Terms of Use


Acceptance of terms

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute the Terms of Use between Freshcart Grocer Sdn Bhd (“Supplycart”), a company incorporated in Malaysia and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the classified advertisements, forums, various email functions and website links, and all content and Supplycart services (“Supplycart Product and Services”) available through the domain and sub-domains of Supplycart located at www.supplycart.my (“Website”). 

The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Supplycart Product and Services, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or services made available on the Website. Supplycart may amend these Terms and Conditions without prior notice at any time. Your continued use of our services following such changes constitutes your agreement to be bound by the new Terms and Conditions. By using the Website for Supplycart Product and Services, you acknowledge that you have read, understood and agree (1) to be bound by the Terms of Use; (2) you are not a minor and have the authority to enter into these Terms of Use; (3) you authorize the transfer of payment for Supplycart Product and Services; (4) that the Terms of Use shall be construed in accordance with the Laws of Malaysia and the parties hereto hereby agree to submit to the jurisdiction of the Malaysian Courts. 

If you do not agree to all or part of the Terms of Use, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website for Supplycart Product and Services. Kindly discontinue viewing the Website or participating in the request for or use of Supplycart Product and Services. 

1. Modifications to Terms of Use and / or Privacy Policy

All references to “you” or “your” or “User” or “Buyer” as applicable, mean the person that accesses, uses the Website, and/or requests for the Supplycart Product and Services. If you open an account on the Website (“Account”) on behalf of a business or a company or partnership or limited lability partnership or organization or association (“Legal Entity”), you represent and warrant that you have the authority to bind the Legal Entity and your acceptance of the Terms of Use will be deemed an acceptance by the Legal Entity and “you” or “your” or “User” herein shall refer to that Legal Entity. 

2.    Privacy Policy

Supplycart has established a Privacy Policy that explains to User(s) how their personal data is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of the Website and Supplycart Product and Services is governed by the Privacy Policy located below this section. 

3.    Membership and Accessibility

Notwithstanding any other rights or remedies available to it, Supplycart shall have the right, to terminate any Account(where applicable) or block a User from the use of Website in the event of any breach by such User of any of the terms and conditions of this Terms of Use. Without prejudice to any rights granted herein, Supplycart reserves the right to amend, edit or abbreviate or remove any content at our discretion. 

4.    Intellectual Property Rights

By continuing to use the Website, you acknowledge that all trademarks, brand names, logos, product names, copyrights and other intellectual property rights of products and services offered on the Website (“Content”) are the trademarks, brand names, product names, copyrights and other intellectual property rights of Supplycart or the respective trademark owners (as the case may be) and such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication or otherwise, any license or right to use, publish or reproduce any trademark, logo or service mark displayed on the Website without Supplycart or the respective trademark owner's prior written permission. 

5.    Use of Website

Whilst every effort is made to ensure that the Website is up to date and to ensure that the information on the Website, catalogues, and other publications are correct at the time of publication, they do not form part of any contract for the sale of goods. For technical reasons, colour illustrations should be viewed as a guide only. Supplycart makes no representation or warranties about the accuracy, completeness or suitability for any purpose of the information, content and related graphics published on this Website. 

Supplycart makes every endeavor to keep the Website free from viruses, however, Supplycart does not make any guarantee or representations that the Website is secure or free from viruses. You shall take the necessary steps to ensure appropriate security measures are installed on your device or computer and utilize a virus scanner before downloading any information, software or documentation form the Website. 

You must not misuse our Website by knowingly introducing viruses, trojans, worms, malware or other material which is malicious or technologically harmful. You must not use the Website for any unlawful, illegal, abusive, harassing, misleading, inaccurate, or in breach of any applicable laws. 

Supplycart may contain links to external websites. When you activate such links, you will leave the Website and Supplycart has no control over the contents of those websites or resources and will accept no responsibility or liability in respect of the material on those external links or websites. 

To the fullest extent allowable by law, you agree that Supply and our employees will not be liable any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, arising out or in connection with your use of the Website or Supplycart Products and Services. 

