(Dated 1st April 2011)
This agreement governs your use of BukitBintang.com web site and the services and goods provided through the web site (collectively the 'Web Site'). The Web Site is operated by BukitBintang Dotcom Sdn Bhd (Hereinafter ‘Web Site Provider’).
A. ACCEPTANCE OF THIS AGREEMENT
Each time you (collectively ‘Users’) use the Web Site you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement. If you do not agree with each provision of this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
The Web Site Provider may, in its sole discretion, change, supplement or amend this Agreement from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version.
B. PERMITTED USERS
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
C. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. The Web Site Provider will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Web Site Provider or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.
D. NO ADVICE OR SOLICITATION
The Web Site is for convenience and informational purposes only. The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; advice or recommendations; or an offer to sell or buy any product or service. You should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.
E. USER CONTENT
You are solely responsible for the photos, profiles, messages, notes, text, information, advertisements, listings, music, video and other content that you post on the Web Site, or transmit to or share with other Users (collectively ‘User Content’).
You may not post, transmit, or share contents not belonging to you or contents that you have no permission to post, transmit or share. You hereby agree that the Web Site Provider may, but is not obligated to, review content posted by you and may remove the content with or without notice if the content violates these Terms and Conditions, or which is deemed offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others or for any other reasons.
By posting any content on the Web Site, you automatically grants and represents and warrants that you have the right to grant, to the Web Site Provider a perpetual, irrevocable, non-exclusive, transferable, fully paid (royalty-free), worldwide, fully sub-licensable right and license (with the right to sublicense) to use, modify, adapt, reproduce, copy, publish, transmit, distribute, publicly perform, publicly display, reformat, translate, except (in whole or in part) and distribute the content in any form, medium, or technology now known or later developed, for any purpose on or in connection with the Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sub-licenses of the foregoing.
Subject to the rights granted to the Web Site Provider by virtue of these terms, the Web Site Provider does not however obtain any ownership over content posted by you. You retain ownership of all the content and any intellectual property rights or other proprietary rights associated with the content.
You acknowledge however and agree that any comments, suggestions, ideas or other information about the Web Site provided by you to the Web Site Provider is non-confidential and shall become the sole property of the Web Site Provider. The Web Site Provider shall then own exclusive rights, including all intellectual property rights, and shall be entitled, without any liability whatsoever, to the unrestricted use and dissemination of this information for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and you agree, represent and warrant that all moral rights in this information are waived in favour of the Web Site Provider and its assigns.
F. PROPERTY RIGHTS
All content on the Web Site, including but not limited to designs, text, graphics, pictures, photos, videos, software, music, sound, information, applications and other files, and their structure, are the proprietary property of the Web Site Provider, its users or its licensors with all rights reserved. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent the Web Site Provider except that the foregoing does not apply to your own content that is legally posted on the Web Site. Provided that you are eligible to use the Web Site, you are granted a limited license to access and use the Web Site and to download or print a copy of any portion of the content of the Web Site solely for personal (non-commercial) use, provided that you keep all copyright or other proprietary notices intact.
Such limited license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Web Site other than as specifically authorized herein, without the prior written consent from Web Site Provider, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation applicable communication regulations and statutes. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any proprietary properties of the Web Site. This limited license is revocable at any time without notice and with or without cause.
Trademarks on the Web Site are the intellectual property rights of the Web Site Provider, its service providers and others, and are protected by copyright and trade-mark laws. The Web Site Provider's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied or imitated, in whole or in part, without the prior written consent from the Web Site Provider.
The Web Site Provider owns all intellectual property rights with regards to domain names and sub domain names related to BukitBintang.com. The Web Site Provider shall have the right to recall any names from anyone to its sole discretion.
THE WEB SITE PROVIDER PROHIBITS YOU FROM UPLOADING, POSTING OR TRANSMITTING ON THE WEB SITE ANY CONTENTS, SOFTWARE OR ANY OTHER MATERIALS THAT VIOLATE ANOTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS.
G. SOFTWARE AGREEMENTS
The Web Site may cause software to be available for you to download from the Web Site or through other Web sites. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Software Agreement. By downloading software, you signify your agreement and acceptance of the applicable Software Agreement.
All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all software is provided on an "as is" basis. The Web Site Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights and proprietary rights.
H. OTHER WEB SITES
The Web Site may include advertisements for, and links to, other web sites operated by other persons (hereinafter 'Other Web Sites'). Other Web Sites are independent from the Web Site Provider, and the Web Site Provider has no responsibility or liability for or control over Other Web Sites, their goods, services, or content. Links to Other Web Sites are provided solely for your convenience. The Web Site Provider does not sponsor or endorse any Other Web Sites or the goods or services or their content. Your use of Other Web Sites and your dealings with the operators of Other Web Sites is at your own risk, and you shall not make any claim against the Web Site Provider arising out of your use of any Other Web Sites or your dealings with the operators of any Other Web Sites. You should at all times refer to the policies posted by Other Web Sites regarding privacy and terms and conditions before you use them.
