SUBSCRIPTION AGREEMENT DRAWZANIA.COM

This Online Services Subscription Agreement (the “Agreement”) is by and between Drawzania.com with you (the “Subscriber”). This Agreement shall be effective as of the date of electronic execution (“Effective Date”). Each of Drawzania.com and Subscriber is a “Party” and together they are the “Parties”.

WHEREAS, Drawzania.com has developed and maintained an integrated suite of Internet based services allowing subscribers to dynamically use (either; the LITE, PREMIUM or DELUXE platforms of drawzania.com (the “Services”). These Services are provided by Drawzania.com at the web site, www.drawzania.com (the “Site”). If Subscriber continue to browse and use the Site Subscriber are agreeing to comply with and be bound by Drawzania.com’s terms and conditions of use.

NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:

LICENSE GRANT

License to Use Service. Drawzania.com hereby grants to Subscriber a limited, personal, nonexclusive, nontransferable, revocable worldwide license (the “License”) to access and use the Services in accordance with this Agreement. All rights not expressly granted to Subscriber under the License are reserved by Drawzania. The License granted to Subscriber pursuant to this Agreement will permit use of the Services by the Subscriber ONLY (“End-users”) specified in the payment summary screen.
If there are any conflicts between this Agreement and the details of the license in the payment summary screen, the details of the license in the payment summary screen shall prevail.

Password. Subscriber will issue/generate his/her user name and password as an End-user within the Services platform. The License to use the Services by SUBSCRIBER may not be shared or used by more than one individual. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Drawzania.com Site or in connection with Drawzania.com Services may result in immediate suspension or termination of End-user accounts pursuant to Section 8 of this Agreement and may give rise to a claim for damages and/or be a criminal offence. Subscriber will: (i) notify Drawzania.com immediately of any unauthorized use of any password(s) or account(s) or any other known or suspected breach of security; and (ii) report to Drawzania.com immediately and use reasonable efforts to stop immediately any copying or distribution of Site content (“Content”) that is known or suspected by Subscriber’s End-users.

Limitations on Use. The content on the Site and within the Services (the “Content”) is for use by Subscriber ONLY. Except as permitted by this Agreement, the Content may not be decompiled, reverse engineered, disassembled, transferred, distributed, resold, sublicensed, or used to create any derivative works. Subscribers may not use any network monitoring or discovery software to determine the Site’s or Service’s architecture, or extract information about usage or individual identities of users. Subscriber may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site, Services, or its Content, without first receiving Drawzania’s prior written consent. Subscriber may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any non-End-user third party the Services or the Content in any way; (ii) modify or make derivative works based upon the Site, Services, or the Content; (iii) create Internet “links” to the Site or Services or “frame” or “mirror” any Content on any other server or wireless or Internet-based device. Subscriber may use the Site and Services only for its internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, Services, or the data contained therein; or (v) attempt to gain unauthorized access to the Site, Services, or its related systems or networks.

Any reference made by Drawzania.com in this Site to any company or any other entity, or to their services or products, is not an endorsement nor should it imply any such endorsement of the quality or fitness of purpose of that company or entity, or its services or products.

The linked sites are not under the control of Drawzania.com and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites or any loss, expense or damage caused in connection with the use of any linked site and Subscriber access to any of the linked sites shall be strictly at your own risk. Drawzania.com is only providing these links as a matter of convenience to the Subscriber, and is not to be implied as an endorsement of the linked site.

Any access or use of the Content or the Site inconsistent with the terms of this Agreement is unauthorized and strictly prohibited.

SERVICE DETAILS

Premium Platform Services. Drawzania.com offers a service that allows Subscriber to view videos demonstration (video demos) available on the platform and use other tools which are allowable by drawzania.com in the platform.

Professional and Support Services. During the term of this Agreement and as stated in the applicable payment summary screen, Drawzania shall provide maintenance and support services only which are related to the Services Platform.

