WONDER MUM GENERAL TERMS & CONDITIONS AND POLICY
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These terms and conditions shall be applicable to any person (“you”) engaging with
WONDER MUM CENTER (KL) SDN BHD (“Wondermum”).
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You shall be deemed to have understood and accepted these terms and conditions upon making any payment or part payment to Wondermum for the services or indicating or confirming in whatsoever manner the receipt of these terms and conditions.
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These terms and conditions shall be construed with other transaction documentation including any service contract or invoice, provided that the terms herein shall remain applicable and prevail over any conflicts or inconsistencies (unless otherwise expressly specified or waived by Wondermum).
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INTERPRETATION
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Unless a contrary indication appears, a reference to “including” or “includes” shall not be construed restrictively but shall mean “including (or includes) without prejudice to the generality of the foregoing” and “including (or includes) but without limitation to”.
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“Party” and “Parties” shall refer to Wondermum and you. Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa, and words denoting any gender shall include all genders.
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CHECK IN AND CHECK OUT TIMING
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Wondermum’s usual check-in time is from 10 am to 5 pm. Wondermum shall not be liable for any delays or failure in reception in the event you check in outside the aforesaid times.
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Wondermum’s usual check-out time is at 2pm. You may be charged extra fees every hour exceeding 2 pm.
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Should you require a check-in or check-out time outside the above stated times, you shall notify Wondermum within 4 days before the date concerned.
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Wondermum shall conduct an inspection of your unit during the check-out process. In the event there is any fixture, fittings, furniture, equipment, gadget or item in your unit which is lost or damaged, you shall compensate us in full for their repair and/or replacemen.SUPPORT & CARE
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You will be provided with a caregiver or nurse who shall accompany you in your unit for the duration of your stay and assist you.
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You are prohibited from shouting, screaming, harassing, abusing, or otherwise being violent verbally or physically towards the caregiver or nurse or any of our personnel. We reserve all rights to lodge police reports against anyone who does so.
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If you have any complaints about your caregiver or nurse or our services, we encourage you to report to Wondermum. For us to forthwith address and rectify any issue, please notify us as soon as possible and not wait until your stay has ended before lodging a complaint.
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Generally, Wondermum does not advocate for or allow the application of medicines, creams, substances, or any other products which have not been medically approved or vetted by Wondermum. Wondermum shall not be liable for any health issues, discomfort, or any consequences whatsoever caused or arising from the application of such products.
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The caregiver or nurse will only be responsible for carrying out the caregiving services and treatment as per their medical training, and are not obliged to adhere to your requests for treatment, act or practice which they have not been trained on or to apply any medicines, creams, substances, or any other products which have not been medically approved or vetted by Wondermum.
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COURSES
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For customers who sign up before giving birth, you will be provided with antenatal course materials including videos. You, your husband, and relatives are expected to read and familiarize yourself with these materials.
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While Wondermum will endeavour arrange for its personnel to be available for any queries over the phone or whatsapp, you hereby acknowledge and accept that Wondermum cannot guarantee that its personnel will be available at all times.
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MILK POWDER & NUTRIENTS
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Wondermum advocates for mother’s breastmilk when feeding newborns.
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2 If you would like to feed your newborn using formula milk powder, you may select from the formula milk powders which Wondermum has in stock. Wondermum shall not be obliged to seek and provide any formula milk powder which it does not have in stock.
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While Wondermum only sources formula milk powder from manufacturers directly, Wondermum is not and shall not be responsible for any quality issues, allergies, defects, contamination, or any consequences whatsoever arising from the use or feeding of any formula milk powder including ones provided by Wondermum or procured by you yourself.
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VISITORS
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All visitors are strictly allowed to visit only during visiting hours (12PM – 6PM) for 2 hours per day. Only 4 visitors are allowed to visit at any one time.
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Wondermum must be notified in advance about your visitor’s details, including their name, NRIC, and their relationship to you. Visitors under the age of twelve (12) are not permitted entry unless accompanied by an adult, and all visitors must wear face masks upon arrival.
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You shall be responsible for the acts, conduct and behaviour of your visitors. You shall be liable to compensate Wondermum for any damages to the premises, your unit, any room and/or any fixture, fitting, equipment, furniture, and/or item provided by Wondermum, caused by your visitors.
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Pets are strictly prohibited from entering the premises, your unit or any rooms. Wondermum reserves the right to remove any pet from the premises without notice to you and disclaims all liability for doing so.
