TERMS OF USE FOR HHQ TOUCH

TERMS OF USE FOR HHQ TOUCH (Version dated: 16thAugust 2017)

  1. Halim Hong & Quek shall provide services online that is accessible on the Internet from time to time via such website, platform and/or medium established, operated and/or maintained by Halim Hong & Quek to enable:
    • Halim Hong & Quek’s clients to receive updates, information, communicate, view, download and print, or such other features Halim Hong & Quek may introduce from time to time; or
    • Non-Halim Hong & Quek’s clients to receive news, information, articles or communicate with Halim Hong & Quek or such other permitted features Halim Hong & Quek may introduce from time to time.
  2. HHQ Touch (as defined below) provide an additional means for HHQ’s clients to receive updates, communicate, view their file’s digitized documents, obtain information from HHQ as shall be made available from time to time.
  3. The following terms of use shall apply to your access and/or use of our client online portal services made available by Halim Hong & Quek, whether via internet, mobile or any other electronic platform or devices at all times. By accessing any page or part of https://www.HHQ.com.my/https://www.HHQTouch.com.my and/or HHQ Touch Mobile Application, you agree to be bound by these terms without limitation or qualification. We reserve our rights to revise our Terms of Use from time to time, in which case we will post the revised Terms of Use on our website. If you choose to continue the use of HHQ Touch after any revision to our Terms of Use, you shall be deemed to have accepted our revised Terms of Use accordingly. If you choose not to accept these terms or any revisions made thereto, please immediately cease and discontinue your access and use of HHQ Touch and our website.

 

Definitions

The following words and expressions shall have the following meaning:

“Access Credentials” means the username, password and/or such other confidential authentication information that is required to access and/or use HHQ Touch, whether in the form of words, symbols, numbers, sets of characters or such other form or combination thereof.

“Force Majeure” refers to events or situations beyond the control of HHQ which include but is not limited to earthquakes, floods, fire, plague, acts of God and other natural disasters; and terrorism, riots, civil commotion or disturbances, war whether declared or not, strikes which lasts for three (3) months or more.

“HHQ” means Halim Hong & Quek, a partnership in Malaysia having its place of business at Office Suite 19-21-1, Level 21, Wisma UOA Centre, 19 Jalan Pinang, 50450 Kuala Lumpur.

“HHQ Touch” means the HHQ Touch Web Portal, made available to you online via the Internet which shall include our HHQ Touch Mobile Application made available via mobile or any electronic medium, platform or device which you may access upon the correct input of your HHQ Touch’s Username and Password or via such other access methods as HHQ may prescribe from time to time.

“HHQ Touch Mobile Application” or “Application” means the software application to be downloaded and installed by you in your Mobile Device for your specific access to HHQ Touch, as may be designated for use by HHQ from time to time.

“HHQ Touch Web Portal” means the services as made available to you online via the Internet, mobile or any other electronic medium which you may access upon the correct input of your HHQ Touch Online Client Portal Username and Password or via such other access methods as HHQ may prescribe from time to time.

“Internet” means the global network of computers and telecommunications systems which facilitate communication.
“User Account” means your user account which you have successfully registered with HHQ and which enables you to access HHQ Touch.

“Mobile Device(s)” means mobile phone or such other device(s) which is/are used to access HHQ Touch.

“Network Service Provider” means any Internet service provider providing connection to the Internet.

“Verification Code” means the verification code forwarded by our HHQ Touch system at the point of registration or first time use to a user registering for a User Account for verification purpose.

“Password” means a unique string of characters chosen by you and should be known only to you and recorded in HHQ’s database, which must be keyed in by you for authentication of your Username and grant of access to HHQ Touch.

“Terms of Use” means these terms governing the use of HHQ Touch and HHQ’s website.

“Username” means a valid and active email address registered to you which must registered with our HHQ Touch database to associate the Username with your user profile and User Account.