FEES AND PAYMENTS

Subscription Fees. The fees for use of Drawzania’s Premium Platform Services (the “Subscription Fees”) are described in detail in the payment summary screen and are calculated, as specified, based on individual subscription only. Payment obligations are non-cancellable and fees paid are non-refundable.

Additional End-users / Increase in Usage. Subscriber may increase Service usage or add End-user licenses at any time during the Initial or Subsequent Terms. Subscriber will be charged in full, according to the pricing set forth in the payment summary screen, for any portion of a calendar month during which usage of Services has been increased or End-user licenses have been added. Additional usage increases or End-user license will be conterminous with the other usage or End-user licenses in the then-current Initial or Subsequent Terms. Subscriber may decrease usage or End-user licenses at any time but there will be no refunds issued in the event of prepayment and any related Subscription Fees will continue to be due through the end of the Initial or Subsequent Terms.

Payment of Subscription Fees. Payment of Subscription Fees shall be made BASED ON TYPE OF SERVICES upon subcribing on the effective date.

Increases in Subscription Fees. End-user Subscription Fees contained in the payment summary screen will be fixed for a period of twelve (12) months following the Effective Date, and thereafter Drawzania.com at its sole discretion may increased the Fees not more often than once per year, upon notification of Thirty (30) days to Subscriber. All pricing terms are confidential, and Subscriber agrees not to disclose them to any third party unless required by law or court order.

Taxes and Duties. Drawzania Services Platform’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Subscriber will be responsible for payment of all such taxes, levies, or duties (including stamp duty), fees and other charges made by the government authority in relation to this Agreement other than taxes payable on overall income of Drawzania.com.

Payment and Billing Information. Subscriber agrees to provide Drawzania.com with complete and accurate billing and contact information at all times and notifying Drawzania.com of any changes to such information. All fees are payable in U.S. Dollar ONLY. Drawzania.com reserves the right to determine acceptable methods of payment for the use of its Services. If Subscriber believes any bill is incorrect, Subscriber must contact Drawzania.com in writing within 30 days from the date of the payment made containing the amount in question to be eligible to receive an adjustment or credit. Subscriber will pay the undisputed portion of the invoice, and Subscriber and Drawzania.com will cooperate promptly and diligently to resolve the dispute.

SERVICE LEVEL PERFORMANCE CRITERIA

Service Uptime and Maintenance. Uptime is defined as time when End-Users have the ability to access and use the Service. Drawzania shall provide Subscriber with at least forty-eight (48) hours’ notice of any scheduled maintenance on the Service. In the event that Drawzania is unable to provide forty-eight (48) hours notice of any planned or unplanned outages or unavailability of Services, Drawzania shall use good faith efforts to promptly notify Subscriber of any outages or downtime that it anticipates or discovers during the Term of this Agreement.

Downtime. Downtime is defined as the inability of most users to access the servers and majority of applications of the Service. Specifically excluded from the definition of downtime are:

  • Any other unavailability caused by circumstances beyond Drawzania’s reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquake, civil unrest, acts of terror, strikes or other labor problems (other than those involving Drawzania.com’s, ie; Internet service provider failures or delays, or denial of service attacks.

Commencement of Services. The performance of Services outlined herein will only commence upon the launch of service and after full acceptance by Subscriber and payment in full of the Subscription Fee.

AMENDMENTS

The Parties agree that, in order to continually improve its Services, Drawzania may, from time to time, amend and/or vary its Site, Services, Site features, Site functionality, and Site Terms of Use in its discretion and will make commercially reasonable efforts to notify Subscribers of said amendments. Subscriber is encouraged to continually check the Site and the Site Terms of Use for notices on updates, improvements and/or amendments.

DRAWZANIA PROPRIETARY INFORMATION

The Site, Services, and its Contents (“Drawzania.com IP”) are owned or licensed by Drawzania and protected by Malaysia and international copyright, trademark, service mark, patent and/or other proprietary rights and laws. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Subscriber any license or right under copyright or other intellectual property right law. No part of the Drawzania.com IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Subscriber shall not take any action that shall interfere with or diminish Drawzania.com’s right in any of the Drawzania.com IP.

