Legal Terms, Condition and Privacy Polecy of using the HappyWater Website

Legal Terms, Condition and Privacy Polecy of using the HappyWater Website

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE.
HappyWater reserves the right to change the terms, conditions, and notices under which the HappyWater Web Sites are offered, including but not limited to the charges associated with the use of the HappyWater Web Sites. You are responsible for regularly reviewing these terms and conditions.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the HappyWater Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the HappyWater Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with HappyWater or to purchase HappyWater products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of HappyWater is strictly prohibited.

Harassment in any manner or form on the Site or any of the HappyWater Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HappyWater employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under Malaysia and other copyright laws, and is the property of HappyWater. The collective work includes works that are licensed to HappyWater. Copyright 2000 – 2010. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to HappyWater, or other respective owners that have granted HappyWater the right and license to use such trademarks.

TYPOGRAPHICAL ERRORS.
In the event a HappyWater product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HappyWater shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. HappyWater shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, HappyWater shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by HappyWater without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION.
HappyWater does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, HappyWater is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, HappyWater reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to HappyWater at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by HappyWater in accordance with the HappyWater Privacy Statement.

USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”)will be considered non-confidential and non-proprietary. HappyWater will have no obligations with respect to the Communications. HappyWater and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with HappyWater, HappyWater has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HappyWater. HappyWater has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that HappyWater sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, HappyWater seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or HappyWater aster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

DISCLAIMER.
HappyWater makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.

HappyWater does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HappyWater DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HappyWater DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HappyWater DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL HappyWater BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HappyWater HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless HappyWater, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of Malaysia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of HappyWater products) shall be in the state or federal courts located in Kuala Lumpur, Malaysia. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of HappyWater products) must be commenced within one (1) year after the claim or cause of action arises. HappyWater’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HappyWater may assign its rights and duties under this Agreement to any party at any time without notice to you.

HappyWater makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Malaysia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Malaysia export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of Malaysia.

GENERAL.
HappyWater may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Privacy Policy

HappyWater and our subsidiaries and affiliates (or “we”) respect your preferences concerning the collection and use of your personal data. Our goal is to deliver content targeted to the industry you work in, the products you use, the role you play in your organization, and your specific preferences. In order to provide you with relevant information, fulfil your specific requests, and enhance your experience across our Web site, we will at times request personal information from you. The information collected and how it is used will vary across the site. This policy is our way of letting you know how we collect information, what we collect it for, and what choices you may have.

HappyWater also provides links to non-HappyWater sites we believe may be of interest to you. These sites are provided as a convenience and are beyond our control. You are advised to check the privacy policies of those sites before providing your personal information to them.

To learn more about HappyWater’s privacy policy, review the sections below for information pertaining to:

Note: www.happywater.my is the main gateway to HappyWater on the Web, containing the general privacy policy for www.happywater.my. Because we have tried to simplify your access to our privacy policy, this policy describes the potential use of visitor information throughout the happywater.my Web site. Parts of the site may make far less use of personal information than we have outlined in the policy, but we wanted to provide you with an inclusive statement of our practices.

1. Types of Data Collection:

HappyWater collects data from users in four main ways.

Registration screens and online forms
In the process of online sales inquiries
In e-mails sent to HappyWater from users
Through automated means such as communications protocols and cookies

HappyWater may receive data from you as part of the communication connection itself – the standard electronic greeting between your computer, the network, and our servers. This information often consists of network routing (where you came from), equipment information (browser type), date and time. At this time our server will also query your computer to see if there are “cookies” previously set by happywater.my to facilitate log-in or other site navigation procedures.

Some parts of the HappyWater site use cookies to collect information about the visitor’s use of the Web site and to facilitate return visits. The information collected from cookies is tracked to enhance security and to improve the functionality of the Web site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content. Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and membership information to access HappyWater’s online tools. Some cookies used by happywater.my may remain on the user’s computer after they leave the Web site, but the majority is set to expire within 30 – 365 days.

Cookies also serve as a convenience to users by creating a more streamlined login process and preserving information between sessions. In the future, as we enable further customizations of the site, cookies will help in assuring that information provided to you will be the most relevant to your needs.

