| 1. | AGREEMENT TO ACCESS |
| By accessing this Website, the User hereby accepts without limitation or qualification, all of
these Terms and Conditions which take effect on the date which the User first access and use the
Website. The User is consenting to be bound by and is becoming a party to this agreement. If these
Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
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| 2. | DEFINITIONS & INTERPRETATIONS |
| "User" means the party who has agreed to subscribe to or utilize the Product/Services stated
herein and/or any person or User accessing or utilizing this Website.
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| "Product/Services" means any functions, features, service-related products or facilities
or services made available by just12shop from time to time subscribed or to be subscribed by
the User in connection with the Product/Services.
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| "Website" means the Internet address www.just12shop.com
including all the information and services made available there by JUST12SHOP which is subject to change
from time to time.
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| Unless the context otherwise requires, words denoting the singular number shall include the
plural and vice versa and words denoting natural person shall include incorporated and/or
unincorporated organization.
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| Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.
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| 3. | DISCLAIMER |
| JUST12SHOP disclaims all warranties relating to the content, information, services, products or materials
included on this Website including but not limited to, all warranties of merchantability, fitness
for a particular purposes, title, non-infringement, compatibility, security and/or accuracy. In no
event shall JUST12SHOP and its respective agents and representatives; suppliers, vendors or merchants who
have a presence on this Website be liable to the User or anyone else for any loss or injury or any
direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including
but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence
or other tortuous action, arising out of or in connection with your access, use of or your inability
to access or use this Website.
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| JUST12SHOP does not warrant that the functions contained in the material contained in this Website or any
other third party websites will be uninterrupted or error free, that defects will be corrected, or
that this Website or the server that makes it available are free of viruses or bugs or represents
the full functionality, accuracy, reliability of the materials.
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| Access to this Website is provided on an "as is" and "as available" basis. JUST12SHOP shall not be liable
for and makes no express or implied representation or warranties of any kind in relation to the
services including but not limited to: |
| availability, accessibility, timeliness and uninterrupted use of the Website; |
| sequence, accuracy, completeness, timeliness or the security of any data or information
transmitted using the Website; |
| sequence, accuracy, completeness, timeliness or the security of any data or information
provided to the User.
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| In compiling the information contain on and accessed through this Website ("Information"), JUST12SHOP
has used its best endeavors to ensure that the information is correct and at the time of
publication but takes no responsibility for any error, omission or defect therein. JUST12SHOP and its
employees, agents and consultants exclude all liability for any loss or damage (including indirect,
special or consequential loss or damage) arising from the use of, or reliance on, the Information
whether or not caused by any negligent act or omission.
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| 4. | LINKS |
| This Website may contain links to other websites including third party websites. The User acknowledge
and agree that each of those websites is governed by their respective Terms and Conditions which the
User agreed to abide by when using or accessing those websites. The terms and conditions therein
contained are enforceable directly against you on it own behalf by the respective owners of those
websites. JUST12SHOP is not responsible for the condition or content of those websites as they are not under
the control of JUST12SHOP. The link(s) from or to websites outside this Website are meant solely for the
User's convenience only and shall not be construed, expressly or impliedly, as authorization,
endorsement, sponsorship nor any partnership by JUST12SHOP for those websites or the products or services
provided therein. The User shall bear all risk in accessing these websites and in the using of the
products and services contained therein. JUST12SHOP is not responsible for any transactions the User may
perform on those websites.
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| 5. | RULES OF USE |
| This is a licensing, not a sale. JUST12SHOP continue to own the proprietary rights of the Product/Services.
JUST12SHOP hereby grant to the User who have subscribed the Products/Services a perpetual, non-exclusive,
non-transferable right to use.