6.    Limitation of Liablity and Indemnity

Supplycart shall not be liable for, and you agree to indemnify Supplycart against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which Supplycart may sustain in connection with a breach of the Terms of Use by you. 

Supplycart has no control over the operation, inspection, maintenance, or use of the products after the sale and delivery of such Supplycart Products and Services to you, including in the case of food products, Supplycart makes no representations as to the suitability of those products in respect of allergies (e.g., nuts allergies). You shall indemnify and hold Supplycart harmless against any and all liability and claims from third parties arising from improper use, wrongful use, negligence or omission by third parties using Supplycart Products and Services which you have supplied and provided to such third parties. 

Without prejudice to the foregoing, in the event of a court or tribunal holds or finds Supplycart liable to you for any breach or default of the Terms of Use, you agree that the amount of costs, expenses and damages payable by Supplycart to you or such third parties shall not at any time exceed the sum of your payment amount for Supplycart Products and Services at such time of that order, notwithstanding any order, decree or judgment to the contrary. 

7.    Pricing and payment terms

Quotations are valid as stipulated in the quotation unless terminated earlier by Supplycart. The prices of Supplycart Products and Services quoted are suggested list prices at the time of publication and appear solely as reference. The prices quoted are subject to change in the event of any imposition of or increase in tax, levies or duties whatsoever on the goods, its components or raw materials. If Goods and Services Tax (“GST”) or other taxes are payable on goods supplied or on any amount payable the User shall pay such tax at the appropriate rate. 

All invoices fees are due within 30 working days of Supplycart’s invoice date notwithstanding that the property in the goods has not been passed to the Buyer. All payments received from the Buyer will be applied towards settlement of the oldest debts comprising of the earliest invoices and other charges.

If the User fails to make payment on the due date, Supplycart reserves the right to appoint a debt collection agent for the purpose of payment collection and Supplycart shall be entitled to be indemnified by the User for these debt collection costs incurred charge the Buyer for all costs incurred. 

Title in the goods will not pass to the Buyer until the Buyer has paid the purchase price in full accordance with the sales invoices. Supplycart will be entitled to recover the goods in respect of which property has not passed to the Buyer at any time. The Buyer authorizes officers, employee, and agents of Supplycart to enter upon any premises of the Buyer for the purpose of recovering any goods in respect of the property that has not been passed to the Buyer. 

All amounts stated in the invoices and statement of accounts of Supplycart shall be conclusive of the amounts due and owing by Buyer to Supplycart and shall be binding against Buyer in any legal proceedings. Supplycart reserves the right to grant, refuse, withdraw, restrict, alter, suspend, or cancel credit terms at its sole discretion. Supplycart reserves the right without limitation to refuse or cancel orders for goods where the Buyer is or is liable to become in breach of its agreed credit terms. 

All typographical, clerical, or other error in omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by Supplycart shall be subject to correction without any liability on the part of Supplycart. 

8. Orders, Returns, and Credits

All orders for products on the Website until accepted or rejected at its discretion by Supplycart shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms of Use and all goods offered are subject to availability. Supplycart reserves the right to impose a minimum order quantity on any order for goods prior to the order being accepted by Supplycart. 

Should you find defects in the goods within 7 days of receipt, you may by providing a substantiated reason for such rejection including without limitation to the said products not being of merchantable quality, are defective, damaged and/or not fit for purpose. This excludes fruits. 

Supplycart will replace products found to be defective upon delivery without charge. Goods incorrectly supplied or invoiced as a result of error on part of Supplycart will be collected or credited without charge. Non-returnable goods sold by Supplycart will only be accepted as a return where the goods are found to be defective at the date of delivery or at Supplycart’s sole and absolute discretion. 

Returns must be intact in their original packaging and must be accompanied by a return note issued by our Customer Experience Operator. Food and special orders are non-returnable and non-refundable. These orders are final and cannot be returned. 

Supplycart may refund to you the amount paid by you for the products in question, whether by way of a refund or purchase credits to be used for future purchases or exchange the product for the nearest substitute at Supplycart’s discretion. 

Supplycart shall not have further liability to compensate and/or pay to you any indirect, consequential or incidental loss, damage or expense arising from such damaged, spoilt or defective products other than to refund to you the amount paid by you for those products in question. 

