TERMS OF SERVICE

By using Exaira.com website (referred to as “Exaira.com” or the “Site”) or opening a new account with Exaira.com, you (“you” or “Customer”) are agreeing to be bound by the following Terms and Conditions (“Terms of Service”). This Terms of Service is a legal agreement (“Agreement”) between you and Exaira.com, a wholly-owned subsidiary of Exaira Hidayah Enterprise (“Exaira” or “us”). We reserve the right to change or modify the Terms of Service as needed or required by law from time to time without notice. It is your responsibility to review this Terms of Service periodically. By continuing to access or use Exaira.com after any such modifications, you agree to be bound by the terms of the amended Agreement.

All services provided by Exaira are described in our Site and they are referred to in this Agreement as “Services”. Any new features that enhance or amplify the current Services, including the release of new resources and tools, shall be subject to this Terms of Service. Continued use of the Service after any changes shall constitute your consent to such changes. As a condition of your use of Exaira.com and its Services, you represent and warrant to Exaira that you will not use this Site or the Services for any purpose that is unlawful, illegal, unauthorized, immoral or prohibited by these terms and conditions.

While we will use reasonable efforts to include accurate, complete and up-to-date information on the Site, we make no warranties or representations as to the accuracy, timeliness or completeness of any information or Services found on Exaira.com. We do not warrant that this Site will always be accessible, uninterrupted, timely, error-free or free from computer viruses or other invasive or damaging code and plugins or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.

Please read carefully the entire terms and conditions before you use Exaira.com. If you do not agree to all the terms and conditions in this Agreement, you may not use Exaira.com and our Services. Violation of any of the terms will result in the suspension or termination of your Account, depending on the terms and situation. By using the site, you are deemed to have read and accepted these terms and conditions.

USER GUIDELINES

You agree to comply with the following guidelines when using this Site:

  • You may not harass, abuse, threaten, defame, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • You may not post, publish, distribute, advertise, disseminate, or upload any infringing, obscene, defamatory, indecent, offensive, abusive, inflammatory, objectionable, or unlawful material or information.
    • You may not post, publish, distribute, advertise, disseminate, or upload any information that may infringe any trademark, patent, trade secret, copyright, or other intellectual property rights (or any rights to privacy and publicity) of any other person or entity.
    • You may not post, publish, distribute, advertise, disseminate, or upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, plugins, or programs that may damage the operation of another’s computer, our server or the Site.
  • You may not modify or delete any author attributions, legal notices or proprietary designations or labels in any information that is posted, published, distributed, advertised, disseminated, or uploaded.
  • You may not falsify the origin or source of information or material posted, published, distributed, advertised, disseminated, or uploaded.
  • You may not impersonate any person or entity (including Exaira or its employee or agent), or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You may not download any material or information posted, published, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
    • You may not provide Personal Information, as that term is defined in the Privacy Policy, of another person without his or her express permission.
    • You may not provide Personal Information, as that term is defined in the Privacy Policy, of individuals under the age of 13.
  • You may not access or attempt to access Exaira.com’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
  • You may not attempt to evade or subvert system or network security mechanisms or probe the security of any system, network, or account associated or used in conjunction with the Site.
    • You may not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real-time activities through the Site.
    • You may not use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
    • You may not use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
    • You may not use any device, software, or routine that interferes with the proper working of the Site.
    • You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Please do not post any Personal Information on publicly accessible areas of the Site as that term is defined in the Privacy Policy. If you elect to post any information to publicly-accessible areas of the Site, you hereby grant to Exaira.com an irrevocable, perpetual, worldwide, fully-paid-up, and royalty-free to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information for any reason whatsoever.