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| Except as otherwise expressly permitted in another JUST12SHOP agreement to which User is a party such as
a distribution agreement, User may not: |
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| | decompile, disassemble, reverse engineer, or otherwise attempt to derive the source
code or accompanying materials (if applicable) for the Product/Services; |
| | redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
rights to the Product/Services; |
| | remove or alter any trademark, logo, copyright or other proprietary notices, legends,
symbols or labels in the Product/Services or otherwise that may contained in
this Website; |
| | publish any results of benchmark tests run on the Product/Services to a third party
without JUST12SHOP's prior written consent. |
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| PROHIBITED USE |
| For great certainty, the Product/Service is strictly prohibited to use for the following purposes: |
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| | Containing or transacting pornography & adult content (pictures, videos, DVDs,
magazines or whatsoever forms), nudity, adult subscription services or chat, web cams or
links to pornographic sites |
| | Containing any content that is obscene, defamatory or libelous in nature |
| | Discuss and spread rumor or topics of potentially sensitive subject matters, including but
not limited to political, racial, religion, social issues, contraband or crime |
| | Firearms, ammunition, high capacity magazines, air guns or whatsoever hazardous materials |
| | Fireworks or pyrotechnic devices or supplies |
| | Alcoholic beverages and/or Tobacco Products or Tobacco Substitutes (unless official
permission is obtained from local authority) |
| | Drug paraphernalia, prescription drugs, unapproved drugs |
| | Gambling transactions or sports gambling prognostication |
| | Any product or service enabling consumers to circumvent locks, programming codes or
security features, or to gain access to features or services for which they have not
expressly paid. |
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| The User further undertakes NOT to use the Website or Product/Services in a manner that may
infringe the rights or restrict the use and enjoyment of this Website by any third party,
and this includes: |
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| | conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious,
abusive or hateful, false, racial or which may harass, distress or cause inconvenience to
any person or invade another's privacy, constitutes an illegal threat or constitutes junk
mail, encourages conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any local, state, national or international law or regulation; |
| | use of material in a manner which infringes any copyright, trademark or any intellectual
property right; |
| | use of material protected by trade secret without due authorization; |
| | unauthorized access or use of data or systems; |
| | using or attaching any viruses which could damage, interfere, intercept or expropriate any
system; or interfering with the service of any User, host or network; |
| | circumventing any user authentication or security of any host, network or account
(cracking or hacking); and |
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| JUST12SHOP reserves the right to investigate potential abuses of the Rules of Acceptable Use and
JUST12SHOP will fully co-operate with investigations of suspected criminal violations, violations
of system or network under the leadership of law enforcement or relevant authorities. JUST12SHOP
further reserves the right to suspend or terminate the User's right to access this Website
if is discovered that you have provided us with false or misleading registration or other
information or violated or attempted to violate any term of the Rules of Use.
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| 6. | INDEMNIFICATION & REMEDIES |
| The User agrees to indemnify or keep JUST12SHOP indemnified and hold JUST12SHOP harmless against all
claims or liability asserted against JUST12SHOP arising out of or in connection with any breach
by the User or anyone acting on his behalf of any of the terms of this Agreement.
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| JUST12SHOP shall not be liable and responsible for any act conducted by the User in the use of
materials which infringe any copyright, trademark or any intellectual property right, or
pornography & adult content or whatsoever breach stated above. The User shall be solely
liable for any prohibited act that he had committed. JUST12SHOP reserves the rights to claim
indemnity and compensation from the User in connection with any loss, interruption, damage,
proceeding, court action, or any other pecuniary as well as reputation and goodwill losses
arising from the Users default.
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| JUST12SHOP's entire liability and the User's exclusive remedy, with respect to any claim arising
out of the User's use of the Product/Services shall be:- |
| Corrective action and technical assistance or guidance provided by JUST12SHOP; or |
| Refund the fee paid in respect of the subscription, provided JUST12SHOP determines in its sole
and absolute discretion that the foregoing remedy is unavailable or unsuccessful
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| JUST12SHOP shall not be liable for any failure to perform its obligations herein caused by an
act of God, insurrection or civil disorder, military operations or terrorism, all
emergencies, acts or omission of Government or any competent authority, industrial disputes
of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for
whom JUST12SHOP has no control over or any cause outside JUST12SHOP reasonable control.
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| 7. | TERMINATION AND SUSPENSION |
| Without prejudice to any other rights, JUST12SHOP may terminate or suspend this Agreement if
User breaches any of its terms and conditions. Upon termination, User shall destroy all
copies of the Product/Services. Termination does not relieve the User of his responsibilities
to pay any amounts due to JUST12SHOP under this Agreement.
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| 8. | PROPRIETARY RIGHTS |
| This Website, Products/Services and its contents including but not limited to text,
graphics, images, logos, button icons, audio clips, and software
are owned or controlled for these purposes by JUST12SHOP or its content suppliers and are protected by
copyright, trade marks and other laws . You may view this Website and its contents
using your web browser and save an electronic copy, or print out a copy, of parts of this Website
solely for your own information.
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| Except as provided in the foregoing, JUST12SHOP does not grant the User or any person any right to
use, reproduce, copy, modify, transmit (including broadcast), display, publish, sell, license,
create derivative works, publicly perform, or distribute by any means, method, or process
whatsoever, now known or hereafter developed, any of the content of this Website on or
transmitted through this Website, including without limitation by transferring, downloading or
otherwise copying any content onto any disk drive or other storage medium. Any use of the
content of this Website, except as specifically permitted in these terms and conditions or as
otherwise expressly permitted in the content or in writing signed by JUST12SHOP, is strictly
prohibited.
