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HYPE2U TERMS AND CONDITIONS

BY VISITING THE SITE WWW.HYPE2U.COM (“SITE”), THIS AGREEMENT IS MADE BETWEEN HYPE CULTURE SDN BHD (“HYPE2U”) AND YOU (“USER”) (“JOINTLY THE PARTIES AND INDIVIDUALLY A PARTY”). THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO AND USE OF THE SITE, YOUR HYPE2U MEMBERSHIP (“MEMBERSHIP”), AND THE HYPE2U RENTAL SERVICES (“SUBSCRIPTION”). By accessing, using or participating in the above, you acknowledge that you have read, understood and agreed to be bound by this agreement. These Terms and Conditions constitute a binding legal agreement between You and HYPE2U..

I. Modifications to Terms and Conditions

HYPE2U reserves the right to modify these Terms and Conditions at any time and in any manner at our sole discretion. Notice of any modification of these Terms and Conditions will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site, before using, to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes as they may occur, please arrange to cease use of Site and/or to cancel your membership with HYPE2U immediately (a) by notifying HYPE2U of your unwillingness to accept the changes to the Terms and Conditions via email at support@hype2u.com; and (b) by discontinuing your use of the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms

II. HYPE2U Membership Policy

A. General Information

In accordance with these Terms and Conditions, you will be able to access the Site and browse a limited version of the HYPE2U inventory (“Products”) through a Sneak Peek link. Thereafter, if becoming an HYPE2U member, members will gain access to an expansive scope of inventory. Members can browse and choose from the on-line selection of products, rent the allotted number of products each month based on the subscription package selection, and have the products shipped to the member’s address according to the guidelines listed in the Rental Service Policy (Rental Service Policy detailed below). Members also agree to comply with any additional terms, conditions, or policies that HYPE2U may provide on the Site or through direct communications.

B. Becoming a Member

To become a HYPE2U Member and participate in the Rental Service, you must Sign up and “Account” through the Site via the Membership Registration Form. By providing information on the Site, Users give HYPE2U permission to conduct background investigations, including credit information from consumer credit-reporting agencies, as needed. Users agree to provide true, accurate, current and complete information as prompted by the Site’s data collection forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or HYPE2U has any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HYPE2U may suspend or terminate the Membership Registration and refuse to offer any and all current or future use of the Service and the Site. Membership is offered by HYPE2U based on inventory availability. Member is responsible for maintaining the confidentiality of Account and password and for restricting access to both. Member is solely responsible for any activity related to its Account. If Member suspects any unauthorized use of its Account, notify HYPE2U immediately. In order to provide Members with ease of access to its Account, we may place a cookie (a small text file) on the computers from which you access the Site. When revisiting the Site, this cookie will enable us to recognize you as a Member and allow you to more easily access your Account. Members agree to maintain and promptly update information in his or her Member Profile section of the Site to keep it true, accurate, current and complete. An individual must be 18 years old to become registered as an HYPE2U Member. Children under the age of 18 years, but who have at least reached the age of 13 years, may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent HYPE2U products.

If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur. Children under the age of 13 are prohibited from using the Rental Service and parents or legal guardians may not agree to these Terms on their behalf.

C. Cancellation Policy

A member may cancel its annual subscription package by emailing support@hype2u.com. Once a cancellation notice is received, cancellation will be effective as of the 1 st date of the next month. By cancelling an annual subscription. Member understands that he or she will be charged an early cancellation fee. Cancellation Fee will be calculated as 20% of the remaining balance of the annual contract, and will be assessed and due immediately. Additionally, the Rental Service Policy will apply for any outstanding products and fees.

D. Electronic Communications

Member agrees to receive all communications from HYPE2U under this Agreement electronically via email and SMS. Member will keep current email address and phone number updated under Member Profile on the Site at all times, and is deemed to have received any notice sent by HYPE2U to that email address or phone number.

III. HYPE2U Rental Service Policy

A. General Information

Member’s annual subscription plans for rental of products are detailed on the Site. Currently, a member can enrol in our “HYPEBEAST” subscription plan. Subscription plans vary in monthly rates and in monthly product quantity allotted for rent.

B. Monthly Orders

It is the Member’s responsibility to place order each month for desired product. Under the HYPE2U annual membership subscription plans, a monthly fee will be charged irrespective of a Member’s use of the Rental Service in any given month. If Member neglects to place an order one month, Member will still have the right to rent a product that month for the remaining time of the Rental Period. HYPE2U reserves the right to cancel any order at any time prior to shipment to the member. Orders cannot be cancelled once they have shipped, and received a designated tracking number.