9.    Delivery of Products

The Buyer’s order will be delivered to the address specified on the completed order form. Supplycart will deliver the Buyer’s order to the main entrance of the delivery address provided on the completed order form and may only carry your order into the delivery address or enclosed area / compound at the delivery address provided that you give Supplycart personnel your consent, there is no obstruction of access and/or the said Supplycart personnel believes it to be safe and reasonable to do so. Please note that Supplycart’s delivery service is available in selected areas only. 

Upon acceptance of the products, the Buyer agrees that all risk in the products shall pass to the Buyer upon completion of delivery notwithstanding that title in the products and goods has not passed to the Buyer until such time payment of Supplycart’s invoice is made in full. 

Time of delivery as provided by Supplycart is an estimate only and Supplycart is not liable to make good any damage or loss arising out of any such delay. Delivery shall be deemed to have been made if Supplycart delivers the goods to the location specified and Delivery Order is endorsed by any representative present thereof. Supplycart is not liable for any loss or damage to Buyer by reason of unauthorised collection of the goods at the addressed provided by the Buyer. 

Delivery Order will be sent to the Buyer’s address specified on the completed order form. All goods must be examined carefully at time of delivery and report within 7 days if there is any wrong, missing, or damaged item(s). All original packaging & labeling must be retained upon replacement of items. 

Supplycart shall be entitled to cancel or suspend delivery of the goods in the event of any delay or non-performance due directly or indirectly to a force majeure event. For the purposes of this Terms of Use a “force majeure event” means wars, strikes, lock-outs, delays or defaults of manufacturers or suppliers, act of God, or any other cause (whether similar or dis-similar) beyond the reasonable control of Supplycart. You shall have no claims whatsoever against Supplycart from of any such cancellation or suspension arising from a force majeure event. 

10.    Cancellation of Credit Terms

Notwithstanding anything herein contained, Supplycart reserves the right to limit / cancel the credit terms of the Buyer as to time and/or amount without giving any reasons thereof and to forthwith demand full settlement of all sums that may be owing by Buyer not withstanding that the credit period or term initially extended has not expired. 

Supplycart reserves the right to cancel delivery of the goods or such installments thereof without prejudice to its rights to recover all sums owing to it in respect of deliveries already made.


Privacy Policy


Supplycart is committed to protecting the privacy of our customers, including you. We value your trust and have a long standing commitment towards protecting your personal data. This Privacy Policy describes and explains how we process, treat and secure your data. By using this website supplycart.my (“Website”), you consent unconditionally to the terms of this Privacy Policy. 

What Information Do We Collect About You? 

The information we collect are those provided by you upon your registration for use of the website together with information we learn from your use of the Website. This information may include your personal identification details such as your name, contact number and other information which identifies you. We also collect information about you when you contact us whether by way of email, telephone or other means of communication including social media. 

How Do We Use The Information? 

We do not sell or disclose your information in an unauthorised manner to any third parties. Your information is used strictly for the following purposes mentioned herein – 

to provide our products and services to you; 
to communicate with you; 
to verify your identity for purposes of receiving our products and services; 
to notify you of any changes to our terms and conditions or the products and services offered to you; 
for customer research purposes to better improve our services; 
to inform you of products and services which may be of interest to you including information about products and services offered by our affiliated companies and selected third-party partners; and 
to maintain records as part of our business or other purposes in so far as is permitted by the law. 
Disclosure and Safeguarding the Information 

All information collected by Supplycart will be kept confidential and used internally by Supplycart. Supplycart may however, provide or disclose the information to our subsidiary, associated or related companies or third party service providers for the purposes mentioned herein. Disclosure of the information may also be made in compliance with applicable laws and to generally protect the rights and property of Supplycart. 

You may choose not to give or to limit or to withdraw your consent for us to process and retain your information by writing in to us at hello@supplycart.my. This may result in Supplycart being unable to offer to you the products and services in the ordinary course of our business or to provide any promotional information and materials that may be of interest to you. 