  1. Registration and Application to use HHQ Touch.
    • You may apply to access or use HHQ Touch subject always to HHQ’s discretion to reject or accept your application. Your application to register for HHQ Touch shall subject to our internal review prior to approval and the decision to approve or otherwise shall be at HHQ’s absolute discretion.
    • By registering to use HHQ Touch, you warrant that all information provided by you at point of registration with HHQ Touch is accurate, true, complete and up-to-date. You shall provide such information as HHQ may from time to time reasonably request for the purposes of granting access to HHQ Touch.
    • You acknowledge and accept that for security purpose, HHQ’s clients who have access to additional features in HHQ Touch may have their application rejected or be subjected to further and additional review without HHQ having to afford cause or justification should there be discrepancy between the details provided in HHQ Touch and those contained in HHQ’s database.
    • For those individuals or organisations that are granted access to HHQ Touch, such access is granted on the basis that the conditions of access, which may be prescribed generally or with some level of specificity, are adhered to at all times.
    • In the event you are a body corporate, company or organization, you acknowledge and agree to the following terms at all times:
      • register and provide the name, identity and any other information or documents of the employee(s) or any authorised persons permitted to have access to the User Account of the organisation (“Authorised User”);
      • notify HHQ immediately upon resignation or termination of the employment of the Authorised User, revocation of authority or in the event that the Authorised User shall in any way cease to have the authority to access the Account of the body corporate, company or organization, or addition or replacement of any Authorised User;
      • notify HHQ immediately in the event that the secrecy of Access Credentials is compromised, or if there is even the slightest suspicion that the same has been compromised in any way or by anyone; and
      • notify HHQ immediately in the event that the secrecy of Access Credentials is compromised, or if there is even the slightest suspicion that the same has been compromised in any way or by anyone; and
  2. Terms of Use
    • When you access or use HHQ Touch, you must comply with these Terms of Use and other applicable terms relating to our HHQ Touch.
  3. Acceptance of Terms of Use
    • You agree that the access or use of HHQ Touch by you shall constitute your acceptance of these Terms of Use as well as your agreement to the inherent risks in any electronic processes over HHQ Touch. You are advised to store or print a copy of these Terms of Use for your record and reference.
  4. Equipment, Software and Network Access
    • Equipment, Software and Network Access
  5. Gaining Access to HHQ Touch
    • If you are a new user of HHQ Touch and wish to gain access to our HHQ Touch, you may, unless otherwise prescribed by HHQ, subscribe and register to the same as follow:
      • access the create account page and you would be required to key in your email address, name, identification details, mobile number and Password in the relevant registration page on the relevant www.HHQTouch.com website;
      • you will receive a prompt requesting for you to key in a verification code which you shall receive via SMS (short messaging service) on your mobile. You shall then key in the verification code received by you;
      • upon successful verification as per 5.1(ii) above, you shall have completed the first tier of registration and HHQ will review your registration within 14 days;
      • HHQ shall reserve the right to conduct proper verification either by way of telephone communication or such other means as HHQ deem fit. Upon review of the registration, HHQ shall then approve or reject the registration and you shall be notified of the approval or rejection by way of electronic mail.
      • upon your receipt of a notification from HHQ, your access to HHQ Touch will be activated and you may thereafter access HHQ Touch by keying in your Username and Password.
    • You agree that HHQ has the right to revoke access or deactivate your Username and Password for the breach or potential breach of any terms herein, or of any laws and/or regulations and/or to ensure or maintain the security of HHQ Touch and its users where HHQ deems appropriate, and that you shall not hold HHQ liable for any loss or damage which you may suffer as a result of such revocation or deactivation of your Username and Password.
    • You may change your Password at any time but any changes will be effective if accepted by HHQ. You agree that HHQ uses your Username and Password to identify you and acknowledge that you must keep both your Username and Password secret and secure and take reasonable steps to prevent unauthorised access and/or use.
    • Once you have logged on, you must not leave the device(s) or terminal from which you have accessed the service at any time or let anyone else use it until you have logged off. You are responsible for ensuring that you have logged off HHQ Touch at the end of each session.
    • We may have to request from you your Username, (but not your Password) in order to provide maintenance services to you. You and strongly advised to keep your Password confidential at all times.