TERMS OF USE

Account & Registration

  • Before you register and use our Services, you must read, agree and accept all of the Terms and Conditions and Privacy Policy, which includes those terms of use expressly in this Agreement and those incorporated by reference.
  • You must be 18 years old or older to register and use the Services. Our Services are not available to persons under the age of 18.
  • You must be a human to use our Services. Accounts registered by “bots” or other automated methods are not permitted and those accounts will be terminated without advance notice.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. You must agree to maintain and update the information about yourself to keep it accurate, true, current and complete. If you provide any information that is inaccurate, untrue, not current and incomplete, or we suspect that the information you have provided is inaccurate, untrue, not current or incomplete, Exaira has the right to suspend or terminate your access or account.
  • If you are registering on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.
  • Exaira will not use your personal information for any purpose other than providing our Services to you. Your personal information will never be sold to another party or entity. We may send occasional informational emails regarding our Services. You can opt-out of these emails by clicking the unsubscribe link or button on those emails that were sent out to you.
  • You or a legal entity, including a business entity, may not create and maintain more than one account. If Exaira has reasonable grounds to suspect that you or a legal entity created and maintained more than one account, we have the right to suspend or terminate your access and refuse you any and all use of the Services and the Site.
  • You agree to comply with our security verification process. Upon successful registration, you will have to verify your email address. We will send you a verification email to your email inbox and you will have to verify your email address by following the given instructions in the email. You are not permitted to log in to your Account until you have successfully completed the verification process.
  • You are responsible for maintaining and safeguarding the security of your account and password. You agree not to disclose your password and your personal information on Exaira.com to any third party. You agree to take sole responsibility for any actions or activities under your password and personal information, whether or not you have authorized such activities or actions. You will immediately notify Exaira.com of any unauthorized use of your password and personal information. Exaira cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • Accounts with inactivity of greater than 2 years will be deemed abandoned and dormant. We will close the dormant account on your behalf. If you have an outstanding balance with us, you will be notified through email and you must pay the balances to us within 2 weeks after we have closed your Account. A legal action will be taken if you refuse to follow this Agreement.

Pricing & Payments

  • The costs for the Services are listed on the Site at https://www.exaira.com/pricing/.They are subject to change from time to time at our discretion.
  • All payments will be calculated in US Dollars (USD) before they will be converted into Malaysia Ringgit (MYR). All final payments can be made in Malaysia Ringgit or US Dollars. The conversion rate will be stated during checkout or on your invoice.
  • You must make payments via your own account and using only payment methods owned by you. You may not make payments using accounts owned by others. We reserve the right to terminate your account or limit your account access until such discrepancy is corrected.
  • Any deposit payments will be applied to your Account when they are received by us. We will only proceed with the requested Services once we have received the payments.
  • All service fees will be applied to your account at the time services are performed by us. We will collect payment for all shipping costs in addition to all outstanding service fees at the time you request shipment of your items. You can make final payments to us at any time. Your items cannot be shipped until the full payment has been made.
  • Service fees for correctly executed services are non-refundable except at our discretion.
  • We reserve the right to change prices for any service provided by us without advance notice.
  • Customer is responsible for reviewing all charges from Exaira. Any suspected discrepancies in billing must be reported to us within 30 days of the billing date. After 30 days, no charges are refundable.