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Cooking is strictly prohibited in the unit.
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Without limiting the foregoing, Wondermum is entitled in its discretion to refuse the entry of visitors and request or demand visitors to leave, if the visitors:
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are suspected of having any respiratory infections or any other infectious diseases (including Covid-19, chickenpox, rashes, conjunctivitis, flu and cough);
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are suspected of being or appear ill, or exhibit symptoms like coughing, flu, fever, sore throat;
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engage in behaviors such as initiating fights, speaking loudly, shouting, cussing or causing disturbances at the premises;
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being a nuisance including speaking loudly, playing loud music, failing to monitor children, and generally causing noise disturbances to the other units;
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bring harmful weapons/objects that pose a threat to the safety of others including firearms, knives, poison, acid or any other object that could potentially cause significant harm;
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carry or bring items and foodstuffs capable of emitting pungent smells or strong odors (including durian); and
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bring pets including dogs, cats, birds, or any other domestic animals.
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Wondermum does not guarantee that visitors shall have parking space indoors, and does not guarantee the safety of any vehicles parked outside the compound. Visitors are expected to park their vehicles at their own risk.
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LAUNDRY
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Our rooms come with a washing machine for the exclusive use of Wondermum’s caregiver or nurse, whom have been trained and instructed on how to properly utilize the washing machine. Our washing machines shall only be used for the clothing which you wear and the clothing of your newborn.
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Wondermum shall be entitled to immediately shut down and/or remove any washing machine from the unit for any reason whatsoever including any unauthorized use.
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In the event the washing machine breaks down or malfunctions due to any unauthorized use or abuse by you, your husband, relatives, or visitors, you shall compensate Wondermum for all costs and expenses to repair and/or replace the washing machine.
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Wondermum shall not be held liable for any lost, stolen, damaged, torn, stained, or discolored clothing from the use of the washing machines.
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HOUSEKEEPING
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The caregiver or nurse will so far as possible maintain the cleanliness and tidiness of the unit.
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Your unit will be cleaned once (1) a week in general, but you may request that the caregiver or nurse clean or tidy up any part of the unit.
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You are encouraged to cooperate with the caregiver or nurse when he or she cleans and tidies the unit, and does laundry. To avoid any miscommunication, you are encouraged to make known your preferences with respect to your personal belongings such as laundry and clothing.
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MEALS
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All meals (5 meals a day) and drinks shall be provided by Wondermum for you. Meals are not included or provided for your husband, relatives, or visitors. Any such additional meals are subject to extra charges by Wondermum.
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All meals and drinks shall be decided in advance by Wondermum in consultation with you. Wondermum shall not be obliged to make any changes to such decided meals and drinks unless there are health reasons for doing so.
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If you decide to bring in any outside food (provided such foods are not prohibited) including any herbal tonics and supplements Wondermum shall not be liable for any consequences or effects arising from or caused by ingesting such outside food, including any health issues.
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Prior to the check-in date, it is your responsibility to inform Wondermum of any food allergies, irritants, and intolerances you may have. Wondermum will make every effort to prepare the confinement meals and drinks according to your dietary restrictions to prevent any adverse reactions. For the avoidance of doubt, Wondermum shall not be held liable for any food-related allergic reactions, irritations, or intolerance issues affecting you or your infant if you fail to inform Wondermum of your dietary restrictions.
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For the avoidance of doubt, in the event you and/or your newborn require hospitalization during your stay, Wondermum will still continue to prepare your confinement meals and drinks as scheduled, but you are responsible for arranging and covering all costs and expenses associated with the delivery of these meals and drinks to the hospital. You may also choose to forgo the confinement meals and drinks, but you shall not be entitled to any refund of any confinement meal or drink which you choose to forgo.
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AMENITIES
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You are expected to exercise a reasonable standard of care when utilising the facilities and amenities provided by Wondermum. In the event of any damage caused to the facilities and amenities , you shall be liable to pay Wondermum the cost and expenses incurred for the repair work and/or replacement within seven (7) days upon demand by Wondermum.
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To ensure the safety and well-being of you and your infant and to prevent the risk of respiratory infections or other infectious diseases (including Covid-19), Wondermum reserves the right to relocate you and your infant to an alternative room during your stay. This measure may be necessary to facilitate repairs in your designated room and mitigate any potential health risks.
