Shophubby | Terms of service Consumer


TERMS OF USE - USER

The following terms and conditions constitute an agreement between you and Shop Hubby Sdn. Bhd. (Company No. 1269451-H) (hereinafter referred to as “the Company”, “we” “our” or “us”), for the use of the mobile application software or web application known as [?] (“App”) as well as for the use of the internet web portal known as [?] (“Website”) (collectively, “the Sites”). These terms and conditions (the “Terms and Conditions”) including the Privacy Notice located at [insert link] (which is incorporated herein by reference, and collectively, this “Agreement”) and any rules or policies applied by the Google Play/Apple Store application store from whose site you downloaded the App govern your use of the Sites.

By downloading or clicking on the “Accept” or “Agree” button in the Sites or by accessing the Sites, whichever first to occur, you agree to the Terms and Conditions of this Agreement. If you do not agree with this Agreement, you must refrain from downloading or using the Sites. Please note that we offer the Sites "AS IS" and without warranties. You authorize the use and disclosure of your information for purposes of allowing us to provide the Sites and as otherwise disclosed in our Privacy Notice. We may revise and update these Terms and Conditions from time to time at our sole discretion. You should visit the Sites regularly to make note of any changes we have made on our Terms and Conditions. Your continued use of the Sites after the revised Terms and Conditions constitutes your acceptance to the changes.

The Sites may contain links to other websites (“Linked Websites”).  Such links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with the Linked Websites. The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or the Sites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

 

1.   THE SITES

1.1   Both the Sites only provide you an advertising online platform that display products and/or services from various merchants in Malaysia including but not limited to [?]. The services and features of the Sites includes [?].

1.2   Both the Sites contain discussion forums for you to upload, post and forward your comments and photos in relation to your shopping experience with the relevant merchants out of the Sites.

1.3   We do not involve in any online business transactions but merely provide an advertising online platform for our collaborating merchants to advertise their products and/or services. You undertake that you shall comply, procure any person authorized by you to use the Sites to comply with these Terms and Conditons and you shall be solely responsible for any breach of any these Terms and Conditions by such persons.

1.4   You shall be solely responsible for all losses or damages incurred or suffered by you in purchasing the relevant products and/or services advertised at the Sites and we are not an agent of nor are we connected with you.

 

2.   YOUR OBLIGATIONS

2.1   By using the Sites, you agree to abide by the following terms and conditions:

(a)   you may only use the Sites for lawful, non-commercial purposes;

(b)   you may not use the Sites in any manner that could damage, disable, overburden, impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites;

(c)   you agree not to impersonate any other person;

(d)   you agree not to post or transmit any unsolicited advertising or promotional materials;

(e)   you agree not to collect or harvest any information or data from the Sites or our systems or attempt to decipher any transmissions to or from the servers running the Sites;

(f)   you will not infringe our intellectual property rights or those of any third party in relation to your use of the Sites; and

(g)   you will not post or transmit any material which contains viruses or other codes, files or programs which are designed to limit or destroy the functionality of our system and security.

 

3.   REGISTRATION AS USER

3.1   You may freely browse the Sites and access the information where applicable. Nonetheless there are certain benefits and contents of the Sites only available to the registered users of the Sites.

3.2   You may become a user of the Sites by registering online at [?]. You should provide true, accurate, complete and not misleading personal particulars and your failure to do so shall entitle us to suspend and/or terminate your subscription with the Sites without further notice and/or recourse to you.

3.3   You shall not select a username or password that would violate any person’s rights or one that in our opinion is offensive, improper or inappropriate. We reserve the right to modify or delete any username or password and/or terminate your subscription with the Sites. We shall not be liable in any way for any improper use of a username or password under this clause.

3.4   You shall be solely and absolutely responsible for maintaining the confidentiality of the login information and password in respect of your account. We shall not be liable for any unauthorized use of your account by any other person.

3.5   Upon registering yourself as a user of the Sites, we hereby grant you a revocable, non-exclusive, non-transferrable right to access and use the Sites on any mobile or other electronic device controlled by you strictly in accordance with these Terms and Conditions.

3.6   You warrant that you have the legal capacity to form legally binding contracts. You are 18 years of age and above or if you are less than 18 years of age, you have obtained the necessary consent from your legal guardian(s).

3.7   Notwithstanding the foregoing we hereby reserve the right to deactivate or cancel your account with us at any time whenever we deem necessary.

 

4.   CONTENT

4.1   For the purpose of this section, “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Sites.  

4.2   You agree that you shall be solely responsible for the Content that you upload or post on the Sites and agree not to cause, or knowingly allow others to cause, any nuisance, annoyance or inconvenience to the Sites, its affiliates or any other users of the Sites by your usage of the Sites. The Sites may allow you to submit or generate content. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of a license pursuant this Agreement. By uploading or otherwise submitting content in connection with your use of the Sites, you grant us and our affiliates and contractors a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you are willing, and have the right, to grant this license for such content. We hereby reserve the right, but not the obligation, to refuse to post, or to remove, in its sole discretion any of your content, to edit, share, reject, erase, remove and delete any of your content and link to web pages and/or media platform and/or application at our sole discretion.