C. Shipping and Return Policy

The current shipping policies governing the delivery and return of products are detailed below and subject to be modified at any time. Delivery time for products that a member requests for rent may vary based upon (a) product availability, (b) Member’s geographic location, (c) time of placing order, and (d) other circumstances impacting delivery. While HYPE2U will make every effort to ensure prompt order processing, HYPE2U uses third-party delivery couriers and can make no guarantees as to actual delivery time. Currently orders are only being accepted within the Klang Valley. HYPE2U provides FREE shipping and FREE returns on all of its products. Member can place an order on any day of the calendar month. Product will be shipped by third-party delivery service and cannot be delivered to a P.O Box address. A signature confirmation is required to complete delivery. The risk of loss for shipped products passes to Member upon delivery by courier. All confirmed deliveries are the sole responsibility of the If a Member is unable to locate a confirmed delivery, you are required to contact HYPE2U immediately to begin an investigation into the delivery. Until the results of the investigation are received, HYPE2U will be unable to proceed with resolution of lost item. Member will be provided with pre-paid postage label. At the end of Rental Period, Member agrees to pack products, and return to HYPE2U by using the pre-paid postage label provided for shipment. Items should be returned using a ready box.

D. Ill-Fitting Products

Member is required to maintain current sizes on file in Member Profile. If Member receives product and there are any size concerns, such as an ill-fitting product, a one-time courtesy will be provided for Member to change product size. Member is required to notify HYPE2U immediately at support@hype2u.com and return the product within 24 hours. It is Member’s responsibility to check product completely upon receipt. If no notice is given to HYPE2U within the first 24 hours of delivery confirmation, Member is liable for the product during its entire Rental Period. Member will have an opportunity to re-order for that month, subject to product availability. The HYPE2U Rental Period is from the date of confirmation to the same date of the next month. Member’s rental period begins on the date of delivery confirmation. At the end of the rental period, Member will have one (1) additional day to return the product before late fees accrue. Product must be postmarked within the 5 days of delivery confirmation.

Members will incur a fee of MYR25 per day, for each day that the product is returned late. Member agrees to return product within 5 days of delivery confirmation, and to pay all fees if returning a product late. A product not received in HYPE2U Warehouse within 10 days of delivery confirmation will be treated as a Non-Returned product. Member will be charged late fees + 70% of the retail value of product + applicable taxes for any non-returned products. Member agrees to pay these fees.

H. Damaged Products

HYPE2U understands that slight wear and tear may be inevitable. Any product returned with marking that cannot be wiped off is considered a damaged product. All returned products will be dry-cleaned and inspected by our in- house cleaning and restoration department, which will assess for any damages. If item is damaged beyond repair, Member will be charged a fee of 70% of the retail value of product.

I. RFID Tempering

HYPE2U uses an RFID system to track and safe guard our products from theft. Any product returned with a tempered or missing RFID tag will be considered a sold product. Sold products are charged at 70% of the stated Retail Selling Price on our website. The charges will be made to the Member’s credit card and will be considered as a sold product.

J. Outstanding Charges and Fees

To join as a member, User will be required to provide HYPE2U with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By becoming a member and enrolling in an annual subscription package or a trial package, you authorize HYPE2U to bill your credit card the applicable and corresponding monthly fee, and any other charges you may incur in connection with your use of the Service. Fees will be charged to your credit card as you incur them. If HYPE2U does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, HYPE2U may require you to provide a second valid credit card before continuing to use the services and you authorize HYPE2U to charge outstanding fees and other amounts due against any credit card you have on file with us. HYPE2U reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. HYPE2U reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Service at any time. Upon users becoming a paying member, that membership continues as long as the monthly Subscription continues. HYPE2U or the member can terminate at any time at their discretion.

K. Authorizations

HYPE2U reserves the right to determine whether a Member’s credit card(s) is/are pre-authorized to accept a minimum charge equal to the monthly fee. In the event HYPE2U feels that the amount of available credit is not sufficient to cover the monthly fee, HYPE2U may request a second valid credit card to be provided before continuing to use.

L. Credit Card Security Deposit

HYPE2U reserves the right to collect a security deposit by placing a hold on members’ credit cards, commensurate with the value of the products selected for rental. Security deposit funds will be held on credit card during the entirety of the rental period, and will be dropped at the time products are returned.

