsibility for and will not be liable for any damages to or any viruses which may affect
your computer equipment or other property on account of your access to, use of, or
downloading from, the Website.
6. Indemnity
6.1 You hereby irrevocably agree to indemnify and keep CK Mama indemnified from all
liabilities, claims, losses and expenses, including any legal fees that may be incurred by
CK Mama in connection with or arising from:
(a) Your use or misuse of this Website and the services and/or products provided herein; or
(b) Your breach of this General Terms & Conditions howsoever occasioned; or
(c) Any intellectual property right or proprietary right infringement claim by a third party
against CK Mama with your usage of this Website.
6.2 You understand and agree that temporary interruptions of the services available through
this Website may occur as normal events. You further understand and agree that we have no
control over third-party networks you may access in the course of the use of this Website,
and therefore, delays and disruption of other network transmissions are completely beyond
our control.
7. Security and Password
7.1 You are solely responsible for maintaining the confidentiality of your password and
account and for any and all statements made and acts or omissions that occur through the use
of your password and account. Therefore, you must take steps to ensure that others do not
gain access to your password and account. Our personnel will never ask you for your
password. You may not transfer or share your account with anyone, and we reserve the right
to immediately terminate your account if you do transfer or share your account.
8. Termination of Use
8.1 You agree that we may, in our sole discretion, terminate or suspend your access to all
or part of the Website with or without notice and for any reason whatsoever, including,
without limitation, breach of this General Terms & Conditions. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities.
8.2 Upon termination or suspension, regardless of the reasons therefore, your right to use
the services available on this Website immediately ceases, and you acknowledge and agree
that we may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this Website. We shall
not be liable to you or any third party for any claims or damages arising out of any
termination or suspension or any other actions taken by us in connection with such
termination or suspension.
9. Other Agreements
9.1 Your usage of the Website, or certain features or information provided through the
Website, may be subject to additional agreements apart from this General Terms & Conditions.
9.2 Most of the information on the Website applies internationally, but a significant amount
of information applies only to certain countries or regions. Although CK Mama tries to mark
all country and region-specific information with a country indication, it does not warrant
or represent that all information without indication applies internationally. You should
check the applicability of any information on this website to you or your organization.
9.3 CK Mama may provide you with new or additional products and/or services associated with
your usage of the Website from time to time, and these new products and/or services will be
governed by the terms and conditions herein or as amended from time to time for the
respective services.
10. Legal Information
10.1 This General Terms & Conditions will be governed by and construed under the laws of the
Malaysia. Each party accessing this Website hereby submits to the exclusive jurisdiction of
the courts of Malaysia and waives any jurisdictional, venue or inconvenient forum objections
to such courts.
10.2 Any failure by CK Mama to enforce any of its rights under this General Terms &
Conditions or applicable laws shall not constitute a waiver of such right. If any provision
of this General Terms & Conditions is found by a court of competent jurisdiction to be
invalid, you, CK Mama and the court shall endeavour to give effect to the intent reflected
in that provision and the remaining General Terms & Conditions provisions shall retain their
full force and effect.
10.3 You agree to follow any applicable laws in your usage of the Website. You will abide by
these laws and regulations as applicable and will not transfer, directly or indirectly, by
electronic transmission or otherwise, any content or software from the Website to or from
any countries or foreign nationals in violation of such laws or regulations.
10.4 Please also read over the Privacy Notice, which are part of this General Terms &
Conditions and which you shall accept before your usage of the Website.
10.5 CK Mama may amend this General Terms & Conditions from time to time by publishing a
notice of the change(s) and posting an updated version on the Website and/or by providing
you notice of amendments when you log into the Website. The change(s) shall take effect on
the date of publishing such notice and posting an updated version of this General Terms &
Conditions on the Website or when you logging on the Website, whichever is earlier.