    • You shall not access HHQ Touch from any computer or device connected to a local area network (LAN) or any public internet access or access point without first taking all reasonable precautionary measures in making sure that no-one else will be able to observe or copy your Access Credentials or get access to HHQ Touch pretending to be you.
  6. HHQ Touch
    • Upon the activation of HHQ Touch, you will be able to access the HHQ Touch Web Portal and HHQ Touch Mobile Application (if downloaded into your mobile device(s).
    • HHQ Touch is a constant ongoing development and may have its functions and features modified, revised or altered as HHQ deem fit. When HHQ introduces new or revised services or functions under HHQ Touch, HHQ may provide them on such additional or supplementary terms notified to you.
    • HHQ Touch is a constant ongoing development and may have its functions and features modified, revised or altered as HHQ deem fit. When HHQ introduces new or revised services or functions under HHQ Touch, HHQ may provide them on such additional or supplementary terms notified to you.
  7. HHQ Touch Mobile Application or “Application”
    • Upon your successful registration and activation of HHQ Touch – in addition to your access of the same via an internet browser, you will also be able to access to HHQ Touch on your Mobile Device subject to:
      • Upon your successful registration and activation of HHQ Touch – in addition to your access of the same via an internet browser, you will also be able to access to HHQ Touch on your Mobile Device subject to:
      • the keying in of your HHQ Touch’s Username and Password.
    • The HHQ Touch Mobile Application shall only be available for Mobile Devices with data connection to the Internet which meet the required specifications and configurations as may be specified for the use of HHQ Touch Mobile Application and to be determined by HHQ from time to time, and you agree to procure and maintain a Mobile Device and data connection which meet these requirements at your own expense.
    • The scope, features and functionality of the HHQ Touch Mobile Application may differ from HHQ Touch Web Portal as and when accessed from different electronic medium, platform or device, and may be varied by HHQ from time to time. You agree and acknowledge that certain HHQ Touch Web Portal, functions and/or features may not be available on the HHQ Touch Mobile Application.
    • You acknowledge that your download and use of the HHQ Touch Mobile Application on your Mobile Device shall be on an exclusive and non-transferable basis and is subject always to your agreement to the following conditions:
      • You shall not use the Application for any purpose other than to access your User Account on your own Mobile Device;
      • You shall not download or install the Application into a Mobile Device which you do not own or have exclusive control;
      • You shall not decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of HHQ Touch;
      • You shall not decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of HHQ Touch;
      • The Application is made available to you strictly on an “as is” basis, and to the extent as permitted under law and/or regulation, no warranty is made in relation to the Application, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded. In addition, you agree that HHQ cannot ensure that the Application will be compatible or may be used in conjunction with all mobile device, and you agree that unless inconsistent with the other expressed provisions herein, you shall not hold HHQ liable for any such incompatibility or for any loss or damage to any mobile device which may be caused by the Application or the installation process.
      • You shall download the Application from the authorised Apple App Store, Google Play or such other application stores where it is made available on and as approved by HHQ.
      • You shall download the Application from the authorised Apple App Store, Google Play or such other application stores where it is made available on and as approved by HHQ.
      • Updates to the Application may be issued by HHQ from time to time via the Apple App Store, Google Play or such other application stores where it is made available on and as approved by HHQ. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted the applicable Terms of Use.
      • You are strictly prohibited to install or use the Application on a jail-broken or rooted device. Unauthorised modifications to any mobile devices’ operating systems (“jail-breaking or rooting”) bypasses security features and can cause numerous issues to the hacked devices. HHQ strongly warns against the installation of Application in any hacked mobile devices. HHQ shall not be liable for any losses that you may suffer or for any costs that you might incur due to damage or corrupted or failure of device, hardware or software that you use in connection with the Application.
    • Mobile Information
      • HHQ may use cookies and/or similar technologies (“cookies”), to perform authentication when you use HHQ Touch and to improve your experience on HHQ Touch. By using HHQ Touch, you accept the use of cookies by HHQ. HHQ may use these cookies to collect information about your use of the Application. This information helps improve HHQ Touch for you and other users.
      • HHQ may use cookies and/or similar technologies (“cookies”), to perform authentication when you use HHQ Touch and to improve your experience on HHQ Touch. By using HHQ Touch, you accept the use of cookies by HHQ. HHQ may use these cookies to collect information about your use of the Application. This information helps improve HHQ Touch for you and other users.