SUBSCRIBER PROPRIETARY INFORMATION

Drawzania.com agrees that it has no rights to the data, documents, information or material that Subscriber submits in the course of using the Site or Services (“Customer Data”).Drawzania.com does not store Customer Data except to the extent that is required by the Site Privacy Policy located at: Drawzania.com policy. For example, Drawzania.com may store End-user information and run data for user activity. Drawzania.com will not use or disclose Customer Data except solely in connection with processing such data in the normal course of Subscriber’s use of the Site or Services and as otherwise provided for in this Agreement.

Subscriber acknowledges that Drawzania.com’s Services do not, at any time, manipulate, store, or alter native content within Subscribers documents. Subscriber, and not Drawzania.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use its own Customer Data, and Drawzania.com shall not be responsible or liable for the failure to store, deletion, correction, destruction, damage, or loss of any Customer Data.

In the event this Agreement is terminated, Drawzania.com will permanently remove all, if any, of Subscriber’s Customer Data from its files and servers.Drawzania.com reserves the right to withhold, remove and/or discard any Customer Data without notice for any material breach, including without limitation, non-payment of license fees within the Cure Period defined in Section 9b. Any requests by Subscriber for the return of any Customer Data, if any, within Drawzania.com’s control shall be made within fourteen (14) days of termination of this Agreement.

TERM, SUSPENSION, AND TERMINATION

Term. Unless terminated earlier pursuant to this Section 8 of this Agreement, the initial term (“Initial Term”) of this Agreement shall be for a period of twelve (12) months from the Effective Date and shall thereafter automatically continue under this Agreement for a subsequent twelve-month (12) term (“Subsequent Term”) unless either Party provides a thirty-day (30) notice of termination.

Suspension with Right to Cure. In addition to any other rights and remedies outlined in this Agreement, Drawzania.com reserves the right to suspend the License and Subscriber’s access to the Services upon ten (10) days’ written notice to Subscriber (“Cure Period”) if Subscriber’s account becomes delinquent by non-payment for more than fifteen (15) days and such delinquency is not cured within the Cure Period. Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Subscriber will continue to be charged for the remainder of the term for any delinquent accounts. Subscriber acknowledges and agrees that Drawzania.com has no obligation to retain Customer Data and that such Customer Data, if any, may be irretrievably deleted and this Agreement may be terminated in Drawzania.com’s sole discretion if Subscriber’s account is delinquent for a period of ninety (90) days or more.

Termination by Either Party for Any Reason. Either Party may terminate this Agreement at any time upon twenty (20) business days’ prior written notice for any reason (“Termination for Convenience”), provided that Subscriber may not terminate this Agreement while it is curing a breach, including, but not limited to, delinquent accounts, pursuant to written notice from Drawzania.com while it is under Suspension. If Subscriber terminates this Agreement pursuant to this Section 8(c), Subscriber is not entitled to any refund of Subscriber Fees. If Drawzania.com terminates this Agreement pursuant to this Section 9c, Subscriber shall receive a refund equivalent to any unused portion of the Initial or Subsequent Term. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Drawzania.com’s Site or in connection with Drawzania.com’s Services may result in immediate suspension or termination of End-user accounts with no refund and without limitation of any other available legal remedies.

Remedies Not Limiting. The remedies provided in this Section 8 are in no way limiting of one another or of any other rights and remedies granted to Drawzania.com under this Agreement. Drawzania.com may choose to, but is not required to, place Subscriber’s account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.

Survival. Sections 8(d) (Remedies Not Limiting), 9 (Representations and Warranties), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Receipt of Confidential Information), and 14 (Additional Miscellaneous Provisions), this “Survival” provision, shall survive termination of this Agreement regardless of the manner in which this Agreement was terminated.