The U.S. Address and Our Facilities

  • Upon completing registration and email verification, you will be given a U.S. shipping address for which you may then provide to the online sellers or merchants as a delivery address (“U.S. Shipping Address”) when making purchases. You must use the given full name and full address at checkout when ordering any items for delivery to our logistic partner’s warehouse (“Warehouse” or “Facility”). 
  • For Super Saver plan customers, you will have to request the U.S. Shipping Address by providing your email address and agree to get the U.S. address for sea freight shipping. You will then be given a U.S. Shipping Address in Iowa where our Facility in Iowa is located.
  • You authorize us to accept delivery of packages or items at the U.S. Shipping Address on your behalf and appoint us as your freight forwarders or agents to ship the packages or items to the address designated by the Customer (“Shipment Address”) in accordance with these Terms and Conditions. Exaira has the right to open and inspect your packages without prior notice.
  • In spite of any provisions in this Terms and Conditions, we reserve the right at all times to refuse or decline to accept delivery of any purchases or packages or consolidation or return of any items as we deem appropriate in our absolute discretion and without attributing any reason thereto.
  • You must fill out and submit the Shipment Ticket to us once you have made a purchase online. Shipment Ticket is used to identify the incoming packages to the Warehouse or the given address.
  • Each package sent to the Facility must be addressed correctly. The given full name and full address must be written on each package. If a package arrives with an incomplete or incorrect address (for example missing suite number or misspelled name), Exaira will try to determine whom it belongs to by looking at the submitted Shipment Tickets. If the owner of the package cannot be identified or did not submit the Shipment Ticket, the package will be disposed of at the sole discretion of Exaira.
  • Our obligations and Services begin when your packages or items are physically delivered to the Warehouse at the specified U.S. address on your Account. We are not responsible for items that are not delivered to the Warehouse for any reason.
  • Our Services are limited to handling, purchasing, storage and shipment of your packages or items. All purchased items made by you are solely your property and the condition of those items is solely your responsibility. Any problems related to your items’ condition at the time of delivery to our logistic partner’s warehouse are solely between you and the merchant of the items if you made the purchases.
  • Upon request, Exaira will open and take photograph the contents of a package, allowing you to confirm the merchandise is correct and in good condition before requesting to ship the package out at an additional cost of $2.50 per package.
  • We are not responsible for items missing a consolidated package without proof that the missing item was received by us. Correspondingly, we strongly urge you to submit a special request for us to check and photograph the contents of each package upon arrival to allow you to confirm that all expected items are accounted for. All photo requests need to be requested prior to consolidation. 
  • You will receive 60 calendar days of free storage for which the first 30 calendar days in the USA and 30 calendar days upon arrival of your packages or items at our Seremban Hub (“Hub”) in Malaysia. If a package needs to be stored longer than the allotted time, you may purchase up to 15 days of storage fee for $20. If you do not purchase the extra days when your package storage time expires, your account will be billed a storage fee at a rate $2 per day. 
  • All packages or items will be considered abandoned if not shipped within 60 calendar days in the US or if not claimed or fully paid within 30 calendar days in Malaysia and they will be disposed of immediately.
  • Packages that have been packed but not shipped or fully paid within 7 calendar days will be billed a storage fee at a rate of $2 per day. After 30 days, the packages will be considered abandoned and will be disposed of immediately.
  • If a package is consolidated or combined with another package, the storage limit will be based on the date of the oldest or first package arrival. We will not reset the storage time when adding a package to a consolidated package.
  • You are responsible for ensuring that items delivered to the Warehouse do not exceed the specified limits or maximum weight and dimensions. The weight of the items for Economy and Standard plans must not exceed 50 lbs (23 kg) and the linear dimension (total of Length + Width + Height) must not be greater than 80 inches (203 cm). Some large items may be impossible to ship using our shipping methods except our Super Saver plan. Oversized packages are required to be divided, reduced, disposed of or returned to the vendor if such packages are beyond the limits of our carriers. You will be solely responsible for any additional shipping charges or penalties billed to us by the carriers.
  • We can return items to the merchant or seller within the United States at your request in accordance to the merchant’s return policy especially for items that arrive damaged or incorrect. You are responsible for all shipping costs associated with your return shipment plus a $8 fee for every shipment we ship on your behalf. Any required RMA documents or prepaid return shipping labels can be submitted to us for use on your return shipment. Your Account will be billed once the merchant receives the returned package and we have confirmed the refund.
  • You are solely responsible for communicating with sellers of items delivered to our Warehouse. However, we offer a simple mediation service for a fee of $2.50 per incident. If you elect to use our mediation service, we will communicate with you to establish all details of the inquiry, then contact the seller on your behalf to discuss resolution options.

