HASTA SIEMPRE SDN. BHD Terms and Conditions
These “Terms and Conditions” are the contractual agreement between you (“you”, “your”) and HASTA SIEMPRE SDN. BHD (“HASTA SIEMPRE SDN. BHD”, “we”, “us”, “our”), residing at UNIT 8A PEARL COURT NO 61 JALAN THAMBY ABDULLAH BRICKFIELDS 50470 KUALA LUMPUR W.P. KUALA LUMPUR, MALAYSIA, reg. number: 202101026591 (1426891D), regarding your use of and access to the website located at https://www.HASTA SIEMPRE SDN. BHD.com or/and any other websites owned or operated by HASTA SIEMPRE SDN. BHD or any parts thereof (collectively, the “Website”).
HASTA SIEMPRE SDN. BHD reserves the right, at any time and in its sole discretion, to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without any notice. You agree that HASTA SIEMPRE SDN. BHD shall not be liable to you or to any third party for any claim or loss against you arising from such modification, suspension or termination of the Service.
Acceptance
Your access and use of the Site means that you have read, understood and agree to these Terms, whether or not you are a registered user of HASTA SIEMPRE SDN. BHD, and subject to your compliance with these Terms. HASTA SIEMPRE SDN. BHD reserves the right to change, add or remove any part of these Terms from time to time without liability or any notice to you, and your continued use of the Site constitutes your acceptance and agreement to any and all such changes. It is your responsibility to check the Website regularly for changes to these Terms and to become familiar with such changes. If you do not agree to be bound by these or any future Terms, please do not access or use (or continue to access and use) the Website. In addition, HASTA SIEMPRE SDN. BHD may publish additional terms, conditions, rules or requirements relating to the Website and/ or the services and features of any of them. All such terms, conditions, rules or requirements are or will be incorporated into these Terms and Conditions by reference, and you agree to be bound by and subject to them. At its sole discretion, HASTA SIEMPRE SDN. BHD may also offer other services or features governed by other terms and conditions.
HASTA SIEMPRE SDN. BHD’s Role in Transactions
HASTA SIEMPRE SDN. BHD provides a platform for merchants who comply with HASTA SIEMPRE SDN. BHD policies to offer and sell certain products. HASTA SIEMPRE SDN. BHD does not directly participate in the transaction between buyers and sellers, and any rights you may have with respect to any merchandise are thus only against the seller from whom you purchased it, not against HASTA SIEMPRE SDN. BHD. HASTA SIEMPRE SDN. BHD acts as an agent to process payments, returns, refunds, customer service and transaction adjustments between buyers and sellers, receive and withhold transaction amounts on behalf of buyers, charge buyers’ credit cards and pay sellers the amounts owed to them by buyers.
HASTA SIEMPRE SDN. BHD is financially responsible for returning payments to sellers and resolving disputes between buyers (cardholders) and sellers. Chargebacks related to purchasers and related to fraud risks are investigated by HASTA SIEMPRE SDN. BHD and payment service providers in accordance with their mutual contractual obligations.
Please feel free to contact HASTA SIEMPRE SDN. BHD Support at contact@hastasiempre.online with any questions or concerns.
Our Commission, Payments to Vendors, Obligations of Vendors
HASTA SIEMPRE SDN. BHD serves as a secure place for payments by the customers for the Products offered by vendors via website;
The customers when purchasing the Products make payment for such Products through HASTA SIEMPRE SDN. BHD automated payment system only in order to be sure that their funds are secure and will be refunded to the customers if the vendors do not deliver the purchased Products to the customers;
The funds paid are kept on HASTA SIEMPRE SDN. BHD bank accounts until the vendor confirms that the Product purchased by the customer is delivered to the customer and the customer does not have any objections regarding the quality of the Product;
If the vendor does not notify us that it has delivered the Product to the customer within the term indicated in the description of the Product or if the customer notifies us that the Product has not been delivered within the same term, we may provide the vendor with a reasonable time to deliver the Product and confirm such delivery to us. If the vendor does not notify us within the given period of time that the Product has been delivered to the customer, we have the right to refund the money paid for the Product to the customer and the vendor hereby acknowledges and confirms that such refund shall not be challenged by the vendor;
We will pay the vendors within 10-60 working days of confirmed delivery of the Products to the customers;
If the customer notifies us that the delivered Product is of unsatisfactory quality, the cancelation and refund policies shall be applied.