REPRESENTATIONS AND WARRANTIES

Mutual. Each Party represents, warrants, and covenants, as applicable, to the other Party that: (i) It has all right, title, and authority to enter into this Agreement; and (ii) Its execution of this Agreement and its engagement hereunder do not constitute a breach of any contract, agreement or understanding, oral or written, to which it is a party or by which it is bound.

Performance Warranty. During the Term of this Agreement: (i) the Services shall function properly in conformity with the warranties herein and in accordance with this Agreement; and (ii) the Site commentaries and text shall completely and accurately reflect the operation of the Services.

Updates. (i) All updates shall, at a minimum, be consistent with then-existing and released industry standards; (ii) no update will materially degrade the functionality, capabilities, or features of the Services at the time of release of such update; and (iii) all updates shall be backward compatible with the data structures, databases, and system architectures employed with previous versions of the Services licensed by Subscriber.

DISCLAIMER OF WARRANTIES

Drawzania.com and/or its affiliates make no representation or warranty, either expressed or implied, statutory or otherwise with respect to the accuracy, reliability, completeness, fitness for particular purpose, non-infringement of third parties rights and/or safety of the Contents of the Drawzania.com web site, any representations and warranties relating thereto are expressly disclaimed.

Drawzania.com will make commercially reasonable efforts to ensure a virus free environment, a reliable operational schedule and to provide timely correction of Content known to be inaccurate. Notwithstanding Section 9 (Representations and Warranties), Drawzania.com does not represent or warrant that this Site, Services, or the Content will be error-free, or free of viruses or other harmful components. The Site, Services, and the Content are provided on an “as is, “as available” basis, and Drawzania.com expressly disclaims all warranties, including the warranties of merchantability, and fitness for a particular purpose and non-infringement. Drawzania.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site, Services, and the Content, including but not limited to technical inaccuracies and typographical errors; (b) the unavailability of this Site, Services, or any portion thereof; (c) Subscriber’s use of this Site, Services, or the Content; (d) Subscriber’s use of any equipment or software in connection with the Site, Services, or the Content; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on the Site or through the Services.

LIMITATION OF LIABILITY

Subscriber acknowledge that in no event shall drawzania.com or any of its affliates, or any of their respective officers, directors, employees, agents, representatives, successors or assigns be liable to subscribers or any third party for any indirect, incidental, special, punitive, consequential, reliance, or other damages or penalties, including personal injury or death, loss of profits, or lost savings, income, revenue, data or use, whether in an action in contract or tort, including without limitation negligence, or otherwise arising out of this agreement or your use, misuse of or access to Services Drawzania.com or information or data relating to it, or the exchange of information or data with the Services Drawzania.com.

In no event, drawzania.com’s cumulative liability for any damages, penalties or lost, regardless of the form of the action or claim is brought.

MUTUAL INDEMNIFICATION

Subscriber agrees to indemnify, defend and hold harmless Drawzania.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site or Services from and against all claims, demand, suit or proceeding made or brought against Drawzania.com by any third party, losses, expenses, damages and costs, including reasonable attorneys’ fees (collectively, “Losses”), resulting from or in connection with: (i) any breach of any obligation of Subscriber under Section 13 (Confidential Information); (ii) any breach by Subscriber of any of its warranties and representations under Section 9(a) (Representations and Warranties) and/or any action taken by Subscriber under the Terms of Use except to the extent of Drawzania.com’s violation of the Terms of Use; (iii) violation of any applicable laws by Subscriber, its officers, directors, employees, agents, contractors, or affiliates (“Subscriber Responsible Parties”); or (iv) any misuse, loss, damage, corruption, or destruction of the Services by Subscriber Responsible Parties or any breach of security relating to the same.