Your patronage is important to us and we make all reasonable efforts towards safeguarding the information by reviewing our internal policies and keeping our Privacy Policy under regular review. You may log on to this Website for a copy of our updated Privacy Policy which we may amend from time to time. 

Right to Access and Correction of Personal Data 

We want to ensure that the information we have is accurate and up to date for us to provide the best possible service to you. All users of the Websites, including you, have the right to access, update or correct any information by updating your registration details on the Website or writing to us at hello@supplycart.my. 

If you have any queries, complaints or otherwise relating to the misuse or suspected misuse of your information, you may contact us at the above mentioned email address.

ADAM Terms & Conditions


Your rights to use the ADAM are non-exclusive and non-transferable. You may use ADAM only to support your own internal business, and not in support of any third-party’s business or for personal, family or household purposes;

We may from time to time modify ADAM and add, change, or delete features of ADAM in our sole discretion. We will use commercially reasonable efforts to post information about material changes to ADAM on the Site or via email. If a change to ADAM materially decreases the features and functionality of ADAM, you may terminate this Agreement without penalty or consequence after providing us with notice of intent to terminate. Your continued use of ADAM after any such changes to ADAM constitutes your acceptance of these changes. We may also limit the geographic locations or jurisdictions where certain Services may be available;

ADAM may be used and accessed only by your personnel who have a need to access ADAM in order to exercise your firm’s rights or comply with your firm’s obligations under this Agreement. You shall be fully responsible for use of ADAM by your personnel and their compliance with these Terms; if you register an Account, you agree that you will provide us with true, current, complete and accurate information requested in the Order and from time to time relating to your personnel who will be using ADAM;

You agree that all information you provide to us, including without limitation your from’s Account information, will be accurate and complete in all respects. You agree to promptly notify us of any changes to your information. You are responsible for all uses of ADAM made using your from’s usernames and passwords. You agree to notify us immediately if you become aware of any unauthorized use or disclosure by any of your personnel of their email address, user name or password, or any other breach of security regarding ADAM of which you become aware; you agree to hold harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than your personnel using any usernames, passwords or accounts that had been issued to your personnel, either with or without your knowledge. You also agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your Account, whether or not you were directly or personally responsible;

With your prior approval, which will not be unreasonably delayed or withheld, we may use your names and logos on our marketing website and in marketing materials;

• You agree not to:
- Use or allow the use of ADAM to deliver spyware, adware, spam, or other deceptive or fraudulent content and/or malicious code;
- Use any information or content provided to you through ADAM to create any application, service, software or documentation that is similar to ADAM;
- Violate any laws or regulations of any applicable jurisdiction in connection with your activities relating to ADAM (including without limitation any privacy laws or any state or federal banking or securities laws), or otherwise use ADAM in any way that is in furtherance of criminal, fraudulent, or other unlawful activity;
- Interfere with or disrupt ADAM or servers or networks connected to ADAM;
- Violate any codes of conduct, requirements, terms of use, policies or regulations of networks associated with ADAM;
- Interfere with or attempt to interfere with any other party’s use of ADAM;
- Gain access to or attempt to gain access to any account, computers or networks related to ADAM without authorization; or
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or communication transmitted through ADAM; and

Finally, we reserve the right to prohibit any conduct by your firm or to remove your firm from ADAM if we in good faith believe that any material posted by your firm through ADAM is: (a) in violation of these Terms, or (b) is illegal, potentially harmful to others, otherwise objectionable or that may expose us or any user of ADAM to harm, damage to reputation or liability. You authorize us to monitor your use of ADAM to ensure your compliance with the foregoing requirements.

Payment for ADAM’s Subscription

All payments under these Terms and any Order are non-refundable (for the avoidance of doubt, even were you to cancel a subscription in advance of the expiration date of the same) and, unless otherwise agreed, shall be made in Ringgit Malaysia (RM). You agree to pay invoiced amounts within ten (10) days of receipt of invoice.

If a payment becomes fourteen (14) days or more overdue, we reserve the right to suspend your access to ADAM without liability to you, until payment is made in full. If any payment becomes thirty (30) days or more overdue, we may terminate these Terms and your access to the ADAM upon notice to you. We have the right to change payment terms, including by requiring upfront payment for ADAM, in our discretion based on your payment history.