Shipment and Deliveries

  • We use standard U.S. units of measurement (i.e. pounds (lbs) and inches (in)). We may from time to time offer the equivalent measurements in metric units (i.e. kilogram (kg) and centimeter (cm)) for your convenience. However, the U.S. unit of measurement is used for all calculations.
  • Exaira’s customers mainly use our Services only for packages and not for forwarding of letters, magazines, catalogs or items received by the U.S. Mail. Our default procedure is to discard or dispose of all mail that we receive because there are special requirements and handling for receiving and forwarding the U.S. Mail.
  • We will prepare your items for shipment upon your request. Our standard packaging service includes a shipping box and shipping tape. Packing options for extra protection and additional safety, such as bubble wrap or stretch wrap, void fill and fragile stickers are available at extra cost. These options will be presented to you for selection at the time you submit your request pack at checkout. Any fees for extra packing options will be billed to your account at the time they are performed and the fees are not refundable once billed.
  • After we receive your request to ship, we will pack the requested items. You can cancel a pack request after submitting it. If the pack request has been executed prior to your cancellation request, your account will be billed a fee of $5. If the pack request has not been executed, you will not be billed.
  • Exaira ships only by the shipping methods offered shown on the Pricing page of Exaira.com. Exaira is not responsible for the actual shipping service that is chosen by you. All terms and conditions of the selected shipping service (FedEx, USPS etc.) apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume. 
  • We reserve the right to reject pack requests that cannot be completed due to inadequate documentation, physical size limits, noncompliance with Exaira or carriers terms, or any other applicable cause at our discretion. We will inform you of the reason for cancellation and present you with options for resolving the situation.
  • Exaira may provide estimated delivery timeframes for your convenience. These are general estimates based on average times, and not guarantees. Some shipments may be delivered outside of these estimates. Keep in mind, shipping speed is not guaranteed, and there is no compensation for shipping delays or delivery timing.

Shop4Me Service

  • Shop4Me service serves to fulfill your personal shopping requests from any stores in the USA, including online, outlet and brick-and-mortar stores by providing the shopping assistance based on your preferences. Basically, we can assist you to purchase products or items in the U.S. on your behalf for delivery to our Facilities.
  • However, we are not responsible for the quality of the goods, delivery issues, warranties, back up orders etc. Exaira is not responsible if the purchase cannot be made for any reason.
  • The processing fee for this service will be $4.25 plus commision 6.5% of the total price of the order. In certain cases, some stores do not deliver orders to our Facilities and there is an additional $1.50 per pound of handling fee.
  • Shop4Me orders are limited to a total value of $2,500. If the total orders will be higher than $2,500, there will be an extra commision of 2.5% of the remaining total price of the order minus $2,500.
  • You are responsible for submitting the Shop4Me Request Form to provide us all optional details, including sizes, colors, capacities, desired features, etc. and also a RM200 deposit. We will then purchase only items that are matching exactly those that you have requested. We will not complete the purchase if we do not receive the deposit of RM200. If we cannot determine the correct configuration, we will not complete the purchase as well until we have confirmed the details of the items that you wish to purchase.
  • Infrequently, the price of the products or items may change between the time we receive your request and the time we attempt to purchase on your behalf. If the price of requested items at the time we attempt to purchase is higher than the price expected, we will not purchase the items without confirmation from you. If the price of requested items at the time we attempt to purchase is lower that the price expected, your Account will be billed for the lower amount.
  • If you would like to return a Shop4Me item that has been purchased, you will be responsible for all return shipping charges not covered by the vendor’s return. We cannot refuse delivery of any unwanted package. Any refund made by the vendor will be applied to your Account at the time it is received by us.
  • Shop4Me items are not sold to you by us. Our role is acting as your proxy to purchase items which you specify on your behalf. Shop4Me items are sold to you by the vendor of your choice.
  • We do not process any rebates or cash back offered by the merchants or sellers in any form to you. All product or item warranty issues must be taken up directly with the merchant.
  • We provide no guarantee or warranty of any kind for any Shop4Me item. We will not be responsible under any circumstances for damage prior to arrival to our Warehouse, incorrect items, items in condition not described by the vendor, items lost before delivery to our Facilities, or any other issue related to the condition, characteristics or delivery to our Warehouse of a Shop4Me item.
  • You agree that, in the event that you initiate a payment dispute or chargeback action against payment method used to fund Shop4Me purchases, you cede ownership of any such such Shop4Me item to us, and your Account is subject to restricted access until the issue can be resolved.
    • By using our Services, you agree to be bound by our policies regarding refunds, insurance and claim for compensation. Claims for compensation that fall outside our Terms and Conditions will be denied. You agree not to file a chargeback or other payment dispute for compensation not covered by our Terms and Conditions. In the event that a chargeback or other payment dispute is filed, your Account will be closed and we will not provide future Services to you.