If you choose to purchase any products or services from an operator of Other Web Sites, the relationship is directly with the operator. You agree that the Web Site Provider is not responsible for the fulfilment of the terms and warranties of the agreement by the seller. You agree that the Web Site Provider is not responsible for any loss or damage of any sort you may incur from such dealing.
I. TRANSACTIONS AMONG WEB SITE USERS
Parties to a transaction between Users are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into. You agree that the Web Site Provider is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspects of the transaction. This provision also covers the performance of terms and conditions as stipulated in discount vouchers or any other promotional materials distributed by third party merchants, downloaded from the Web Site.
J. COMMUNICATION VIA BUKITBINTANG.COM
You agree not to upload, email, post, publish, distribute or otherwise transmit through the Web Site any content that is defamatory; that is obscene; that is false or misleading; that invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; that infringes another's rights, including but not limited to intellectual property and proprietary rights; that constitutes unsolicited "junk mail" or "spam"; or that violates any applicable laws or regulations.
All communication tools shall be used for non-commercial purposes only. You shall not post, publish, email, distribute or otherwise transmit any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter.
You agree not to use the Web Site as a means to solicit other users of the Web Site to join any other organization or commercial online or offline service. Except where expressly authorized by the Web Site Provider, you agree not to collect or store personal data of other users.
Web Site accounts may be accessed only by use of a unique login name and password. The security and privacy provided by passwords is never perfect, and can be circumvented. Your use of passwords is at your own risk. The use of a password does not restrict access by the Web Site Provider and its service providers to the password-protected information.
You are required to take all such measures as may be necessary to protect your password, own system and network. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Web Site Provider. Also, passwords must be hard-to-guess and changed on a regular basis, and you must log-out at the end of each session.
You agree that the Web Site Provider is not liable for any unauthorized access to your data due to whatsoever reasons, even where the access occurs as a result of a fault in the Web Site network or any other equipment or software owned, operated or supplied by the Web Site Provider. The Web Site Provider is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Web Site Provider of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of the Web Site Provider, and may be cancelled or suspended with or without reason at any time without any notice or liability to you or any other person.
You acknowledge that the Web Site Provider shall not be liable for the security of data transmission and that the Web Site Provider shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data transmission. You shall be solely responsible for the data retrieved, stored or transmitted through the network.
L. PERSONAL INFORMATION PRIVACY
M. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
The Web Site Provider may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person. I
f this Agreement or your permission to use the Web Site is terminated by you or the Web Site Provider for any reason, this Agreement will nevertheless continue to be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.
When the Web Site Provider is notified that a user has passed away, the Web Site Provider will normally, but are not obligated to, maintain the user's account active under memorialized status for a period of time to be determined by the Web Site Provider to allow other users to post comments.
The Web Site Provider may at any time and for any reason, with or without cause, and in its sole discretion, immediately amend, suspend or delete (in whole or in part) the Web Site, all without any notice or liability to you or any other person.
N. DISCLAIMER AND INDEMNITY
Although the Web Site Provider shall use its best endeavor to ensure the continuity and efficiency of the Web Site at all times and provides rules for users to use the Web Site, there are numerous factors beyond the Web Site Provider’s control. The Web Site Provider is also not able to control what Users might post, transmit or share on the Web Site. Specifically, but without limiting the generality of the following Disclaimer and Indemnity, under no circumstances shall the Web Site Provider be responsible for:
• What Users might post, transmit or share on the Web Site and are not responsible for any malicious, adult, defamatory, offensive, inappropriate, obscene, unlawful or otherwise objectionable content.
• Users’ conduct, whether online or offline.
• Any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Users’ communications through the Web Site.
• Any technical malfunction, including any damage of equipments and software resulting from using or downloading or using materials in connection with the Web Site.
• Any personal injury or death, resulting from Users’ use of the Web Site or interactions between Users of the Web Site, whether online or offline.
Please read the following DISCLAIMER and INDEMNITY carefully. The following paragraphs shall survive termination of this Agreement and the Web Site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.THE WEB SITE IS PROVIDED ON AN 'AS IS' BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEB SITE PROVIDER AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE WEB SITE PROVIDER’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
THE WEB SITE PROVIDER IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. THE WEB SITE PROVIDER IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEB SITE PROVIDER AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
• THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE.
• THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED.
• THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY. • SPECIFIC RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE.
• THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS.
• THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY RIGHTS) OF ANY PERSON.
THE WEB SITE PROVIDER AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING THE ABOVE MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE WEB SITE PROVIDER AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE 'INDEMNIFIED PARTIES') FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY THE WEB SITE PROVIDER OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
O. TERMS OF SALE
Advertisements on the Web Site are invitations for purchase orders, and are not offers to sell goods and services. The duly completed and delivered purchase order form from you constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Web Site sends both an order acceptance and delivery notice email to your email address. The order acceptance and shipment notice email constitutes the Web Site’s acceptance of your order.
Please refer to the Terms of Sale for the terms, conditions and policies applicable to purchase of products or services from the Web Site. By ordering products or services from the Web Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in the Web Site provider's sole discretion. You are advised to review the Terms of Sale each time you make a purchase. Please also read Section H (Other Web Sites) and Section I (Transactions among Web Site Users).
Terms of Sales for Vouchers
All vouchers printed from the Web Site or any other websites associated with BukitBintang.com (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through BukitBintang.com to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through BukitBintang.com, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below:
• The Voucher you purchase through BukitBintang.com is redeemable for goods or services by the Merchant. The Merchant, not BukitBintang.com, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase.
• BukitBintang.com’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or regulation is solely determined by the Merchant, and BukitBintang.com has no role in such determination or action on the part of the Merchant.
• All Vouchers shall be subject to the terms and conditions of BukitBintang.com and the participating Merchant.
• Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges, tips, prior balances or any other purposes. • Neither BukitBintang.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
• Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
• Reproduction, sale or trade of this Voucher is prohibited.
• Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
• Redemption frequency is determined by the Merchant.
• The issuing of credit or cash value, if any, is at the sole discretion of the Merchant.
• The Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release BukitBintang.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof.
• Your link must be to a web page that begins with http:// or https://
• You must have the authority to provide the image and link for the web site you submit.
• No pornographic / obscene / unlawful / offensive / gambling sites / alcohol ads / smoking ads / inappropriate links or images will be accepted.
• You are solely responsible for the content of the image and the linked advertising sites.
• All linked sites must be in English.
• If for whatever reason in the future you want your image and link removed from the homepage, you can do that provided BukitBintang.com is notified via email. You are not entitled for any refund as a result of this removal.
• If your image and link are accepted and published on BukitBintang.com, you cannot get a refund for whatsoever reasons.
• Occasionally the Web Site may have downtime for maintenance or due to any technical reasons.
• BukitBintang.com reserves the sole discretion to make changes to these terms and conditions at any time.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and the remaining provisions shall be construed as if such unlawful, void or unenforceable provision had never comprised a part of these Terms and shall not affect the validity and enforceability of the remaining provisions.
The provisions of this Agreement will be binding upon each of the Web Site Provider and its other service providers and each of their respective successors and assigns and related persons, and you. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the Web Site Provider, which is withheld in the Web Site Provider’s sole discretion. The Web Site Provider may assign this Agreement and its rights and obligations under this agreement, and consent for the abovementioned is hereby deemed to have been given by you.
R. INDULGENCE AND WAIVER
No delay or indulgence by the Web Site Provider in enforcing any terms or conditions of these Terms or granting of time by the Web Site Provider to you shall prejudice the rights of the Web Site Provider under these Terms or at law.
Failure by the Web Site Provider to exercise any part or all of its rights under these Terms or any partial exercise shall not act as a waiver of such right nor shall any waiver by the Web Site Provider, expressed or implied, of any breach under this Agreement constitute a continuing waiver in respect of any preceding or continuing or subsequent breach.
The Web Site Provider may give notice by way of posting a notice on the Web Site or by e-mail or other means of communication. All notices given by you to the Web Site Provider shall either by e-mail or in writing delivered either by hand, or sent by prepaid registered post addressed to the Web Site Provider’s registered office address (or such other address as the Web Site Provider may revise from time to time).
T. FORCE MAJEURE
The Web Site Provider shall not be liable for any breach of these Terms arising from causes beyond its control, including but not limited to natural disasters and Acts of God, wars, riots, fires, boycotts, labour disputes, failure of the Internet, acts of the authority and any other events that could prevent the Web Site Provider from performing its obligations.
U. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Web Site, and all related matters are governed by the laws of Malaysia. These Terms and Conditions shall also be subjected to regulations as set by Malaysian Communications and Multimedia Commission from time to time. In the event of conflict between the Terms and Conditions and regulations as set by Malaysian Communications and Multimedia Commission, the latter shall prevail and supersede in respect of the conflict only.
You are solely responsible for your interactions with other users of this Web Site. The Web Site Provider reserves the right, but has no obligation, to monitor disputes between you and other users.