Joining HASTA SIEMPRE SDN. BHD as vendors and posting the Products for sale is free. We do retain proportion/commission of each sale. Such commissions are set by HASTA SIEMPRE SDN. BHD and are made available for the vendors on a regular basis either through HASTA SIEMPRE SDN. BHD, or through personal correspondence with the vendors, or by any other means of communication at the discretion of HASTA SIEMPRE SDN. BHD.
The vendors hereby acknowledge and agree that the applicable commissions may change at any time and confirm that the vendors are solely responsible to check the commissions applicable at any given moment of time.
The Products are offered to the customers at the price indicated by the vendors, subject to these Terms and Conditions and also the other requirements we set out on HASTA SIEMPRE SDN. BHD Website from time to time.
Our fees and commissions are payable on demand and may not exceed 50 percent of the cost of each specific product. The vendors irrevocably authorise us to deduct them from sums paid to us by the customer.
HASTA SIEMPRE SDN. BHD website selling system is an automated system.
If an action by the customer results in a charge back to our account, the vendor agrees that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to such vendors, at or after that time.
If the vendor or we accept any cancellation and consequently refund money to the customer, we are not obliged to repay commission to the vendors.
If in our discretion we believe that the vendors’ performance as a seller results in a significant number of charges back and / or customer disputes or if we believe any vendor is in breach of these Terms and Conditions, we are free to hold back payments to such vendors until we are satisfied that disputes have been settled and/ or breach rectified. In these cases, we are also free to terminate legal relationships with the vendors.
The vendors hereby agree that they shall:
-try their best to reply to the customer within 3 business days to any refund claims or disputes; if no response is received within 3 business days, HASTA SIEMPRE SDN. BHD will have to step in to find a solution;
-comply with any applicable consumer protection laws and regulations, relating in particular to the vendors’ obligations to provide full information and accept cancellations and refunds;
-when the vendors has an obligation to return money to the customer for any reason as envisage by the applicable legislation, such vendors shall do so if the funds have already been transferred to the vendors by HASTA SIEMPRE SDN. BHD or shall not try to hinder HASTA SIEMPRE SDN. BHD from refunding the funds to the customer if they have not yet been transferred to the vendors; the vendors hereby acknowledge and agree that HASTA SIEMPRE SDN. BHD decision on the return of the funds to the customer shall be final;
– the vendors shall provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud;
– on its own take inventory, count services and determine the amount to be paid by the customer;
– demand payments based on written requests.
Users
The Service includes a variety of information sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Service may include advertisements and that these advertisements help HASTA SIEMPRE SDN. BHD provide the Service. You also understand and agree that the Service may include certain communications from HASTA SIEMPRE SDN. BHD. When you first sign in, your preferences will be set to automatically allow you to interact with our partners and merchants from whom you purchase products. However, you will be able to change these settings at any time under Settings.
Any user IDs, names or passwords associated with your account must be kept confidential by you and must not be shared by you with anyone who is not authorized to have access to your personal information. You may have multiple accounts on HASTA SIEMPRE SDN. BHD, but HASTA SIEMPRE SDN. BHD strictly prohibits the use of multiple accounts for one single user or the use of one account for multiple users in order to receive more rewards. HASTA SIEMPRE SDN. BHD will not receive rewards from such accounts.
Unless expressly stated otherwise, any new feature or functionality that supplements or enhances the current Service, including the release of or access to new properties, is subject to these Terms.