Drawzania.com agrees to indemnify, defend and hold harmless Subscriber, from and against all Losses resulting from or in connection with: (i) any breach of any obligation of Drawzania.com under Section 13 (Confidential Information); (ii) any breach by Drawzania.com of any of its warranties and representations under Section 9 (Representations and Warranties); (iv) violation of any applicable laws by Drawzania.com, its officers, directors, or employees (“Drawzania.com Responsible Parties”); (v) any loss, damage, corruption, or destruction of the Services by Drawzania.com Responsible Parties or any breach of security relating to the same; or (vi) any infringement of intellectual property rights of any third party; provided, however, that Drawzania.com is not liable for any Losses arising under this Subsection 12(b)(vi) to the extent that Subscriber modified the Drawzania.com IP, unless such modifications were approved by Drawzania.com, or the Losses are based on a use for which the applicable Drawzania.com IP was not designed.

RECEIPT OF CONFIDENTIAL INFORMATION

Confidentiality. Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information as defined herein. “Confidential Information” means all information concerning a Party’s business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include this Agreement, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act on the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Drawzania.com from disseminating aggregated information that contains no identifiable Subscriber Confidential Information.

Destruction and Return of Confidential Information. Upon request of the disclosing Party or upon termination of this Agreement, all materials containing Confidential Information will be destroyed or returned to the disclosing Party and the receiving Party will retain no copies or reproductions of the Confidential Information unless required by law, except the receiving Party may retain one record copy, subject to the reasonable instructions of the disclosing Party with respect to such copy.

Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.

Limitation. Notwithstanding the provisions of this Section, Drawzania.com may disclose Subscriber’s Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Drawzania.com shall comply with any applicable protective order or equivalent and, unless prohibited by law, Drawzania.com will employ commercially reasonable efforts to provide Subscriber with prior written notice, so that Subscriber has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Subscriber for that purpose.

No Intellectual Property. The receiving party acquires no intellectual property rights from the disclosing party under this agreement, except for the restricted right to use disclosing Party’s Confidential Information for the express, limited purposes described above.

ADDITIONAL MISCELLANEOUS PROVISIONS

Governing Law; Jurisdiction; Venue; Attorney’s Fees. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Malaysia. For any disputes that are not resolved by way of arbitration, as outlined below, the Parties hereby consent to exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of Malaysia. In any action to interpret or enforce this Agreement, the prevailing Party shall be awarded all court costs and reasonable attorneys’ fees it incurs. The Parties submit to the jurisdiction of said courts and waive any defense of forum non convenient. The Parties waive all rights to jury trials.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the Malaysian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Malaysia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subscriber and drawzania.com agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Parties agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim.

Assignments. This Agreement shall be binding upon and shall be for the benefit of Drawzania.com and Subscriber and both Parties’ respective legal representatives, successors, and permitted assigns; provided, that Subscriber shall not be entitled to assign, sublicense, or delegate this Agreement, in whole or in part, whether by operation of law or otherwise, without Drawzania.com’s prior written consent. Any attempted assignment, delegation, or assumption of this Agreement not in accordance with this Section will be of no force or effect.

Entire Agreement; Waiver; Relationship of the Parties. This Agreement and the Exhibits hereto constitute the entire agreement between the Parties as to the subject matter hereof, and supersede all prior and/or contemporaneous agreements, representations, and understandings between them, whether orally or in writing, except as may be expressly incorporated by reference into this Agreement. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Parties. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, agency, or employment relationship between the Parties, and neither Party shall have any right to bind the other or incur any obligation on the other’s behalf without the other’s prior written consent. Except as expressly provided for herein, this Agreement is not for the benefit of any third party, but nothing in this Agreement shall prevent or interfere with any consumer bringing an action against Subscriber for violation of law.

Severability of Terms. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Notices and Contact Information. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either (i) hand-delivered to the addressee; or (ii) deposited in the mail (registered or certified) or delivered to a private express company. Notices must be addressed as follows: (A) if to Drawzania.com, at the mailing address or email set forth in the “Contact Us” section of the Site; or (B) if to Subscriber, at the mailing address or email set forth in the Subscriber registration page. Email notice shall be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change.