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| 9. | MODIFICATIONS OF TERMS AND CONDITIONS |
| JUST12SHOP reserves the right to amend, modify or vary at any time without any prior notice to the User,
the terms and conditions herein contained and the User shall be bound to observe and comply with
any such variation, addition or amendment. Notice of such changes may be given to the User and/or
up-dated in this Website but the changes shall take effect from the date the changes were made.
The User is responsible for reviewing regularly information posted online to obtain timely notice
of such changes. The User shall be deemed to be apprised of and be bound by any modification by
JUST12SHOP to these Terms and Conditions. The User's continued use of the Website following the postings
of any amendments, modifications or verifications to these Terms and Conditions constitutes
acceptance of those changes.
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| The User agrees that JUST12SHOP shall not be liable to the User or to any other party for such changes,
modification or amendment of this Website.
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| 10. | CONFIDENTIAL INFORMATION |
| JUST12SHOP shall not be responsible in assuring confidentiality of information and materials transmitted
via this Website. It is recommended that the Product/Services shall not be used for the
transmission of confidential information. Any transmission of confidential information via
this Website shall be at the User's own risk and JUST12SHOP shall not be held liable in connection
therewith. However, JUST12SHOP reserves the right at all times to disclose any information as may
be deemed necessary at any time without the User's prior consent, to satisfy any applicable
law, regulation, legal process or governmental request or to edit, refuse to post or to remove
any information or materials, in whole or in part.
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| 11. | PASSWORD CONFIDENTIALITY |
| If the User uses this Website, the User will be required to enter his password every time he
accesses this Website. The User is responsible for maintaining the confidentiality of the User's
password and/or user authentication for restricting access to the User's computer, and the User
agrees to accept responsibility and liabilities for all activities that occur under the User's
password and/or user authentication. The User undertakes to observe all security measures
prescribed by JUST12SHOP concerning his password or generally in respect of the use of this Website.
Should the User have any reason to believe that his password has been misused and/or compromised
whether by theft, fraud or otherwise, the User shall inform JUST12SHOP immediately after he becoming
aware of the same.
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| JUST12SHOP shall not be liable for any loss or damage which the User and/or any third party may
suffer as a result of instructions or transactions transmitted via this Website after
successful usage of the User's password whether or not such usage was authorized by the
User.
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| The User shall keep JUST12SHOP fully indemnified against all loss or damage which JUST12SHOP suffers or may
suffer in connection whether directly or indirectly to usage of his password whether by
himself or any third party, authorized or otherwise.
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| JUST12SHOP reserves the right to invalidate or suspend the User's password at any time without being
obliged to offer the User any explanation or prior notice. JUST12SHOP shall not be liable for any
loss or damage which the User may suffer as a result of such invalidation and/or
suspension.
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| JUST12SHOP reserves the right to discontinue the password accessing system with respect to this
Website at any time, without prior notice. JUST12SHOP shall not be liable for any loss or damage
which the User may suffer as a result of such discontinuation.
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| 12. | GOVERNING LAW |
| This Website is governed by the laws . The User hereby consent to the exclusive
jurisdiction and venue of the courts in all disputes arising out of or relating
to the use of this Website. Use of this Website is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and including without limitation this
paragraph.
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| If any part of this Website is determined to be invalid pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision, or severed and deleted from
these provisions if no such modification is possible, and the remainder of this Agreement shall
survive, remain in full force and effect and continue to be binding and enforceable.
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| JUST12SHOP makes no representations that the content of this Website complies with any laws abroad.
JUST12SHOP bears no responsibility for the access of this Website from abroad.
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| 13. | MISCELLANEOUS |
| The User agrees that this Website shall only be used for lawful purposes.
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| If the User is dissatisfied with this Website or the Terms and Conditions, rules, policies,
guidelines or practices of JUST12SHOP in operating this Website, the User's sole and exclusive
remedy is to discontinue using this Website.
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| In the event of any conflict between the Terms and Conditions herein contained and the rules
and/or specific terms appearing on this Website relating to the specific material, the latter
shall prevail.
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| No delay by JUST12SHOP in enforcing any term or condition of this Agreement nor the granting of time
by JUST12SHOP to the User shall prejudice the rights or powers of JUST12SHOP nor shall any waiver by JUST12SHOP
of any breach constitute a continuing waiver in respect of any subsequent or continuing
breach.
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| The controlling language of this Agreement is English. If User has received a translation
into another language, it has been provided for User's convenience only.
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| These Terms and Conditions shall be governed by and construed in accordance with the laws without reference to any principle of conflict of laws. Disputes arising out of or
related to this Website shall be exclusively subject to the jurisdiction of the courts .
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