IV. User Submissions

Users may be allowed to post reviews or comments concerning the Service or the products on the Site. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of HYPE2U or any of its representatives. HYPE2U reserves the right to delete any content, in whole or in part, that violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Under no circumstances will HYPE2U or its representatives be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is the User’s responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site. By posting or providing information on our Site, you represent and warrant that public posting and use of your Submission or information by HYPE2U will not infringe on or violate the rights of any third party.

V. Disclaimers of Warranties; Limitations on Liability

A. Authenticity Guarantee HYPE2U stands behind the authenticity of all of its products. Each product found on www.HYPE2U.com is guaranteed to be a 100% original brand name. HYPE2U only rents genuine brand name products, and will never rent knockoffs or imitations.

B. Disclaimer of Warranties

The products provided under the rental services, and the Site and its contents, are provided “as is”. Members are aware that products will be “used” by other Members, and thus not in a brand-new condition. While all products are guaranteed as authentic brands, HYPE2U makes no additional representations or warranties of any kind with respect to the Service, products provided with or sold by the Service, the Site, or any contents therein. HYPE2U assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any products contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by HYPE2U, or any conduct by users of the Site. HYPE2U reserves the right to refuse to ship products in its sole discretion. HYPE2U EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, HYPE2U does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

C. Limitation of Liability

HYPE2U AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. HYPE2U AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING,CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE.

NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. HYPE2U AND ITS AFFILIATES SUPPLIERS AND THEIR RESPECTIVE OFFICERS  DIRECTORS SHAREHOLDERS EMPLOYEES & AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE SITE OR THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO HYPE2U BY YOU UNDER THIS AGREEMENT. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HYPE2U TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE.

VI. INTELLECTUAL PROPERTY

A. Geneal Information

You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to HYPE2U that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HYPE2U or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. Any trademarks not owned by HYPE2U that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HYPE2U. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HYPE2U content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HYPE2U and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HYPE2U or our licensors except as expressly authorized by these Terms.

B. Advertisements

HYPE2U may provide, or third parties may provide, links to other Web sites or resources. HYPE2U makes no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. HYPE2U IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

User’s correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser or partner.

User agrees that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. Please review our Privacy

VII. DISPUTE RESOLUTION

A. Mandatory Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Malaysian Law, conducted by a single neutral arbitrator and administered by the Laws of Malaysia, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Laws of Malaysia governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

B. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person & claims, and may not otherwise preside over any form of a representative or class

C. Indemnification

You agree to indemnify, defend and hold harmless HYPE2U, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HYPE2U reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HYPE2U in asserting any available defence.

D. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HYPE2U SDN BHD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HYPE2U SDN BHD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. HYPE2U SDN BHD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPE2U SDN BHD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THESITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HYPE2U OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

E. Actual Damages

In the case of a failure to pay any debts or to return any product(s) when due to HYPE2U (hereinafter, you will be liable to HYPE2U for its ACTUAL DAMAGES, including but not limited to the LATE FEE for each product until said product is received by HYPE2U in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration, stated above, after the date of default, then HYPE2U at its option may alternatively charge you 70% of the retail value as maintained by HYPE2U for that item, plus late fees and taxes, or seek to recover the wrongfully-retained item plus all fees owed to the date of recovery of the undamaged item. If suit is filed, HYPE2U may assert these measures of damage simultaneously.

F. Liquidated Damages

You agree that HYPE2U is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES if HYPE2U commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a RM200 per-item charge for each item that remains unpaid and/or unreturned at the time that HYPE2U commences collection or legal action, which sum is intended to compensate for the expenditure of HYPE2U's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where HYPE2U has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then HYPE2U's LIQUIDATED DAMAGES will also include an additional 70% of retail value charge after the date of default. This second, the default period is intended to provide a reasonable estimate of HYPE2U’s loss of inventory and income caused by your wrongful retention of HYPE2U’s property. You understand and agree that the LIQUIDATED DAMAGES of (i) RM200 per item plus (ii) the 70% retail value of products that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate HYPE2U for the loss of its internal resources, inventory and future HYPE2U income.

G. Attorneys’ Fees

If HYPE2U commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorney’s fees and expenses of litigation. You further agree that HYPE2U will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and its LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.

H. Reservation of Rights

HYPE2U expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.

VIII. TERMINATION/ACCESS RESTRICTION

HYPE2U reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the Laws of Malaysia and you hereby consent to the exclusive jurisdiction and venue of courts in Malaysia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HYPE2U as a result of this agreement or use of the Site. HYPE2U's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HYPE2U’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HYPE2U with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HYPE2U with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HYPE2U with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.