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EMERGENCY
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In the event of a medical emergency, Wondermum shall contact your emergency contact. Should your emergency contact fails to or is unable to respond, Wondermum shall at its discretion either call an ambulance or arrange to transport you and/or your newborn to a hospital or clinic of its choosing unless otherwise reasonably specified by you. Currently, Wondermum’s default hospitals are Pantai Hospital (KL), Hospital Kuala Lumpur, University Hospital, and Tanglin Health Clinic.
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To the fullest extent of the law, Wondermum shall not be liable whatsoever:
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for any complications, injuries, losses, or expenses arising from the transportation and/or any treatment provided at the hospital or clinic;
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for any delays in calling for an ambulance or transporting you and/or your newborn to the clinic or hospital; and/or
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for the acts or omissions by you, your husband, relatives, or visitors with respect to the emergency or transportation to the hospital or clinic, including any failure to cooperate and coordinate with Wondermum’s personnel.
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RIGHT OF ENTRY
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Wondermum’s personnel shall have the right to enter your room during your stay for the purpose of providing services, including carrying out any necessary repair or maintenance work. Reasonable prior notice shall be given for such entries.
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Notwithstanding the above, Wondermum’s personnel may enter your unit without prior notice in the event of an emergency.
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END OF STAY
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Upon the end of your stay at our premises, you shall move out all your belongings, items, equipment, valuables, foodstuff, electronics, and any other possession (“your Items”) by the designated check out time of your last day of stay with us.
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You may be notified by Wondermum of any of your Items left in your unit.
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Any of your Items which remain on the premises may be retained by us in our storage for one week, after which we shall be entitled to dispose of or deal with them as we deem fit. We shall not be liable for any damage whatsoever caused to any of your Items when handling or storing them.
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LIMITATION OF LIABILITY
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You hereby acknowledge and accept that Wondermum is not a qualified or licensed hospital or specialist medical centre. While Wondermum’s personnel or your assigned caregiver or nurse may provide recommendations and advice for baby/infant and mother care, these recommendations and advice should not be viewed or treated as qualified medical or professional advice. You are advised to consult a qualified medical practitioner, which Wondermum may station on the premises from time to time.
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Wondermum shall not be liable for any damages (including special, indirect, incidental, consequential damages), losses, accidents, injuries, or harm suffered, incurred, or sustained by you, your newborn, your husband, children, or visitors during their stay or visitation, except to the extent that such damages, losses, accidents, injuries or harm result from the gross negligence of Wondermum or its personnel.
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While Wondermum shall make its best efforts to engage and source quality service providers and facilities and/or post-natal care supplies, Wondermum does not guarantee the performance of such service providers nor the quality of any post-natal care supplies.
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Wondermum shall not be liable for any damages (including special, indirect, incidental, consequential damages), losses, accidents, injuries, or harm suffered, incurred, or sustained by you arising from its services except to the extent that such damages or losses result from the fault or negligence of Wondermum and its employees.
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Nothing herein shall limit or exclude Wondermum’s liabilities for death, personal injury, or any other liability that cannot be legally excluded by law and in such circumstances, Wondermum’s liability shall be limited to an amount not exceeding the fees already paid to Wondermum.
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PRIVACY POLICY
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As a responsible entity, Wondermum recognises and respects the privacy laws of Malaysia, specifically the Personal Data Protection Act 2010 (“PDPA”), to ensure the protection of the privacy rights of all customers and the secure handling of their personal data and information.
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By utilising Wondermum’s services, you implicitly agree and grant consent to the utilisation, disclosure and processing of your personal data and information. To ensure security and to safeguard your personal data and information, Wondermum implements precautionary measures such as firewalls and secure access protocols.
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Wondermum may share your personal data and information with its affiliates/partners and in the event Wondermum does so, Wondermum will take precautions which are standard in the industry to impose obligations on the third party to safeguard your personal data and information.
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Wondermum may collect, use, disclose and process the personal data and information for the following purposes:
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facilitate the provision and improvement of the Business;
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managing and administering its clients’ accounts, including billing, invoicing, and payment processing;
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communicating with its clients with regards appointment scheduling and any other relevant services related to post-natal care;
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conducting internal record-keeping and data analysis to improve its Business;
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responding to and resolving inquiries, feedback, and complaints ;
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marketing and promoting its services, including sending newsletters and promotional offers via appropriate communication channels (including WhatsApp, email, and SMS); and
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any other purposes that are deemed appropriate, reasonable, and necessary for the provision of its services and the operation of its Business.