Each user warrants and agrees that any information you post or display must:
Age Verification
By registering as a user, you certify that you are 13 years of age or older. Children under the age of 13 may not become users of HASTA SIEMPRE SDN. BHD, and parents or legal guardians may not agree to these Terms on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for the disclosure of personally identifiable information or for use of the Service, by registering as a user, you hereby certify that your registration as a user, your provision of your personally identifiable information to us, and our use of such personally identifiable information as set forth in our Privacy Policy, does not violate applicable laws or regulations of such state, province or country.
User Communication
HASTA SIEMPRE SDN. BHD has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in HASTA SIEMPRE SDN. BHD’s sole discretion. By using the Website, or the Service or communicating with HASTA SIEMPRE SDN. BHD or others by means of your access to the Website, you consent to receive communications from HASTA SIEMPRE SDN. BHD, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
Privacy
By using the Website, or Service or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy.
Proprietary Rights
The Website, content and all intellectual property rights included in or related to the Website, including but not limited to patents, copyrights, trademarks, service marks, logos, (“Content”) are owned by HASTA SIEMPRE SDN. BHD or owned by others and licensed to us. All rights, title and interest in and to the Website and such Content remain with us or our licensors. In addition, you may not remove or alter any copyright, trademark or other intellectual property or proprietary rights notices or legends contained on the Website or in the Content. You agree not to access the Service by any means other than through the interface that HASTA SIEMPRE SDN. BHD provides on the Website for accessing the Service. Your use of the Website or the Service does not grant you any right, license or permission of any kind to reproduce or use HASTA SIEMPRE SDN. BHD’s intellectual property.
The Content is provided for general information only. It does not constitute advice on which you should rely, so HASTA SIEMPRE SDN. BHD will not be held liable for any damages or harm (whether economic or non-economic). You should obtain professional or specialized advice before taking or refraining from taking any action based on the Content of our site.
While we make reasonable efforts to update the information on our site, we make no representation, warranty or assurance, express or implied, that the Content on our site is accurate, complete or current.
User feedback and content provided
HASTA SIEMPRE SDN. BHD welcomes your feedback, but if you send us or post or embed any feedback, messages or comments on the Site or through any part of the Service; your creative or original concepts or ideas; any content, data, text, photos, graphics or other materials; or any confidential, proprietary or other information (“Submission”), you represent and warrant to HASTA SIEMPRE SDN. BHD that you either own the Submission or are entitled to grant HASTA SIEMPRE SDN. BHD the license set forth below.
You agree that in using all or part of the Submission, HASTA SIEMPRE SDN. BHD is not obligated to compensate you for any such license or Submission in addition to the opportunity to use the Service provided, that any such Submission will not be considered confidential or non-public once it is delivered to HASTA SIEMPRE SDN. BHD, and that only HASTA SIEMPRE SDN. BHD has the right to decide whether or not to post or use all or any part of the Submission. In the event that all or any portion of a Submission is posted or used through the Service, you acknowledge and agree that the Submission and its contents are made publicly available and, as set forth below, may be used by others. In addition, by submitting HASTA SIEMPRE SDN. BHD Materials through the Website or otherwise, you: (a) agree not to submit any materials that in any way violate these Terms or contain Unacceptable Content as defined below; (b) automatically grant HASTA SIEMPRE SDN. BHD a perpetual, worldwide, unrestricted, irrevocable, transferable, assignable, sublicensable license to use the materials, and exercise all copyright, advertising and other rights with respect to any such materials; © in accordance with applicable law, waive any moral rights that you or your persons You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service and to use, reproduce, collect, distribute, exchange, display and perform such Submission as permitted through the Service and under these Terms.
HASTA SIEMPRE SDN. BHD reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any HASTA SIEMPRE SDN. BHD’s, employee, officer, partner or customer may result in immediate termination of your accounts.
We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them.
