Terms and Conditions Terms and Conditions PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE TOGA EXCHANGE OFFICIAL WEBSITE (“Toga Exchange Website”). By accessing the Toga Exchange Website, you agree to be bound by the following terms and conditions. 1. TERMS AND CONDITIONS - The Terms and Conditions may be updated by Toga Limited and its group of subsidiary companies (“Toga Group”) at its sole and absolute discretion from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Toga Exchange Website and all websites of Toga Group to check for updates. Your continued use of this Website and any pages hereof shall be deemed as your acceptance of any changes, amendments and/or variations. Toga Limited and Toga Group further reserves the right to change, suspend or discontinue any aspect of this Website without prior notice to you. - Your access to and use of this website shall be governed by the Terms and Conditions set out below (“Terms and Conditions”). Please read and understand the Terms and Conditions carefully before using this Website. Your continued access, review or use of this Website shall be deemed as your acceptance to be bound by the Terms and Conditions without limitation/qualification. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE. 2. THE TOGA EXCHANGE WEBSITE - The contents of the Toga Exchange Website are intended for your personal non-commercial use only. The Toga Exchange Website and the contents thereof, whether wholly or in part, may not be used for any non-personal or commercial purposes. Toga Limited and Toga Group strictly prohibits any alterations, copies made for commercial or non-personal purposes, distribution, transmission, display, performance, reproduction, publishing of any part of the Toga Exchange Website and any other websites of Toga Group in any manner whatsoever without the prior written consent of Toga Limited. - All materials published on the Toga Exchange Website (including but not limited to articles, features, photographs, images and illustrations, collectively known as “the Content") are protected by copyright laws, trademarks or other information and intellectual property rights,and are either owned or controlled by Toga Limited and Toga Group , or the party credited as the provider of the Content. - You undertake not to post in the Toga Exchange Website any materials that are or could reasonably be construed as: (i) false; (ii) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (iii) in breach of any obligation of confidence or privacy or any trade secret; (iv) infringing the proprietary rights of any third party or for which you have not obtained all necessary licenses and/or approvals; or (v) violating any other law. - You also agree not to transmit to the Toga Exchange Website any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world. - Toga Limited and Toga Group reserves the right to remove any materials from the Toga Exchange Website, where it reasonably suspects that such materials are prohibited by these Terms and Conditions or are otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that Toga Limited and Toga Group has no control over content on the Toga Exchange Website provided by other users, nor does it purport to monitor the content of the Toga Exchange Website, to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions. This website and the contents and information on it is operated by Toga Limited and Toga Group. 3. OTHER WEBSITES - For your convenience and information, the Toga Exchange Website also provides links to other sites operated and controlled by third parties (“External Websites”). We shall not be responsible for the availability of these external resources or their contents, and shall not be liable for any information or services which may appear on such External Websites. The content on such External Websites will not have been developed, checked for accuracy, or otherwise reviewed by Toga Limited and Toga Group. Any hyperlinks to any External Websites are provided only as a matter of convenience to you and shall not be deemed as an endorsement or verification of such websites and such External Websites should be accessed at the user’s own risk. You should also be aware at all times that the terms and conditions appearing on each and every External Websites and the External Websites’ privacy policies may differ from those applicable to your use of the Toga Exchange Website. Toga Limited and Toga Group is not a party to any contractual arrangements entered into between you and the provider of the External Websites unless otherwise expressly specified or agreed to by Toga Limited and Toga Group in writing. - You hereby duly agree and accept that under no circumstances will you hold Toga Limited and Toga Group liable for any loss or damage caused as a result of your access to the External Websites. Toga Limited and Toga Group shall also not be responsible for any damages or losses caused as a result of the following:- - The use of or reliance on any content, goods or services available on the External Website; - any delays, defects or omissions that may exist in the services, information or other content provided in such External Websites, whether actual, alleged, consequential or punitive. - Toga Limited and Toga Group makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. 