4.3   You agree that you will not post any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate, or that would give rise to civil and/or criminal liability or violate any applicable local, state, federal or international law. You agree that you will not post any content that consists of political campaigning, chain letters, mass mailings of any kind of any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail. You agree that you will not post content that consists of reviews written or submitted by the reviewed business’s owners, employees (past or present), agents, affiliates and/or competitors.

4.4   We hereby reserve the right to edit, share, reject, erase, remove and delete any of your Content and link to web pages and/or media platform and/or application at our sole discretion.

4.5   The Sites may contain hyperlinks to other mobile application or website which are neither maintained nor controlled by us or may contain content posted on or via the Sites by third parties. We shall not be responsible for any error, misleading, omissions in any content in the Sites, products or services of any hyperlinked website, or for the privacy and security practices employed by these other websites. We shall not be liable for any loss or damage that arising of the other website. You agree that use of any hyperlink and access to such other hyperlinked website are entirely at your own risk.

 

5.   REVIEWS

5.1   You may submit feedback regarding your experiences with the Sites, to submit inquiries concerning products and/or services advertised by the relevant merchants, to participate in the other interactive and community features of the Sites (collectively, “Reviews”). It is important that you act responsibly when providing the Reviews and you shall at all times comply with Clause 2 above.

5.2   We hereby reserve the right to investigate and take appropriate legal action against anyone who breaches this clause or Clause 2 above, including but not limited to, removing any offending communication from the Sites and blocking your use of the Sites.

5.3   By posting Reviews through the Sites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such Reviews to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Reviews. You agree that we are entitled to combine your Reviews with the Reviews of other users of the Sites for purposes of constructing or populating a searchable database of reviews and information related to our Sites.

 

6.   NO WARRANTIES ON YOUR PRODUCTS / SERVICES

6.1   The products and/or services listed through the Sites where you purchase from the relevant merchants directly enter into agreements with us and may pay us a fee for the services we provide to them through the Sites. Notwithstanding the foregoing, we do not:

(a)   recommend or endorse any merchants listed on the Sites; and

(b)   make any representations or warranties with respect to these merchants or the quality of the products and services they may provide.

6.2   Even though both the Sites are provided free of charge, charges for any products and/or services as advertised by the relevant merchants will apply and will be entirely your responsibility. You must resolve any dispute between you and the relevant merchants arising from your own purchase.

 

7.   CHANGES TO THE SITES

7.1   We may from time to time add new features to the Sites, substitute a new feature for one of the existing features, discontinue or suspend one of the existing features. The use of new features will be governed by this Agreement. You agree that we will not be liable to you or any third party for any suspension or discontinuation of any of the Sites or any portion thereof and you shall have no right to object such substitutions, removals, modifications, enhancements and/or upgrades made to the Sites.

7.2   It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, provide and maintain daily backup of the data collected by us or remotely patch or upgrade the Sites, which may temporarily degrade the quality of the Sites or result in a partial or complete outage of the Sites. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Sites. You are solely responsible for regularly backing your data to prevent this from occurring.

 

8.   COMPATIBILITY

8.1   We do not warrant that the Sites will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. You acknowledge and agree that we and our affiliates have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

9.   THIRD PARTY CLAIMS

9.1   You acknowledge that you are responsible for addressing any third-party claims relating to your use or possession of the Sites and agree to notify us of such third-party claims of which you become aware. You hereby agree to release us from any liability resulting from your use or possession of the Sites.

 

10.   INTELLECTUAL PROPERTY RIGHTS

10.1   All the Content of the Sites, including but not limited to information, communications, software, text, images, layout, database, graphics, photos, pictures, sounds or audio formats, software (including any derivative works), brands and HTML and accompanying materials, is owned or licensed by us.

10.2   You acknowledge that the Sites and any underlying technology or software used in connection with the Sites contain our proprietary information. We give you permission to use the Sites and the Content for the purposes as stated under this Agreement. You shall not transfer any intellectual property rights to you by virtue of permitting your use of the Sites. Except as expressly authorised by these Terms and Conditions, you hereby agree:

(a)   not to copy the Sites except where such copying is incidental to the normal use of the Sites, or where it is necessary for the purpose of back-up or operational security;

(b)   if the Sites are copied in accordance with sub-clause (a), to keep all copies of the Sites secured and to maintain accurate and up-to-date records of the number and locations of all copies of the Sites and to include our copyright notice on all entire and partial copies you make of the Sites on any medium;

(c)   not to adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Sites;

(d)   not to commercialise any information, products or services obtained from the Sites;

(e)   not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble the Sites or use any part of the same to provide or incorporate into, any product of service provided to a third party; or

(f)   not to download or store the Content. Subject to the foregoing restrictions, we grant you a non-exclusive, non-transferable, revocable license to use the Sites on your compatible mobile, tablet or other handheld computing devices.