Data Protection and Privacy Policy

(i) Your Privacy

Drawzania.com privacy policy which includes the use and protection of any information submitted by Subscriber is outlined here. Subscriber data maybe shared where necessary with other parties for Drawzania.com to serve Subscriber in the most efficient and effective manner when Subscriber choose to register and transact using Drawzania.com web site or send an e-mail which provides personally identifiable data. For instance, when Drawzania.com are resolving or addressing complaints that require communication and sharing with other parties.

Drawzania.com will always ensure the security of Subscriber personal information on Drawzania.com web site with professionalism and Drawzania.com want Subscriber to know that Subscriber’s privacy is respected and will not be abused or violated by visiting Drawzania.com web site.

(ii) Cookies

‘Cookies’ from certain websites may be generated from Drawzania.com’s portal for the servers. Drawzania.com use cookies to help Drawzania.com learn what is important on Drawzania.com web site. This is to enable Drawzania.com to recognize Subscriber future visits. Subscriber’s data are not permanently recorded by the cookies and they are not stored on Subscriber’s computer’s hard drive. The cookie is deleted once Subscriber closes their browser.

(iii) Log Information

Drawzania.com web servers automatically records in a log information that Subscriber browser sends i.e. when Subscriber access Drawzania.com website. These logs may include information such as Subscriber’s internet protocol address, web request, browser type, browser language as well as the date and time of Subscriber request plus one or more cookies that may identify Subscriber browser.

(iv) Storage Security & Data Protection

Drawzania.com complies with the technology and standards to protect store and transmit personal information given to Drawzania.com. This includes encryption software and strict security standards to protect the loss, misuse and alteration of the information under our control. Nevertheless, while Drawzania.com is committed to protecting Subscriber personal data, Drawzania.com does not guarantee unauthorized or accidental access to such data.

(v) Information Collected

Drawzania.com does not automatically gather Subscriber’s personal information when Subscriber browses the site. Any personal information Drawzania.com receive must come from Subscriber, for example when Subscriber send e-mail or submit an electronic form during the course of registration, making an application, replying to a survey or executing a contract in a secured part of the Drawzania.com website.

(vi) Subscriber Consent

By giving Drawzania.com Subscriber’s personal information, Subscriber are giving Drawzania.com consent to gather, use and disclose Subscriber’s personal information under the terms of this policy and any relevant privacy and data protection laws of related Country. If you do not wish to give Drawzania.com this consent, then please do not use any of the electronic forms in Drawzania.com website.

(vii) Use and Disclosure of Personal Data and Purpose Specification

All personal information gathered through Drawzania.com will be kept confidential. We may however disclose such information to the following parties in the course of using the information for the reason it was collected:

  • Companies solely or jointly-controlled the Drawzania.com
  • A person or company acting on behalf of Drawzania.com
  • Any other person or company, who has undertaken to keep such information confidential, provided they have a right to such information.

Drawzania.com will also disclose Subscriber’s personal data to authorities if Drawzania.com is required to by law. Drawzania.com may also disclose Subscriber’s personal information to anyone else that has a right to it under relevant country law as long as their authority is proven.

(viii) Data Retention

Any personal information Subscriber gives Drawzania.com will be kept as long as there is a reason to do so, for example to satisfy the law or regulations, or to protect our interests. Otherwise, Drawzania.com will destroy it by purging it from Drawzania.com electronic, manual, and other filing systems according to Drawzania.com set internal schedules and procedures.

(ix) Transfer of Personal Data Outside of Malaysia

Drawzania.com may need to transfer Subscriber’s personal information outside of Malaysia in Drawzania.com business dealings.

(x) Changes to this Policy

Drawzania.com has the right to change this policy at any time. Any changes will be announced on this page so that Subscriber are always aware of what information Drawzania.com collect, how Drawzania.com use it, and under what circumstances Drawzania.com disclose it. This policy is not a contract, nor does it suggest any obligation on Drawzania.com part with another party.