      • Certain functions of the Application may require data of your location, which data will be sent from your Mobile Device. You may turn off this functionality at any time by turning off the location sharing settings for the Application on your Mobile Device. If you use these services, you shall be deemed to give consent to HHQ’s transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location sharing settings on your Mobile Device or on the Application.
  8. HHQ’s Clients and File Updates on HHQ Touch
    • If you are HHQ’s client with one or more ongoing and active file and subject to HHQ’s approval and review of your application to use, you may access to one or all the following:
      • Access to certain digitized copy of your file(s)’ document(s);
      • Real time status updates of your file(s) or matter(s);
      • Real time status updates of your file(s) or matter(s);
      • Make payment in relation to your file or matter(s);
      • Direct communication platform with person in charge of your file(s) or matter(s).
  9. Correspondences on HHQ Touch
    • You hereby agree and acknowledge that the communication feature labelled as “Correspondences” that is available on HHQ Touch is for your ease and convenience of communication with HHQ only and shall not be relied upon as means for formal issuance of instructions, demands or notices.
    • You are advised to communicate all formal communications in written form served or delivered to our place of business.
  10. Service Availability
    • While every effort is made for HHQ Touch to be available for access via the Internet 7 days a week, 24 hours a day -you acknowledge however that there may be occasional downtime in the following events: 1) maintenance of system, devices hosting HHQ Touch; or 2) unforeseen circumstances resulting in disconnection of HHQ Touch to the Internet. HHQ will take all reasonable efforts to keep you informed of such events and to rectify such downtime.
  11. User Account and Information
    • You must ensure that the personal information you provide to us in relation to your User Account are true, complete and updated. In the event that there are any changes to your information and details, you shall notify HHQ immediately.
    • You acknowledge that HHQ shall not be liable for and that you shall indemnify HHQ for any loss or damage that may arise due to your failure or delay to update HHQ as to any changes to your information and details pertaining to your User Account and use of HHQ Touch.
  12. Legal Templates, Articles, Newsletters
    • All opinions, articles, advice and templates available on HHQ’s website or HHQ Touch are for your understanding and reference only, and may not be construed or relied upon as professional advice. You are strongly advised to seek advice from HHQ or other relevant consultants and professionals before acting upon any information made available or accessed via HHQ’s website and/or HHQ Touch.
  13. HHQ Touch’s Electronic Documents
    • Description of Electronic Documents
      • The Electronic Documents feature allows HHQ’s clients that have successfully registered for access and use of HHQ Touch to view, save and print certain documents that HHQ may make available in such format as may be made available by HHQ from time to time. The Electronic Documents feature provided with HHQ Touch shall subject to the terms herein. The Electronic Documents feature allows HHQ’s clients that have successfully registered for access and use of HHQ Touch to view, save and print certain documents that HHQ may make available in such format as may be made available by HHQ from time to time. The Electronic Documents feature provided with HHQ Touch shall subject to the terms herein.
      • In our handling of legal matters for HHQ’s clients, we will maintain your physical file(s) with us; the Electronic Documents are digitized version of your paper agreements, documents, notices, letters and/or correspondences maintained within your physical file(s) and HHQ may digitize and make available electronic copies of these agreements strictly for your easy access and download via HHQ Touch.
      • Notwithstanding 13.1.2 above, you acknowledge that HHQ shall maintain absolute discretion in its decision or choice of documents to be made available on HHQ Touch.
    • Accessing Electronic Documents
      • Electronic Documents will be provided to you from time to time upon its perfection and/or completion at HHQ’s discretion, via HHQ Touch.
      • Electronic Documents will be provided to you from time to time upon its perfection and/or completion at HHQ’s discretion, via HHQ Touch.
        • undertake that you have all necessary rights and consents to access and view all details therein;
        • In any event, you acknowledge that the upload of Electronic Documents shall ultimately be at HHQ’s discretion and HHQ shall be entitled to refuse upload under the Electronic Documents feature without liability and without obligation to provide reasons for such decision.
        • In the event that you no longer wish to access and view the Electronic Documents in relation to an activated User Account, you may contact us to remove the Electronic Documents. Electronic Documents uploaded to your User Account in HHQ Touch will cease to be available for access upon confirmation of such removal being provided to you by HHQ.
        • Under the Electronic Documentsfeature you will be able to view, save and/or print Electronic Documents. Availability of Electronic Documents will be for such period as may be at stipulated by HHQ from time to time.
