Welcome to the Shopper365.com.my website and/or the Shopper365 mobile app (the “Platform”).
1.7. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
1.9 By using the Platform and/or Services you represent and warrant to us that you are legally entitled to and have the capacity to enter into this agreement with us.
1.10 This agreement shall be binding upon respective heirs, personal representatives, successors-in-title or permitted assigns of both you and us.
2. USE OF THE PLATFORM AND/OR SERVICES
2.2 Any form of commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
2.2. All content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. We make no express or implied warranty concerning the goods or services sold or transacted on this Platform.
2.3. Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself. You will be required to promptly update such information if there are any changes.
2.4. You may and/or will be assigned an account and as password to access your account on the Platform. You will be solely responsible for keeping passwords and other account identifiers safe and secure. You as the account owner is entirely responsible for all activities that occur under such password or account.
2.5. You must notify us in writing of any unauthorized use of your password or account. Shopper365 shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.6. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services. We shall not be liable in any manner whatsoever if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.7. We reserve the right, but shall not be obliged to:
2.7.2 prevent or restrict access of any an authorized user to the Platform and/or the Services;
2.7.3 report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
2.7.4 to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under Clause 2.7.2 above if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER GENERATED INFORMATION OR SUBMISSIONS
3.1. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
3.2 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You also represent to us that you are legally entitled to use or post the content and material of your Submissions and that the same is lawful.
3.3 You shall not use a false e-mail address, hold yourself out, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
3.4 You shall indemnify, protect, defend and hold us harmless from and against any and all claims, loss and/or damages, judgments, penalties, legal fees, expenses and/or liabilities arising out of, involving, or in connection with, the use materials or information that you submit to the Platform and/or provide to us, including claims for but not limited to breach of intellectual rights, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained your Submission.
4. TRADEMARKS AND COPYRIGHTS
4.1. All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2. No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners.
4.3 Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1. The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Shopper365 of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose.
5.2. Without limiting the foregoing, Shopper365 does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses or malwares of any description whatsoever. Access to the Platform and/or the Services shall be at your own risk absolutely.
5.3. Shopper365 and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
5.3.1 any access, use and/or inability to use the Platform or the Services;
5.3.2 reliance on any data or information made available through the `Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
5.3.3 any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
5.3.4 any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 In the event we include hyperlinks to other websites or content on the Platform that are owned or operated by third parties, the same is provided subject to the following terms:
5.4.1 such linked websites or content are not under our control and we have no ability to regulate them;
5.4.1 consequently and we are not liable in any manner whatsoever for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website.
5.4.2 any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content;
5.4.3 You agree that your access to or use of such linked websites or content is entirely at your own risk.
5.5 Any damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore except up to the maximum limit of Ringgit Malaysia Two Hundred and Fifty (RM250.00) only.
6.4 Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
6.5 If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Shopper365, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
7. DISPUTES, APPLICABLE LAW AND JURISDICTION
7.2 Notwithstanding the foregoing, Shopper365 reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts without satisfying the condition precedent above.
7.4 You hereby agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
8. Severability and Survival of Agreement
(1) hand or courier;
(2) registered or other certified mail, postage prepaid; or
(3) facsimile transmission or other instantaneous electronic media.
at our address stated herein or at your address as provided in your account on the Platform.
9.2 In proving the giving of a notice or any other document under or in respect of this Agreement it shall be sufficient to show:-
(1) in the case of registered or other certified mail, postage prepaid, that the notice or other document was duly addressed and posted; or
(2) in the case of facsimile transmission or other instantaneous electronic media that the notice or other document was duly transmitted from the dispatching terminal as evidenced by a transmission report generated by the dispatching terminal.