In order to provide maximum site utility, HappyWater also uses a tracking technique that uses embedded URLs to allow use of the site without cookies. Embedded URLs manifest themselves as plain text or encoded extensions to the URL that appears in the browser address or location toolbar. This technology allows limited information to follow you as you navigate the site, but is not identified to personal information and is not used beyond the session. While this increases your ability to surf the site, it does not replace the functionality or streamlining of cookies and may limit your use of many convenience features offered by the site.

To learn more about cookies and browser functionality relating to cookies please search for “cookies” in the help function of your browser.

In an effort to provide users with the most relevant Web site content and marketing materials, we may also use embedded pixel technologies to help track site usage and marketing campaign responsiveness. On the Web site, these technologies are used on selected pages for the purposes of identifying unique user visits as opposed to aggregate hits. The site usage information collected by these technologies is associated with cookies and may provide personally identifiable information about site use by registered users of www.happywater.my. This information is used to evaluate site content, navigability and composition as well as page response rates. When these technologies are used in e-mails, they provide information on when the e-mail was opened. In e-mails, these technologies are used to evaluate marketing campaign relevance to the user and to update marketing lists.

2. The data we collect and how we use it:

HappyWater collects information from users for the following purposes:

To engage in transactions or communications. Name, address, e-mail and company information may be collected and stored as part of the transaction history. The majority of the information collected under this category is business contact information.
To provide future service and support. Information collected for this purpose is both contact information and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
As a result of product download. Users who download products under trial licenses and purchasers of products will be contacted to confirm they did not experience problems in the download process and will also be alerted at the end of the license period. These communications are not subject to the general opt-out of marketing notices.
To select content. Information may be collected to help create Web site content and navigation that is most relevant and user friendly. This includes information collected as a result of site navigation as well as information provided in forms.
To respond to user inquiries and requests for information. This information includes registrations for newsletters and specific requests for further information.
To better tailor marketing to user needs. We may use information from purchases and requirements to provide you with timely and pertinent notices of product releases and service developments that address your needs and requirements. Marketing notices are subject to the general opt-out elections.
To better respond to requests for service or quotes for product.HappyWater will pass contact information to the appropriate HappyWater sales person, distributor, reseller, or consultant for follow-up related to your request.
To power joint sales or product promotions. HappyWater and its partners may engage in joint events or provide bundled products. Such promotions will always reference the partners involved. Both HappyWater and the partner(s) will have access to that information. While we carefully choose our partners, privacy is a very subjective concern and we advise you to review the privacy policies of these partners.
From referral/”tell a friend” function. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. HappyWater will automatically send the friend a one-time email inviting them to visit the site. HappyWater stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
As a result of your registration for/attendance at an HappyWater conference or event. Those existing customers or registered HappyWater.com users, that sign up for such a conference or event, may be contacted prior to the event to see if any meetings, special demonstrations or other customer facilitation may be provided. This contact is in addition to any contact that may be required to confirm payment or provide logistical information and updates related to the conference. Attendees of such events may also be contacted after the event to see if any further information is required or follow up is appropriate. This information will be used only by HappyWater or by designated partners and will not be released to other third parties. To help assure respect of your information we maintain central control of the information and require that use of the information by these partners is limited to that which is expressly relevant to your profile. Please consult the supplemental privacy statement on the specific conference site for more detailed information.
As a result of your participation in interactive discussions and public forums. There are parts of the Web site that permit users to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. HappyWater does not control the content that users post and some may serve as public discussion forum. As in all interactive forum open to many users, you should carefully consider whether you wish to submit personally identifiable information.
As a result of your use of hosted applications/services. Some HappyWater customers may enter information on their employees, vendors, or customers using various hosted services including TellAll.Com that we host and for which we provide application and systems management. As a result of this hosted systems relationship, HappyWater may process some of this information, but does not control the information collection or use practices related to this information. HappyWater merely provides the relevant hosting or application management and support services related to storage of the information. HappyWater makes no independent use of the information outside of what is needed to provide the hosting service, applications management, and support or to complete specific actions requested by the customer.
To address performance and fix issues. On occasion, patches and other fixes to software, such as security patches addressing newly discovered vulnerabilities, are developed by HappyWater. We may communicate the availability of these patches or fixes to registered owners of software and parties who have identified themselves to us as users or developers. These communications will not contain marketing messages and will not be subject to general opt-out elections, due to the potential importance of these patches and fixes.
As a result of legal requirements. HappyWater may be required to provide personally identifiable information to comply with legally mandated reporting, disclosure or other legal process requirements.