Canceling Your Subscription
The term of your access to ADAM begins on the start date and continues thereafter on a month-to-month basis or for a period of one (1) year, depending on whether you have opted for a month-to-month or annual plan. If you have opted for a month-to-month plan, your subscription will automatically renew for a further one-month period immediately following the expiration of the then-current one-month period unless you notify us in writing (email is sufficient) prior to the first day of any such further one-month period that you do not desire to renew; likewise, if you have opted for an annual plan, your subscription will automatically renew for a further one-year period immediately following the expiration of the then-current one-year period unless you notify us in writing (email is sufficient) prior to the first day of any such further one-year period that you do not desire to so renew.


Either of us may also terminate these Terms and your access to ADAM with immediate effect if the other materially breaches these Terms and does not cure such material breach within five (5) days following written notice (email is sufficient) to it of the same. Any provision of these Terms or any Order that by its terms applies after termination shall survive any termination of these Terms and/or your access to ADAM. Upon termination you shall promptly pay all outstanding amounts due to us under these Terms.

Confidentiality within ADAM
"Confidential Information” means any non-public information or data that is disclosed by one party to the other party pursuant to your subscription to ADAM. Our Confidential Information includes the Software, as well as the structure, organization, design, algorithms, report formats, templates, data models, logic flow, and screen displays associated with the Software. Your Confidential Information includes the content and data you provide us in connection with your use of ADAM and personal information associated with your personnel (referred to herein collectively as “Subscriber Data”). Confidential Information does not include information that the receiving party can show: (a) is or becomes publicly known or available without breach of the Agreement; (b) is received by a receiving party from a third party without breach of any obligation of confidentiality; or (c) was previously known by the receiving party as shown by its contemporaneous written records;

A receiving party agrees: (a) to hold the disclosing party’s Confidential Information in confidence; (b) to protect the disclosing party’s Confidential Information in the same manner that it protects the confidentiality of its own similar confidential information (but in no event using less than reasonable care); and (c) except as expressly authorized by these Terms or the Privacy Policy, not to, directly or indirectly, use, disclose, copy, transfer or allow access to the disclosing party’s Confidential Information. Notwithstanding the foregoing, a receiving party may disclose Confidential Information as required by law; in such event, the receiving Party shall (if permitted by law) inform the other party prior to any such required disclosure to allow the other party to seek a protective order or other limitations on such disclosure. Each party shall promptly notify the other party in writing if it becomes aware of a breach of the confidentiality obligations herein;

We maintain reasonable and industry standard security measures to help protect against the loss, misuse and alteration of your Confidential Information under our control. We require employees to comply with information security safeguards and use firewalls and other intrusion detection and prevention controls to help prevent unauthorized persons from gaining access to your Confidential Information. Additionally, we take reasonable steps to ensure that our third-party business partners, including our hosting partners, provide sufficient protection for Confidential Information. You acknowledge that no method of transmission over the Internet, or method of electronic storage, is 100% secure, and that we cannot guarantee absolute security;

Each party acknowledges and agrees that any violation of the foregoing confidentiality obligations may cause the disclosing party irreparable injury for which the disclosing party would have no adequate remedy at law, and that the disclosing party shall be entitled to preliminary and other injunctive relief against the receiving party for any such violation. Such injunctive relief shall be in addition to, and not in limitation of, all other remedies or rights that disclosing party shall have at law or in equity;

Our handling of personal information is governed by our Privacy Policy available on the Site. The terms of our Privacy Policy are incorporated by reference into these Terms. You acknowledge that we may retain a copy of your transactional information gathered through the use of ADAM and other information uploaded on your Account. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

Intellectual property rights
You agree that we and our licensors own all intellectual property rights in and to ADAM,, and the Site, including but not limited to the look and feel, organization, designs, algorithms, templates, data models, logic flow, text, graphics, logos, report formats, and screen displays associated with the Site. You will not reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software.