  14. Confidentiality
    • You accept that you will be responsible for the confidentiality and use of your Access Credentials and that you shall at no time and under no circumstances share, disclose or reveal your Access Credentials to anyone including the employee of HHQ.
    • You undertake to observe all security measures prescribed by HHQ concerning your Access Credentials or generally in respect of the use of HHQ Touch.
    • Should you have any reason to believe that any of your Access Credentials and/or where applicable, Mobile Device(s), have been misused and/or compromised by disclosure, discovery or howsoever, you must inform HHQ immediately.
    • Should you receive any data and information through HHQ Touch which is not intended for you, you agree that all such data or information shall be deleted from your computer system/Mobile Device or other relevant devices immediately and that you will officially notify HHQ by any means forthwith without delay
  15. Disclosure of User’s Information
    • HHQ agree not to disclose to third parties any information you have provided or that HHQ have obtained from HHQ’s Clients or User Accounts of those who are non-clients unless it is:
      • to comply with laws and regulations or appropriate government agency or court orders or requests;
      • to provide services in relation to your matter;
      • with your written permission.
    • You understand that while HHQ will use its best endeavors to ensure that all information transmitted or received using HHQ Touch is secure and cannot be accessed by unauthorised third parties, HHQ does not warrant the security of any information transmitted or received using HHQ Touch arising from the possible risk of communications via the Internet thus you are encouraged to opt for non-electronic means of communication for all sensitive communications.
  16. Limitation of Liabilities
    • You acknowledge that HHQ make no warranties of any kind with respect to HHQ Touch, whether express or implied, including but not limited to fitness for a particular purpose. Except as otherwise expressly stated in these Terms of Use and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies) HHQ expressly disclaims liability with respect to any delays, failure or error in your use of HHQ Touch.
    • Except as otherwise expressly stated in these Terms of Use and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), HHQ shall in no event be liable whether in contract, tort (including negligence), strict liability or any other basis for any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings, loss of opportunity, business interruption or other consequential, special, incidental, indirect, exemplary or punitive damages incurred or suffered by you or any other person as a consequence of accessing or using HHQ Touch. Specifically for Electronic Documents Service, this includes (but is not limited to) loss or damage arising from:
      • the failure to view, save, print or download your Electronic Documents due to limitations of the service or any failure of HHQ Touch or any part thereof for any reason;
      • any unauthorised use of the Electronic Documents and/or intrusion, interference or attack on www.HHQTouch.com or your HHQ Touch by any person, virus, Trojan Horse, worm, macro or other harmful components or deleterious programs or files. You are responsible to install personal firewall and anti-virus software onto your device or computer (and have them updated regularly) and only access HHQ Touch if they are satisfied connection is secure. You hereby irrevocably and unconditionally agree that, HHQ will not be liable for any losses, damage or injury that you may suffer where it is determined that you have failed to take the aforesaid precautionary steps resulting in you incurring such losses, damage or injury.
    • Due to the nature of HHQ Touch, and except as otherwise expressly stated in these Terms of Use and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies) HHQ will not be responsible for any loss of or damage to your data, software, equipment, network access or other equipment used to access HHQ Touch.
    • HHQ will take reasonably practicable steps to ensure that its systems in connection with HHQ Touch are installed with adequate security designs and to control and manage the risks in operating HHQ Touch, taking into account any law, rules, regulations, guidelines, and circulars which may be applicable to HHQ from time to time.
    • While every effort will be taken by HHQ to prevent the occurrence of a destructive threat, HHQ does not warrant or represent that HHQ Touch are free from virus or other destructive features which may adversely affect the Customer’s hardware, software or equipment.
  17. Intellectual Property Rights
    • You acknowledge that all intellectual property rights in HHQ Touch belongs to HHQ at all times.
    • Other than information related to your User Account all content available on HHQ Touch (including its arrangement) is the property of HHQ or third parties (where applicable) and is protected by copyrights, trademarks, or other intellectual and proprietary rights. Your usage of HHQ Touch does not grant you a license or right to use any trademark without the express written approval of HHQ. In addition, your usage of HHQ Touch does not grant you a license or right to use any third party trademark without the express written approval of the third party possessing rights to such trademark.