4. USE OF YOUR PERSONAL INFORMATION - If you choose to provide us with any of your personal information, such personal information shall also be governed by the terms and conditions set out in our Personal Data Protection Notice. Toga Limited and Toga Group shall deal with your data and personal information in accordance with the Personal Data Protection Notice as may be amended or supplemented from time to time. You hereby confirm that you have read and understood the Personal Data Protection Notice and have accepted the terms and conditions. For the most current version of the Personal Data Protection Notice at all material times, please refer to the posting on the Website. Toga Limited and Toga Group does not control the use of your personal information that you may share with the External Websites. You are advised to make yourself aware of their respective terms and conditions in this respect (if any). 5. YOUR SUGGESTIONS, COMMENTS AND FEEDBACK - Any communication from you sent to Toga Limited and Toga Group’s Website or otherwise to Toga Limited and Toga Group by electronic mail shall be treated as non-confidential. Your comments, suggestions, questions, feedback and the like regarding the Content and/or our services in general, including any ideas, inventions, concepts, techniques or know-how disclosed therein may be used by us for any purpose, including the developing, manufacturing and/or marketing of goods and/or services, and in such circumstances you are not entitled to any reward or compensation of whatever nature from us. FOR THIS PURPOSE: WE RESERVE EXCLUSIVE RIGHT whenever necessary to disclose your personal information within our own offices or to authorized agents or government/ egulatory authorities. 6. DISCLAIMER - The information provided on the Toga Exchange Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws or regulations or which would subject Toga Limited and Toga Group to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in the Toga Exchange Website constitutes a solicitation or offer by Toga Limited and Toga Group to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service whatsoever and the Toga Exchange Website cannot under any circumstances be relied upon for investment dealings of whatever nature. You are advised to obtain separate independent professional advice before making any decision to trade/invest in securities or invest in any financial instruments. - Whilst every care has been taken in preparing the information materials contained in the Toga Exchange Website, the information on the Toga Exchange Website is provided on an “as is” basis without any warranty or indemnity of any kind either expressly or implied, including but not limited to any implied warranties or indemnities or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms, warranties and indemnities are hereby excluded. - Toga Limited and Toga Group will not be held responsible for any loss or damage that could result from interception by any third parties of any information made available to you via the Toga Exchange Website. Although the information provided to you on the Toga Exchange Website is obtained or compiled from sources we believe to be reliable, Toga Limited and Toga Group cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Toga Limited and Toga Group, nor any of its directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you may incur in the event of any failure or interruption of the Toga Exchange Website, or resulting from the act or omission of any other party involved in making the Toga Exchange Website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Toga Exchange Website or the materials or information therein, whether or not the circumstances giving rise to such cause may have been within the control of Toga Limited and Toga Group or of any vendor providing software or services support. - In no event will Toga Limited and Toga Group or any such parties be liable to you for any other damages of any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Toga Limited and Toga Group or any other party have been advised of the possibility thereof. - Nothing in our Website constitutes an offer to sell any securities and other goods or services of whatever nature and cannot under any circumstances be relied upon for investment dealings of whatever nature. - If any provision of these disclaimers and exclusions shall be unlawful, void or any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. 7. LIABILITY - By using our Website you are deemed to have agreed and accepted that Toga Limited and Toga Group will not be held liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our Website or from your access to the linked External Websites. Toga Limited and Toga Group shall also not be liable for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. - You hereby undertake to fully indemnify Toga Limited and Toga Group for any damages, losses, expenses and cost that may arise as a direct or indirect consequence of a breach on your part of any provisions of these Terms and Conditions, in addition and without prejudice, to any other right that Toga Limited and Toga Group may have as contained herein. - In the event that we fail or neglect to enforce any provision or remedy as provided in these Terms and Conditions, we shall not be construed as a having waived our rights to enforce the same. 8. EXCLUSIONS - The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws. 9. APPLICABLE LAW AND JURISDICTION - These Terms and Conditions and the Toga Exchange Website’s Content shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.