Prohibited Items

  • By registering for our Services, you agree not to use our Service to store or ship any prohibited items. Prohibited items include, but not limited to, the following:
    • Guns and explosives, including parts, ammunition, and imitations. Example: rifles, pistols, gun holsters, scopes, mounts, stocks, barrels, grips, rings, magazines, reloading presses and press kits, any other materials or equipment used for making guns or ammunition, dynamite, firecrackers, replica guns, toy guns, BB guns, paintball guns, etc
    • Weapons and weapon parts. Example: swords, axes, bayonets, knives, bows and arrows.
    • Alcohol, tobacco, prescription drugs, any illicit or controlled substance or paraphernalia. Example: narcotics, psychotropic substances, cigarettes, cigars, pipes, hookah, hookah accessories, rolling paper, liquors, beer, wine, any equipment or materials used for making alcohol and tobacco products.
    • E-cigarettes, vaporizers, any related parts or paraphernalia. Example: vape pens, vape kits, box mods, vape juices, e-liquids, liquid flavors, coils and wires.
    • Nail polish, paints & other flammables
    • Lithium metal batteries
    • Loose Lithium-ion batteries may only ship to certain countries (see Restricted Items section) Examples: power banks, phone cases with built-in batteries, spare batteries for consumer electronics
    • Flammable and combustible substances of any kind. Example: paint, nail polish, gasoline, other fuels, matches, lighters, fire-starter kits, used tools or car parts that contain fuel fumes
    • Pressurized substances. Example: spray deodorant, hair spray, spray paint, or any other aerosols.
    • All substances in powdered form
    • Chemical, corrosive, radioactive, and toxic substances of any kind. Example: pesticide, herbicide, poison, acid, hazardous waste.
    • Animals, animal organs or substances.
    • Human organs and/or substances, and blood and blood parts.
    • Perishable items.
    • Plants of any kind and in any form, including seeds
    • Precious stones of any kind, except for jewelry
    • Drones or drone parts of any kind.
    • Banknotes, securities, traveler’s checks, currency, cash equivalents of any kind
    • Materials of a pornographic nature, or intended to spread hate propaganda
    • Any item prohibited by the carrier company.
    • Copyright infringing materials.
    • Any item prohibited by any law, regulation, state, or local government.
    • Any other item that we, at our discretion, believe to be potentially dangerous, hazardous, or illegal.
  • Restricted items: The following items can be shipped only under specific conditions and may require special fees, permits, and procedures:
    • Products under cosmetics category can be shipped only with special packaging and will require additional fees. Example: Perfumes, body wash, soap, lotion, deodorant, body mists, shampoo, compact powder, lipsticks, blusher, eyeshadow and many more. A maximum of two (2) items quantity is allowed in a shipment for import into Malaysia. For large quantity, a special import permit must be obtained from the National Pharmaceutical Regulatory Agency (NPRA) prior to the import.
    • Devices with Lithium-ion or Lithium-metal batteries can be shipped only if the battery is installed inside the device or packed with the device in its original manufacturer packaging. We will not combine or pack devices with batteries that have been purchased and received separately.
    • Loose lithium-ion batteries and power banks may only be shipped with additional fees
    • Smartphones and tablet devices must have an import permit, additional permit application fees will be required
    • Jewelry and watches can be shipped only if their value does not exceed $1000
    • Vehicles and motorcycle parts must have an import permit, additional permit application fees will be required 
    • Materials of erotic nature are strictly prohibited in Malaysia.
  • Risky items: The following items can be shipped only under your own responsibility. Risky items are uninsurable. Exaira will not be responsible for any financial loss resulting from damage to these items in transit:
    • Eyeshadows and eyeshadow palettes.
    • Any items that can be damaged as a result of temperature fluctuations.
    • Containers with oil.
    • Extremely fragile items. Example: glass containers, light fixtures and light bulbs, kitchenware, sculptures. If we receive any prohibited items on your behalf, we will inform you of the situation immediately. You will have a period of five business days to remove the item from our warehouse using a supported method, including returning the item to the original point of sale or other address within the United States. After the expiration of this five-day period, any items will be considered abandoned and will be disposed of. Any prohibited items which cannot be shipped within the United States due to carrier restrictions or local laws will be disposed of immediately. We are not liable for financial damages resulting from such disposal.

