Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Agreed Terms
Acknowledgements

  1.  The terms of this EULA apply to the website or any of the services accessible through the website, including any updates or supplements to the website or any of the other services, unless they come with separate terms, in which case those terms apply.
  2. We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next open the website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the services.
  3. By using the website and its services, you consent to collecting and using technical information about the devices and related software, hardware and peripherals for the website and services that are internet-based or wireless to improve our products and to provide any services to you.
  4. The website or services may contain links to other independent third-party websites. Third-party websites are not under our control and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party websites, including the purchase and use of any products or services accessible through them.
  5. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

Restriction on use of materials

The material is produced and owned by Cuckoo Brunei. No material from this website may be reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Cuckoo Brunei. Graphics and images on this website are protected by copyright and intellectual properties rights and may not be reproduced or appropriated in any manner without the written permission of Cuckoo Brunei. Modification of any of the materials or use of the materials for any other purpose will be a violation of Cuckoo Brunei copyright and other intellectual property rights.

In order to use this website, you must:

  1. Not use the website or any of its services and contents in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the website, any services or any operating system;
  2. Not infringe our intellectual property rights or those of any third party in relation to your use of the website or any services;
  3. Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the website or any service;
  4. Not use the website or any service in a way that could damage, disable, overburden, impair or compromise our system or security or interfere with other users; and
  5. Not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any services.

 

Grant and Scope of Licence

  1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the website on the devices, subject to these terms, the Privacy Policy. We reserve all other rights.
  2. You may use the website to view, use and display on your devices for your personal purpose only.

 

Licence Restrictions

  1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
    • Not to copy the website and its content, except where such copying is incidental to normal use of the website, or where it is necessary for the purpose of back-up or operational security.
    • Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the website and its content.
    • Not to make any alterations to, or modifications of, the whole or any part of the website, or permit the website, or any part of it to be combined with, or become incorporated in, any other websites or programmes.
    • Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the website or attempt to do any such thing except to the extent such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the website with another software programme, and provided that the information obtained by you during such activities:
      • Is used only for the purpose of achieving inter-operability of the website with another software programme;
      • Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
      • Is not used to create any software that is substantially similar to the website;
      • To keep all copies of the website secure and to maintain accurate and up-to-date records of the number and locations of all copies of the website;
      • To include our copyright notice on all entire and partial copies you make of the website on any medium; vi. Not to provide or otherwise make available the website in whole or in par (including object and source code), in any form to any person without prior written consent from use; and

 

Intellectual Property Rights

  1. You acknowledge that all intellectual property rights in the website anywhere in the world belong to us, that rights in the websites are licensed (not sold) to you, and that you have no rights in, or to, the website other than the right to use them in accordance with the terms of this EULA
  2. You acknowledge that you have no right to have access to the website in source-code form

 

No Warranty or Support

  1. You expressly acknowledge and agree that use of the website and its content provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

 

Limitation of Liability

  1. You acknowledge that the website has not been developed to meet your individual requirements;
  2. We only supply the website for domestic and private use. You agree not to use the website and its content for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
  3. Nothing in this EULA shall limit or exclude our liability for:
    • Death or personal injury resulting from our negligence;
    • Fraud or fraudulent misrepresentation; and c. Any other liability that cannot be excluded or limited by English law.

 

Termination

We may terminate this EULA immediately or suspend access to our services immediately, without prior notice and liability for any reason whatsoever, including without limitation if you breach the terms and conditions of this agreement:

  • If you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
  • If you breach any of the Licence Restriction or the Restriction Use of Materials; and
  • On thirty days’ notice.
    • On termination for any reason:
      • All rights granted to you under this EULA shall cease;
      • You must immediately cease all activities authorised by this EULA;
      • You must immediately delete, remove and destroy all content in your possession, custody or control and certify to us that you have done so.
    • Communication between us:
      • If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at info@cuckoobrunei.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    • Events outside our control:
      • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
      • If an event outside our control takes place that affects the performance of our obligations under this EULA:
        • Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and
        • We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the event outside our control.
    • Other important terms:
      • We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
      • You may only transfer your rights and obligations under this EULA to another person if we agree in writing.
      • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
      • Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
      • We reserve our rights, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
      • If you breach this agreement which would result in irreparable harm to us as the owners of the website, we will be entitled to appropriate equitable remedies without bond, security or proof of other remedies which may be available.

If you have any questions about these terms, please do not hesitate to contact us at 2333330 or e-mail at info@cuckoobrunei.com. This agreement has been entered into on the date stated at the beginning of it.