    • Unless expressly permitted by under these Terms of Use or by HHQ, you shall not, and shall not attempt to:
      • sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any information retrieved from HHQ Touch in any form or by any means to any other person or commercially exploit any such information;
      • incorporate or combine the information retrieved from HHQ Touch with any other programmes.
    • The following trademarks where appearing in our HHQ website or HHQ Touch website are third parties’ registered intellectual property rights:
      • Apple, the Apple logo, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
      • Google Play and the Google Play logo are trademarks of Google Inc.
  18. Fees and Charges
    • While HHQ Touch services are made available to you as a value added service without any additional fee or charge, you acknowledge that you are absolutely responsible for all charges imposed by service providers in enabling you to access and/or connect to HHQ Touch. You are also responsible for any fees and charges imposed by any Network Service Provider.
  19. International Use
    • The use of HHQ Touch outside of Malaysia is subject to internet laws and regulations operating in the country where the access is gained or requested. You hereby agree that you are using HHQ Touch at your own initiative and are responsible for your compliance with local laws.
  20. General
    • You hereby agree to peruse all HHQ’s alerts, communications, notifications, processed or effected through HHQ Touch (as accessed and used via your Password and Username) regularly and in a timely manner and you hereby undertake to notify HHQ forthwith and without delay of any errors, irregularities, discrepancies, claims or unauthorised items.
    • You shall not be entitled to use HHQ Touch, if there exist any restrictions whatsoever in relation to your User Account either imposed by HHQ or by any relevant authorities.
  21. Suspension or Termination of Services
    • Notwithstanding anything herein to the contrary, HHQ may at any time, suspend or terminate your right of access to HHQ Touch or any part thereof or of any medium it is made available under, for the breach or potential breach of any terms herein, laws and/or regulations and/or to ensure or maintain the security of HHQ Touch and its users where HHQ deems appropriate.
    • HHQ will automatically terminate your right of access to HHQ Touch or to any medium it is made available under (as applicable), should you cease to be HHQ’s client for any reason whatsoever or for the breach or potential breach of any terms herein, or of any laws and/or regulations and/or to ensure or maintain the security of HHQ Touch and its users where HHQ deems appropriate. The decision to terminate your right of access to HHQ Touch shall be at HHQ’s absolute discretion.
    • You may terminate your HHQ Touch’s User Account by giving prior notice to HHQ. HHQ Touch will be cancelled within fourteen (14) days from the date of HHQ’s receipt of your notice of termination.
    • You acknowledge that HHQ Touch is a service provided for your convenience and ease of access via an electronic platform only. The termination of HHQ Touch services shall not affect any matter HHQ have been engaged to handle.
  22. Indemnity
    • You hereby agree to be liable for and to indemnify and keep HHQ indemnified from and against any and all claims, losses, liabilities, cost and expenses (including but not limited to any legal fees) arising directly or indirectly or which may arise out of:
      • your breach or violation of these Terms of Use or any third party rights;
      • your use or purported use of HHQ Touch;
      • your fraudulent acts;
      • your disclosure of Access Credentials to any other person or in any emails or on other websites;
      • your failure to take reasonable steps to keep the Access Credentials private and/or secure at all times; or
      • your failure to report a breach, disclosure or compromise of the Access Credentials as soon as reasonably practicable upon being aware of the breach or loss respectively.
    • Your liability and obligation to indemnify herein above however shall not apply to the extent that the same arises from:
      • HHQ’s failure to provide you with adequate means to notify HHQ of any unauthorized access;
      • a technical breakdown or proven deficiency in the systems and equipment under the full control of HHQ;
      • a proven weakness or vulnerability in the security features and controls adopted by HHQ;
      • where applicable, Access Credentials that are forged, fraudulent, expired or cancelled provided that they are not due to your own acts or omissions.
  23. Notices
    • You hereby consent to all notices and other communications concerning HHQ Touch or are required under these Terms of Use or may be given by HHQ in any one of the following manners:
      • By ordinary post to your last address in HHQ’s records and such notification shall be deemed received two (2) days after posting.
      • By electronic mail to your last known e-mail address in HHQ’s records and such notification shall be deemed received twenty four (24) hours after sending.
      • Broadcasting a message on www.hhq.com.my or www.HHQTouch.com.my website or HHQ Touch Mobile Application.
      • By notification to you in any other manner as HHQ deems fit.
    • All notices to HHQ concerning HHQ Touch and these Terms of Use shall be in writing, signed by you and sent to HHQ at the following address or in such other way as HHQ may notify you from time to time:

      Halim Hong & Quek
      Office Suite 19-21-1, Level 21
      Wisma UOA Centre
      19 Jalan Pinang
      50450 Kuala Lumpur
      Telephone no.: +603-27103818
      Fax no.: +603-27103820
      Email address: hhqkl@hhq.com.my

  24. Force Majeure
    • HHQ shall not be liable to you or any third party for any inconvenience, injury, expense, liability, damages, loss of profits, earnings or goodwill if HHQ is unable to perform any of its obligations hereunder or to provide any of the services due to Force Majeure.
  25. Severability and Waiver
    • If any of the terms herein are found to be illegal or prohibited, they shall be ineffective only as to the illegal or prohibited parts of such Terms of Use. The remaining Terms of Use shall not be affected.
    • Any waiver or indulgence granted shall not prevent HHQ from enforcing the other parts of the Terms of Use which are unaffected by such waiver or indulgence, or other rights or require HHQ to grant further indulgence. The rights and remedies provided by law are not excluded by these Terms of Use.
  26. Variations
    • You acknowledge that HHQ has the right to determine and vary from time to time the facility and services on HHQ Touch including, without limitation the features, functions, services, procedures and processes applicable to HHQ Touch (e.g. procedure for registration of HHQ Touch, Electronic Documents, acceptance of the Terms of Use, delivery of notifications, security protocols etc.); and
  27. Enquiries
    • If you have any enquiries or require any assistance, please contact us at +603-2710 3818 or alternatively, you may email to hhqtouch@hhq.com.my. In addition, you are advised to review our Privacy Policy and such other terms HHQ may introduce from time to time.
  28. Law and Jurisdiction
    • These Terms of Use will be governed by the Laws of Malaysia and you hereby consent and submit to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising out of or relating to the use of HHQ Touch.