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Termination
HASTA SIEMPRE SDN. BHD may terminate your use of the Website and/or your registration privileges at any time for any reason, including but not limited to your violation of these Terms and Conditions or your violation of any law, including but not limited to violation of our intellectual property rights or the intellectual property rights of a third party, or violation of other applicable laws and regulations. After any such termination, HASTA SIEMPRE SDN. BHD will have no further obligation, duty or liability to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that HASTA SIEMPRE SDN. BHD terminates your rights of use, HASTA SIEMPRE SDN. BHD will in no way be estopped from exercising any and all of its additional rights and remedies, both at law and in equity, against any claims, damages, awards, costs and/or liabilities caused by any such breach or violation.
Third Party Links and Content
The Website and the Service may contain links to third-party websites that are not under our control or management. HASTA SIEMPRE SDN. BHD or users may provide such links as a convenience only; HASTA SIEMPRE SDN. BHD does not endorse and has no responsibility or control over the content of any linked site or any link contained in a linked site. The Site and may contain news, advertising, content, images and information published by various third party vendors. Use of any such third party content may be subject to such third party’s terms and conditions. You are solely responsible for protecting yourself, your device and your systems from worms, viruses, Trojan horses and any other malicious content.
You may link to our home page, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our site on any site that is not owned by you. The site on which you place a link must, in all respects, meet our content standards in effect from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to revoke permission to link without any notice at any time.
Copyright Infringement
Because we respect the rights of artists and content owners, it is HASTA SIEMPRE SDN. BHD’s policy to review notices of alleged infringement.
The electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and where it is located on HASTA SIEMPRE SDN. BHD;
Information sufficient to enable HASTA SIEMPRE SDN. BHD to contact you, such as your address, telephone number and email address;
A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Sales, Custom and Value-added taxes
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the Website you are importer of goods and must fully comply with all laws and regulations of the destination country.
How to purchase
It is easy to make a purchase from the HASTA SIEMPRE SDN. BHD website.
Choose a product, pick a variant (colour, size, bundle option)
“Add to cart”
Сhoose the quantity (the default quantity is 1)
“Buy”
“Next”
Input your personal data and shipping information
Check the data and confirm your order.
Input bank card data: card number, expiration date and CVV code (card data is encrypted and processed only by the billing system of a bank)
The merchant will receive your order information 2 hours after payment. So if you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to request a refund”, below).
Terms of Refund
You are entitled to a full refund if:
More than 75 days have passed since your purchase and the item has not been delivered. This period may be temporarily extended in individual cases. You will be notified of such an extension prior to acceptance of your order.
The quality of the product is significantly worse than the description of the product (the product is defective, damaged (unless such circumstances are specifically stated in the description) or the information stated in its description was materially incorrect) on the Site, and you cannot use the product properly.
You changed your mind about your purchase within 14 days of receiving the item and you have not used or done anything to the item that causes it to no longer sell as new. Please note that you must return each item in the same condition in which you received it. This means that new merchandise must be returned new, unused, and complete. Used items must not have any additional signs of use or damage.
You must return the item to the seller. Remember to contact our customer service to verify the return address before returning the merchandise, otherwise HASTA SIEMPRE SDN. BHD reserves the right to reject your return request. Only after support receives proof of the return shipment can a refund be considered. We strive to respond to all requests within 48 hours of receipt.
The following products are non-refundable unless they were received with defects:
HASTA SIEMPRE SDN. BHD does not cover the shipping costs of returned goods.
You may be entitled to a partial refund if:
The quality of the product is slightly different from that indicated in the corresponding product description, and you can still enjoy your purchase.
How to request a refund?
There are several ways to request a refund:
If it has been less than 2 hours since you purchased the item, you can cancel your order and receive a full refund. Go to “My Orders,” click on the order you want to cancel, and click “Cancel Order” at the bottom of the order page.
If the quality of the product you received is significantly worse (the product is defective, damaged (unless such circumstances have been specifically mentioned in the description) or the information in the description is materially incorrect) than the description on the HASTA SIEMPRE SDN. BHD website. Go to “My Orders”, click on the order you want to return, and click on “Issues Related to Item”.