You further agree not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make ADAM available to any third party for such third party’s benefit. We reserve all rights in ADAM not expressly granted to you hereunder. You agree that we and our licensors’ trademarks, brand names and copyright notices will be included on ADAM and associated documentation. You agree not to remove, modify, obscure or hide any trademarks, brand names or any other proprietary rights notices included on ADAM and associated documentation.

You grant us a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into ADAM any suggestions, ideas, enhancement requests, or feedback provided by you relating to ADAM. Any intellectual property rights associated with such ideas, enhancement requests or feedback shall be owned solely by us. We agree that you retain ownership of all your Subscriber Data (as defined above). You agree to provide Subscriber Data that is accurate, complete, proper and complies with these Terms and any Order. By submitting Subscriber Data, you:

(i) represent and warrant that the Subscriber Data is original to you or that you otherwise have the unrestricted right to provide such Subscriber Data, and
(ii) agree that we may use such Subscriber Data on a royalty-free basis in order to provide the Services and as otherwise expressly permitted by the Agreement. Notwithstanding anything to the contrary in these Terms, we may derive and compile from your Subscriber Data and your usage of ADAM anonymized, aggregated and/or analytical information, so long as such information does not reveal any information about you or any individual. Such information may be used for our business purposes, including, but not limited to, improving our operations, products and ADAM and to create new products.

• You agree not to:
- provide any Subscriber Data that is untruthful, illegal, misleading, defamatory, indecent, obscene, inappropriate, threatening, harassing, bigoted, abusive, degrading, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise ofensive or objectionable;
- supply any Subscriber Data that includes any virus, worm or other harmful code or software; or
- create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity including us.

Third Party Sites Links
You may when using ADAM be directed to websites maintained by other third party service providers. You acknowledge that such sites and services are completely independent of us and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. You acknowledge that any use of the products and services offered by such third party services providers (e.g., for the purposes of payment processing, direct deposit services, payroll tax return preparation, fling and government remittances) will be at your sole risk.

You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of ADAM. The availability of such third party services in connection with ADAM does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.

In Using ADAM, you’re making acknowledgements as follows:

• Subscriber Data: (i) is owned by you, or you have the full right to provide the Subscriber Data to us; (ii) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (iii) does not violate any person’s right of privacy or publicity; and (iv) does not contain any unlawful, obscene, defamatory or libelous material. Your use of Subscriber Data in connection with ADAM is not in breach of any covenant or obligation of confidentiality that you have to any other person or entity. You are solely responsible for your Subscriber Data, and acknowledge that we have no responsibility or intent to review or monitor any your Subscriber Data;

• You shall be solely responsible for your use of ADAM and agree that ADAM is strictly a tool to be used in conjunction with good and reasonable business judgment by competent personnel. We cannot control and have no duty to take any action regarding how you may interpret and use ADAM or what actions you may take as a result of having been exposed to ADAM, and you hereby release us from all liability for your having acquired or not acquired content or other information through ADAM;

• ADAM may contain features, functionality and information that are provided through or by third-party content, software, web sites and/or systems (referred to in these Terms as “ThirdParty Materials”). Your use and access of these features and functionality are subject to the terms published or otherwise made available by the third-party providers of Third-Party Materials. We have no responsibility for any Third-Party Materials; and

• We do not warrant that ADAM will operate without interruption or error-free, or that ADAM will be totally secure. To the extent that data is being transmitted over the Internet, you acknowledge that we have no control over the functioning of the Internet, and we make no representations or warranties of any kind regarding the performance of the Internet.


EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR ANY ORDER, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING. YOU ACKNOWLEDGE AND AGREE THAT adam AND THE SERVICES AVAILABLE TO YOU THROUGH ADAM ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS.

You Will be Required to Indemnify Us if Your Use of the Service Gives Rise to a Claim Against Us You, at your expense, will indemnify, defend and hold us and our officers, directors, members, managers, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of ADAM, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to: (a) your or your agents’ breach of any representations, warranties or covenants under these Terms or any Order, (b) your or your agents’ failure to comply with applicable laws and regulations or (c) any Subscriber Data. We shall provide you with reasonably prompt written notice of any third-party claim covered by the foregoing indemnity

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