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Personal data refers to any personal data and information enabling the identification of an individual, whether true or not, held, retained, or accessed by Wondermum. This includes:
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first and last name, NRIC Number/Passport Number, nationality, contact details, residential and email address, telephone number, date of birth, gender, age, debit/credit card and bank account information;
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any additional personal information provided by individuals or third parties in connection with our services and/or the website usage including when filling in our enquiry form and or other engagement, registration, or other application forms;
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information provided during inquiries and consultations;
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photographs, images, portraits, and videos;
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any data and information sent to Wondermum or our affiliates/partners utilising our services; and
transactional history documenting transactions conducted with Wondermum and/or third parties.
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Wondermum reserves the right to disclose the personal data and information collected without requiring consent in the following circumstances:
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where Wondermum has reasonable beliefs that such disclosure is necessary to identify, contact, or initiate legal action against individuals causing harm, injury, or interference (whether intentional or unintentional) to Wondermum’s rights, property, clients, or anyone else potentially affected by such conduct;
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such disclosure is appropriate, reasonable, and necessary for the provision and improvement of Wondermum’s services and the operation of its business;
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where Wondermum is assisting with the delivery and registration at a hospital or clinic;
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where Wondermum believes in good faith that such disclosure is required by law; and/or
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as part of Wondermum security processes including in lodging police reports or any report to the authorities.
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FORCE MAJEURE
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Wondermum shall not be liable for any failure to perform its obligations under this Contract, which is caused by events outside of Wondermum’s reasonable control, including acts of God, pandemic (including the COVID-19 pandemic), epidemic, lock-downs, quarantine, electricity blackout, power shortage and failure, breakdown or technological failures and issues affecting Wondermum’s equipment, software and hardware, shortages of staff, manpower, transportation, supplies, equipment, software and hardware, riots, wars (whether declared or undeclared), action or inaction of any competent authority (including nationalization, expropriation, restraint, prohibition, intervention, requisition, requirement, direction, or embargo by legislation, regulation, decree, or other legally enforceable order), uprisings, delay of carriers, government seizures, embargos, laws or regulations of any political sub-division or agency (including government-controlled export credit agency), accidents including car accidents or factory accidents, sabotage, civil commotion, national emergency, martial law, fire, flood, cyclone, earthquake, landslide, storm, explosion,
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strikes, lock-outs, labor disputes of any kind, or other natural events and adverse weather conditions (“Force Majeure Event”).
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During the persistence of the Force Majeure Event, Wondermum shall be exempted from performing its obligations.
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If the Force Majeure Event continues for more than ten (10) days without the Parties being able to come to an alternative satisfactory arrangement, either Party shall be entitled to terminate this Contract upon written notice to the other Party. Upon such termination, Wondermum shall refund to you payments made on a pro-rata basis calculated from the date of termination to the agreed check-out date.
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For the avoidance of doubt, you shall not be entitled to rely on any Force Majeure Event to be exempted from performing your obligations including making payment of the agreed price to Wondermum.
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SEVERANCE
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If any provision herein or part thereof is rendered void, illegal, or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal, or unenforceable only to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions.
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Where it is not possible to delete the affected provision, in whole or in part, such provision or part thereof shall, to the extent that it is illegal, invalid, or unenforceable, be deemed not to form part of these terms and conditions and the contract, and the legality, validity, and enforceability of the remaining provisions herein shall not be affected.
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WAIVER
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No waiver by either Party of any breach or non-fulfilment by the other Party of any term or conditions herein will be deemed to be a waiver of any subsequent or other breach of that or any other provision, and no failure to exercise or delay in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy.
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No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy.
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Any such waiver shall only be effective if written and shall only be applicable to the extent and for the duration specified in such waiver.
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REVISION, VARIATIONS & AMENDMENTS
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Wondermum shall be entitled to revise, vary, and amend these terms and conditions at any time without requiring consent from you and any such consent as required shall be deemed given.
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GOVERNING LAW
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These terms and conditions and the subject matter herein shall be governed by and construed in all respects in accordance with Malaysian law, and the Parties agree to submit all disputes on, with respect to, or in any way arising to the exclusive jurisdiction of the Courts of Malaysia.
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