Import and Export

  • You must acknowledge and agree that our Services do not include customs or taxes (except where clearly stated). We may pay any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to your shipment on your behalf based on the bill that we receive from the carriers or the Royal Malaysian Customs Department (RMC) due to our nature of business, however, you are solely responsible for the payment. All customs and taxes related payments will then be billed to your Account. We reserve the right to hold your packages until you have fully paid any and all customs and taxes related payments.
  • You are responsible for determining and following the regulations for your shipments, including all customs requirements. Exaira does not guarantee delivery of packages that do not comply with U.S. export regulations or Malaysia import regulations.
  • You are responsible for ensuring that the values and description are complete and accurate before shipping your items. You must provide a customs description and customs value for each item in your outgoing shipping. We will not be responsible for delays, penalties or damages of your packages caused by inaccurate customs declarations.
  • In cases where packages are returned to us due to issues related to customs documentation or import regulations, duties or taxes, you will be responsible for all return shipping charges. If we are billed for such charges by the carrier, we will apply the charges to your account.
  • Your packages are subject to inspection by RMC authorities and United States export authorities. You agree that you are solely responsible for the accuracy of customs documentation for your packages, and you are solely responsible for adherence to all applicable laws of the United States and our local jurisdiction.

Promotions (CNY 2020)

  • You must acknowledge and agree that our promotion is valid only on the stated dates or days on our Homepage (25-28 January 2020).
  • The promotion discount can only be applied to the shipping rates of all air freight shipping plans. All other costs such as Shop4Me, ELIPSE and Insurance are not included in the promotion offer.
  • This promotion is only applicable to all existing customers. New customers are still entitled to get 20% off air freight shipping rates.
  • All new and existing customers must submit Shipment Ticket or Shop4Me Request between the stated dates or days to be qualified for the promotion discount. Exaira will automatically apply the offer to your invoice.

Termination

  • You agree that in Exaira’s sole discretion, may terminate your access to any of the Services, and/or discard, remove or modify any content within the Services, for any reason, including, without limitation, for lack of use or if Exaira believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
  • You agree that any termination of your access to our Services may be affected without prior notice, and acknowledge and agree that Exaira may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
  • If you use the Site in violation of this Agreement, Exaira may in its sole discretion, retain all data collected from your use of the Site.
  • You agree that Exaira shall not be liable to you or any third party for the termination or discontinuation of your access to the Site and the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
  • If Exaira terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold Exaira harmless and your agreement that any claims you have against Exaira will be barred after one year from the date they accrue, will survive such termination.
  • You can cancel your account at any time by contacting us. We can cancel your Account or otherwise refuse the Services to you at any time for any reason (including repeat infringement).

Indemnity

By choosing to use Exaira.com, you agree to indemnity Exaira, its teams, officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through the Site; 2) your use of or connection to Exaira.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY EXAIRA HIDAYAH ENTERPRISE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EXAIRA HIDAYAH ENTERPRISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXAIRA HIDAYAH ENTERPRISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXAIRA HIDAYAH ENTERPRISE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM EXAIRA HIDAYAH ENTERPRISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXAIRA HIDAYAH ENTERPRISE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS. SUCH LIMITATIONS MAY APPLY TO YOU. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES SURVIVE INDEFINITELY AFTER THE TERMINATION OF THIS AGREEMENT.