3.Customization, Preferences and Opt-Out:

HappyWater allows visitors to self-select into communities, through the registration process, as a way to provide initial customization to the HappyWater Web site. There are also plans to provide more control over preferences and information delivery in the registration process.

Communications Choices. HappyWater recognizes that users may not wish to be contacted about new or related products. HappyWater.com allows you to opt-out of e-mail marketing that may result from use of the site. These choices may be made as part of the registration process or from links in marketing mailings. If you have any problems in using the opt-out mechanisms, please send an e-mail toinfo@happywater.my, indicate opt-out in the subject line and specify what problem you have encountered in the body of the message. There are a few limited exceptions to the opt-out, but notice is provided that the service includes certain communications. These exceptions include: patch and product security update related communications, defined communications related to product download, specific communications that are part of the reason for a specific trading or user community – such as price/product related communications to the members of our partner network or trade opportunity postings on an exchange and some limited communications related to registration for and attendance at conferences.

Third Party Opt-in Lists. On occasion, HappyWater may use a third party opt-in list. These are lists maintained by third parties that have received permission (opt-ins) from their users to receive e-mails from other companies, such as HappyWater. We do not have access to the names on these lists as the third party that has the direct relationship with customer maintains the list and the opt-outs, removes, and unsubscribes to those lists. We request from the list owners that we use to identify themselves as the mailers of the e-mail and provide appropriate opt-out mechanisms. While we advise users to avail themselves of the opt-out functionality provided in the particular e-mail, should users have trouble opting out, or should they wish to make us aware of any issues related to the mailing, they may contact us directly at any of the addresses provided below.

Please contact us at info@happywater.my if you believe you have mistakenly received information after opting-out or if you would like to opt-out of receiving information and have any trouble using the mechanisms provided oninfo@happywater.my or via an e-mail link.

4. Access:

HappyWater has provided you with the ability to create an account or profile of information. We maintain the information and allow you to update it at any time. To change this information, please login as usual and follow the prompts to “update my profile.” We continue to work on these methods to increase the scope of information that you may access and update. Please contact us at info@happywater.my should you require further assistance concerning your information or if you have trouble accessing your profile, please indicate access in the subject line and let us know what the access problem is in the body of the message. You may also obtain assistance by writing to us at HappyWater.

While the majority of questions and issues related to access can be handled quickly, a few complex requests may take more research and time. In such cases, access issues will either be addressed within thirty days or you will be contacted as to the nature of the problem and appropriate next steps.

5. Advertising

HappyWater permits a limited amount of sponsorships and advertisements on its Web sites. No personally identifiable information is passed back to the advertisers as part of this process, but aggregate profile information, such as user community, may be used in the selection of advertising to make sure that it has relevance to the user. On some banner ads an embedded pixel may be present, and while it does not associate with a cookie or other personal profile information, it may return session connection information that allows advertisers to better determine how many individual users have clicked on the ad banner. The privacy practices of advertisers, like other external links, are beyond the control of HappyWater and you should review the privacy policy of any associated site before providing any personal information.

The privacy practices of advertisers, like other external links, are beyond the control of HappyWater and you should review the privacy policy of any associated site before providing any personal information.

6. Security:

HappyWater is concerned with the security of the personally identifiable information we have collected and has in place reasonable measures to prevent unauthorized access to that information. These measures include – policies, procedures, and technical elements relating to data access controls. In addition, HappyWater uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details.

7. Policy Updates

If we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on this Web site notifying users of the change. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

We may update this policy from time to time to describe how new site features affect our use of your information and to let you know of new control and preference features that we provide you.

We appreciate your comments on HappyWater’s privacy practices:info@happywater.my.

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