Terms and Conditions
- This page (together with the documents referred to on it) sets out the terms and conditions (“Terms and Conditions”) on which you may make use of the Website (as defined below), whether as a guest or a registered user. This Website is owned and operated by Value Bhd. (“Value” ,”Company”, “us”, “we” or “our”).
- You are advised to read these Terms and Conditions carefully before you start to use the Website. By browsing, accessing or using the Website or any Services (as defined below) available through it, you hereby indicate that you agree and accept to these Terms and Conditions and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.
- We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.
Using the Site
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. Value will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Value or another party due to someone else using your account. You may not use anyone else's account at any time. We reserve the rights to close your account at any time for any or no reason.
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Value.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Value and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Value, you own Your Content. We own the Value Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Value Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Value Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Value Content are retained by us.
Value and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Value) does not necessarily reflect the opinion of Value. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Registration for the account
- Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Services. However, certain Services and related features that may be made available on the Website may require registration or subscription, such as in order to make a Purchase. This is to ensure that we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
- Passwords: Once you Register with our Website, we will allocate a password to your account. You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.
- Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-SG user pretends to be a SG user, or disrupts the Website or the Services in any way.
- Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Website and/or any of the Services.
- Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
- Accurate information: You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
- Contents on the Website, Services and Voucher: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or Website:
- to send or receive any material which is not civil or tasteful;
- to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose;
- other than in conformance with accepted Internet practices and practices of any connected networks; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
Forbidden uses: The following use of the Services, the Website and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- resale of any Voucher;
- furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
- accessing the Services and/or Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- executing any form of network monitoring which will intercept data not intended for you;
- sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- sending malicious email, including flooding a user or site with very large or numerous emails;
- entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- using the Services or Website (or any relevant functionality of either of them) in breach of this Terms and Conditions;
- unauthorized use, or forging, of mail header information;
- engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
Rules about use of the service and the website
- We will use reasonable endeavour to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: email@example.com.
- We do not warrant that your use of the Services or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.
- We do not give any warranty that the Services or the Website is free from viruses or anything else which may have a harmful effect on any technology.
- We will use reasonable efforts to allow uninterrupted access to the Services and the Website, however we shall not be held liable in the event access to the Services and the Website may be suspended, restricted or terminated at any time.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
Claim of Copyright Infringement
Value respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Sites infringes the copyright in a work you own, please contact us with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by Value of the location of the material that is allegedly infringing;
- Information reasonably sufficient to permit Value to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Value with our Contact Us form.
Suspension and termination
- If you (or any other third party authorized by you) use the Website, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the Website (in whole or in part) and/or the redemption of a Voucher.
- Upon suspension of usage, we may refuse to restore the Services or Website or Voucher until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms and Conditions.
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
Without limitation to anything else in this Clause 8, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or Website and/or suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you if:
- you commit any breach of this Terms and Conditions;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Website and/or Services at any time.
- Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
Disclaimers and Limitations of Liability
- Please read this section carefully since it limits the liability of the Value entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the Site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
- The Site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Value entities may not monitor, control, or vet user content. As such, your use of the Site is at your own discretion and risk. The Value entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Value entities are not liable to you for any loss or damage that might arise, for example, from the Site's in-operability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the site.
- Value is a service provider and transaction handler for third party merchants ("Merchants"). Value is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant provides. Value makes no claims or promises with respect to any third party, such as Merchants, businesses or advertisers listed on the Site or the Site's Users. Accordingly, the Value entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the Merchants, businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
- Value entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the Site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Value entities shall create a representation or warranty.
- Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.
- Value entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the lower of (i) the amount paid, if any, by you to the Value entities in connection with the Site in the 12 months prior to the action giving rise to liability, or (ii) RM 50.
- Value entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
- Value has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. Value has no obligation to provide you with notice of any such changes, and Value is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.
- We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
- You are free to select or click on advertised goods and services or not as you see fit.
- Any advertisements may be delivered on our behalf by a third party advertising company.
Links to and from other websites
- Where the Website contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.
- This Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
- You agree to defend, indemnify, and hold harmless Value from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Sites. Value reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Value in asserting any available defenses.
VALUEPAY TERMS & CONDITIONS
- ValuePay is a payment service that allows users to conduct cashless transactions at partners’ outlets via the Website’s mobile application.
- These ValuePay’s terms and conditions (“Payment Terms”) must be read and understood before accessing and/or using the Website and its Service. The Payment Terms listed here govern the rights of both the user as well as the Company throughout the transaction process. It also represents a legally binding agreement between the Company (including all its subsidiaries, brands, related and/or associated companies/brands) and you as the user. From time to time, the Payment Terms may be revised. Notification of the update will be posted on all relevant Websites. Any usage of the Website and/or performance of any transactions after the said updates or revisions, will be deemed that you has read and agree with the updated Payment Terms.
- If you are not in acceptance of the revised or amended Payment Terms, you shall immediately discontinue the usage of the Website and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands).
- ValuePay acts as a facilitator to assist users in making cashless payment at selected Merchants. An independent relationship is established between us and the user. All action which is performed through the Website is directed by the user and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the customer’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the user.
- The Website and Service only function by hosting, maintaining and facilitating transactions between users and Merchants via the Internet.
- We do not pose any authority and therefore will not be held responsible for any liability from using our service. We act as a facilitator and do not guarantee that users or Merchants which are being dealt with will complete the transaction.
Purchases and Payment
- The Service allows transactions to be made according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
- A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listen on each item on the Website and/or on the Merchant’s price list is mutually agreed upon transacting.
- Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the “Payment” page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
- The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or Website. This includes any third party link to or from the Company’s Website. The services listed and provided on the Website constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.
- Taxes: Any/all purchases made through the Website will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.
- Refunds: All transactions which are conducted are non-refundable in the case of partially used cashback or unclaimed purchases. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in Value Cashback. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of the Company.
- “Information” is defined as the information which is willingly shared with us throughout the registration, payment, store or any other feature of the service. We act as a mediator for the distribution of your information online. The user possesses full responsibility over the content of the information which is shared with the service.
- The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.
- In the situation whereby the Payment Terms are violated by the user, the Company reserves the right for immediate termination and/or suspension of your account.
Holding of Funds
- In order to ensure the authenticity and integrity of all transactions, the Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to hold funds or proceeds from transactions under a “pending” state beyond the normal distribution period. This is done in order to avoid any risk which may be related to suspicious transactions.
Trademark and copyright
- All trademarks, service marks, copyrights which are displayed throughout the Website are the sole and exclusive of the Company’s property.
- Unless prior written consent or permission is granted by the Company, any/all of the trademarks, service marks, copyright and logos which are displayed throughout the Website and mobile application, no licence or right is granted to any party accessing the platform to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent from the Company or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the Website or any other site.
- By using the Website and its Services, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the Company responsible for any and all liabilities, financial losses, expenses which may incur from the misuse of the service, breach of terms and conditions or infringement of intellectual property made towards the company as a result of your use services provided.
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on Value’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
- The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Value’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.