If 60 days have passed since your purchase (or a longer period, according to the Returns Conditions) and your order has not yet been delivered. Go to “My Orders,” click on the order you want to return and click “No” on the green pop-up.
If you change your mind about making a purchase within 14 days of receiving the item. Go to “My Orders,” click on the order you want to return, and click “Issues Related to Item.”
Refund Process
Refunds are only transferred to the card you used to make your purchase.
We strive to complete the refund process for valid claims within less than 14 days. Our normal processing time is 2-3 days.
Warranty Disclaimer
Neither HASTA SIEMPRE SDN. BHD nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from HASTA SIEMPRE SDN. BHD or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY HASTA SIEMPRE SDN. BHD (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported YOUR country. When ordering from THE WEBSITE, YOU ARE THE importer and must THEREFORE comply with all laws and regulations of the YOUR country.
LIMITATION OF LIABILITY
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, (INCLUDING NEGLIGENCE) CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL HASTA SIEMPRE SDN. BHD (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORSEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) 100 EUR OR (II) THE AMOUNTS PAID BY YOU TO HASTA SIEMPRE SDN. BHD IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold HASTA SIEMPRE SDN. BHD, its affiliates, officers, agents, employees and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claim relating to (a) your use of the Service (including any action taken by a third party using your account), and (b) your violation of this Agreement. In the event of such claim, action or proceeding (“Claim”), we will attempt to send notice of the Claim to the contact information we have for your account (provided that failure to provide such notice does not waive or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account on the Service in any way (by operation of law or otherwise) without the prior written consent of HASTA SIEMPRE SDN. BHD. We may transfer, assign or delegate these Terms and our rights and obligations without consent.
Other Terms and Conditions
You are responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments related to your activities in connection with the Service, provided that HASTA SIEMPRE SDN. BHD may in its sole discretion do all of the foregoing on your behalf or for itself as it sees fit.
Failure by you or us to exercise any right hereunder shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or waived to the minimum extent necessary so that the remainder of these Terms will remain in full force and effect and will be enforceable.
You and HASTA SIEMPRE SDN. BHD agree that these Terms are the complete and exclusive statement of the understanding between you and HASTA SIEMPRE SDN. BHD and that they supersede and supersede all prior written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of HASTA SIEMPRE SDN. BHD and you have no authority of any kind to bind HASTA SIEMPRE SDN. BHD in any respect.
Dispute Resolution
Bilateral arbitration is mandatory and class action lawsuits are waived.
Please read this carefully. It affects your rights. YOU AND HASTA SIEMPRE SDN. BHD AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WITH ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, WITH THIS AGREEMENT, OR WITH THE CONTENT AND/OR USER MATERIALS (PUBLIC, PERSONAL AND/OR FOR A LIMITED AUDIENCE) ON THE SERVICE SHALL ONLY BE RESOLVED BY FINAL AND BINDING BILATERAL ARBITRATION.
“Disputes” include, but are not limited to, any claim or dispute between you and HASTA SIEMPRE SDN. BHD related in any way to or arising from the Service, Content, any Submission, including but not limited to claims or disputes relating to any sales, returns, refunds, cancellations, defects, policies, privacy, advertising or any communications between you and HASTA SIEMPRE SDN. BHD, even if the claim arose after you or HASTA SIEMPRE SDN. BHD terminated the Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) HASTA SIEMPRE SDN. BHD brings against you. Disputes also include, but are not limited to (i) claims in any way related to or arising from any aspect of the relationship between you and HASTA SIEMPRE SDN. BHD, whether based on contract, tort, law, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims arising prior to these Terms or from a previous set of Terms with HASTA SIEMPRE SDN. BHD; (iii) claims that are the subject of ongoing litigation in which you are not a party or class member; and/or (iv) claims arising after the termination of these Terms.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HASTA SIEMPRE SDN. BHD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Small Claims & Government Actions
As an alternative to arbitration, you or HASTA SIEMPRE SDN. BHD may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against HASTA SIEMPRE SDN. BHD on your behalf.