10.3   In the event you use any of our trademarks and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You must not use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate any of the Marks:

(a)   in or as the whole or part of your own trademarks;

(b)   in connection with activities, products or services which are not ours;

(c)   in a manner which may be confusing, misleading or deceptive; and/or

(d)   in a manner which disparages us or our information, products or services (including the Site).

 

11.   PERSONAL DATA

We collect and process your personal data in accordance with the Privacy Notice at [insert link] and you hereby consent to the processing of your personal data in accordance with the said notice.

 

12.   MARKETING AND PUBLICITY

You hereby grant us a non-exclusive, non-transferrable, limited, and revocable license to use, publish, host, display, adapt, modify, promote, copy, download, sub-license, forward, distribute, reproduce or edit the content and material provided to us and/or uploaded to the Sites by you, including but not limited for marketing, promoting and redistributing such information as we deem appropriate.

 

13.   DISCLAIMER

13.1   YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING SUGGESTIONS OR RECOMMENDATIONS OR ENDORSEMENTS OF THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

13.2   TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL STATUTORY WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, FUNCTIONALITY, OPERABILITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITES. EXCEPT AS EXPRESSLY SET FORTH HEREIN WE MAKE NO WARRANTIES ABOUT THE SITES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITES OR THE CONTENT THROUGH THE SITES ARE FREE OF VIRUSES, INFECTION, CONTAMINANTS OR OTHER CODES MANIFESTING HARMFUL, CONTAMINATING OR DESTRUCTIVE ITEMS.

13.3    WE MAY PROVIDE PAID LISTINGS, ADVERTISEMENTS OR OTHER SPONSORED INFORMATION. WE MAY ALSO COMMINGLE SPONSORED INFORMATION WITH GENERAL, UNPAID SEARCH RESULTS AND MAY NOT DISTINGUISH BETWEEN THESE TWO CATEGORIES OF INFORMATION. SPONSORED LISTINGS OR OTHER ADVERTISEMENTS MAY BE GIVEN PRIORITY IN DISPLAY OVER UNPAID LISTINGS.

13.4    IN ANY EVENT, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEY, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM THE USAGE OF THE SITES AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.

 

14.   CONFIDENTIALITY

14.1   You undertake to and shall ensure and procure that your representatives shall keep all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, received from us or disclosed to you under this Agreement confidential and shall not disclose such information to any other person or third party, save where (i) such information is required to be disclosed for the for the purpose of this Agreement, (ii) disclosure is required by law, or (iii) we had consented to such disclosure in writing. Upon termination of this Agreement, you shall destroy or, at our request, promptly return all such confidential information to us. 

14.2   Notwithstanding the foregoing, such confidential information shall not include information that: (i) was, at the time of its disclosure by us to you, already in your possession; (ii) is independently developed by you, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by you or your representatives; or (iv) becomes available to you on a non-confidential basis from a source other than us or our representatives; provided, however, that such source is not to your knowledge bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to us.

 

15.   LIMITATION OF LIABILITY

15.1   In no event we shall be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use the Sites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. For the avoidance of doubt, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including failure of telecommunications networks.

 

16.   INDEMNIFICATION

16.1   You agree to indemnify us against any loss, damage or cost incurred by us arising out of your use of the Sites, the Content or any other information, your violation of these Terms and Conditions, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

 

17.   TERMINATION

17.1   We may immediately terminate this Agreement by notice without prejudice to any other rights we may have under this Agreement or at law in writing in the event you are found to be in breach of any clause of this Agreement.

17.2   Upon termination of this Agreement –

(a)   all rights granted to you under this Agreement shall cease and we shall have the right to delete or deactivate your account;

(b)   you must immediately cease all activities authorised by this Agreement;

(c)   you must immediately destroy, delete and remove (i) the Sites from all devices, (ii) all Content in connection with the Sites which is in your possession, and (iii) all copies of the Sites then in your possession, custody or control and certify to us that you have done so.

17.3   Clauses 4, 6, 9, 10, 11, 13, 14, 15 and 16 shall survive any termination or expiration of this Agreement.

 

18.   GENERAL

18.1   Governing law

These Terms and Conditions and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws of Malaysia, without giving effect to any conflict of law principles thereof. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in the Courts of Malaya. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18.2   Waiver

Any waiver by us of any of these Terms and Conditions must be in writing. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term of condition, and any failure of us to asset a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

18.3   Severability

In the event any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions shall continue in full force and effect.

18.4   Entire Agreement.

These Terms and Conditions, including the Privacy Notice (which is incorporated herein by this reference), constitute the sole and entire agreement between you and us with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

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