END USER LICENSE AGREEMENT
TERMS AND CONDITIONS OF USE
1. PARTIES AND BINDING AGREEMENT
This is a binding agreement between you, the customer (hereinafter referred to as "you", "your" or the "Customer") and us, Sinyoong Solutions Sdn. Bhd., the operator and owner of the DealHits™
mobile applications (individually known hereinafter as “the App” and collectively as “the Apps”) and the websites www.dealhits.net
, and “the Website” respectively) (hereinafter to be referred to as “Sinyoong
" or "our
This Agreement governs not only the use of the DealHits™ App and the Website, but may also be applicable to other mobile applications and / or websites operated or owned by Sinyoong and / or its associated entities which Sinyoong will designate from time to time.
Sinyoong Solutions Sdn. Bhd. (Company Registration No. 1044500-T) is a company duly registered in Malaysia with its business address at Level 8 Pavilion KL, 168 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia (“Sinyoong”), and is a social media marketing company that develops location-based technology solutions for a network of shoppers, restaurants and retailers to create and market attractive deals to interested parties, drive effective personalized customer engagement and deliver cost efficient market reach within a specific geographical location. Sinyoong uses mobile applications, cloud computing and data analytics to enable effective shoppers, restaurants and retailers engagement, a closed-loop marketing promotions besides enabling restaurants and retailers to improve their products and lead in service innovation based on customers’ experience.
The Apps Website and / or Services (as defined hereinafter) are open to individuals who are 18 years old and above.
Kindly take some time to read this document carefully. By browsing, accessing or using this App and / or Website or by using any facilities or services made available through it or by transacting through or on it, you are representing yourself to be at least 18 years of age and you are deemed to have read, understood and agreed to observe, comply and be bound with the terms and conditions that appear below (all of which are called the "Agreement").
We reserve the right to amend the terms and conditions at any time at our discretion. Any such amendments shall be (i) posted online in the said App and / or Website and / or (ii) notified to you via email, and it is your responsibility to review these terms and conditions. If you continue to use the said App and / or Website and the Services offered therein after any amendments have been made, you are deemed to have read, understood and accepted the said amendments. You may terminate this Agreement by either terminating your account with us, or send a written notice to us at email@example.com if you do not wish to be bound by such new / amended terms and conditions.
2. WHAT IS DEALHITS™ AND DEALHITSBIZ™?
DealHits™ (www.dealhits.net) is a location-based social media shopping application for shoppers, restaurants and retailers to engage and interact to enrich shopping experience. DealHits™ mobile and web applications are developed to make it easier for shoppers to achieve personal needs that are important in their everyday shopping lifestyles. DealHits™ is designed for shoppers to build and uplift their shopping experience. DealHits™ is free, fun and easy to use. It enables shoppers to create, share, and exchange restaurants and retail stores deals, promotions and reviews with families and friends while shoppers are on the move. DealHits™ allows shoppers to reach out to restaurants or retailers directly to shape their favourite deals and stretch their dollar. Shoppers can also engage restaurants and retailers in the community to voice suggestions to improve their products and services, and personal shopping experience. Shoppers will be recognised for sharing places, deals and reviews with families, friends and DealHits™ community. This is to appreciate your time and efforts to create better customer experience and marketing relationships among shoppers, restaurants and retailers in Southeast Asia. DealHits™ focus countries in South East Asia are Singapore, Malaysia, Thailand, Philippines, Vietnam and Indonesia.
DealHitsBiz™ (www.dealhits.net/dealhitsbiz), a merchant mobile marketing application, is the extension of DealHits™ value added services that enable restaurants and retailers to manage advertising content and marketing costs, reach out to new customers, and lead in customer experience. DealHitsBiz™ subscribers are provided with cost effective product features to enable local restaurants and retailers to engage and interact directly with DealHits™ shoppers within their geographical locations. DealHitsBiz™ subscribers can further claim their own places in DealHits™ and upload local restaurants or retail stores’ real-time deals and promotions cost efficiently to meet DealHits™ nearby shoppers’ shopping needs. This helps DealHitsBiz™ subscribers to reach out to targeted customers within the community, and drive instant customer visits and conversions to their outlets. DealHitsBiz™ subscribers can customise shopping deals, and improve products and services based on customer reviews. This allows DealHitsBiz™ subscribers to reach out to their customers to improve customer dining or shopping experience in their local outlets. DealHitsBiz™ also keeps track of consumer mobile analytics that restaurants and retailers need to personalise local deals or promotions across multi-brands and multi-outlets. This helps DealHitsBiz™ subscribers to increase their stores daily customer visits and conversions as they incentivise nearby DealHits™ shoppers to their outlets in different locations.
3. THE APPS, THE WEBSITE AND THE SERVICES
Use by you of any of the Apps, the Website and / or any of the services offered by us therein through the Apps and / or Website (“the Services”) are subject to the terms and conditions set out in this Agreement.
We reserve the right to prevent you using the Apps, Website and the Services (or any part of them) in the event of any breach of the terms of this Agreement or any other related terms between you and us.
In order to use the Apps, Website or Services, you will require the necessary hardware such as computer or mobile telecommunication devices, Internet connectivity and appropriate telecommunication links, which we do not provide. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in accessing the Apps, Website or using the Services.
The Apps Website and / or Services (as defined hereinafter) are open to individuals who are 18 years old and above.
4. REGISTRATION AND ACCOUNTS
It is necessary to register an account with us to use the Services offered through the Apps and / or Website. We reserve the right, at our sole discretion, to decline a new registration or to cancel an existing registration at any time.
Some of the Vendors / Merchants who provides the Services through our Apps and / or the Website may require additional information from you, including payment information. Use of such information is subject to the respective Vendor’s / Merchant’s own privacy policies. Kindly check the respective Vendor’s / Merchant’s privacy policies before providing any personal information to them.
Once you have successfully completed the registration process, an account will be created. You may assign your own individual password. You must keep the password confidential and immediately notify us if you become aware of any unauthorized use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) the Services and or the Apps / Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
All accounts must be registered with a valid personal email address that you access regularly, as our login ID is based on your unique email ID. An account shall not be registered unless your email has been validated by us through email and activated by the user. We may require users to re-validate their accounts if we believe they have been using an invalid email address and / or for security purposes.
We reserve the right, at our sole discretion, to terminate any account if any user is in breach of any of the Terms of this Agreement.
All payments made to the Company in relation to setting up of any Account (if applicable) shall be non-refundable.
5. SPECIAL PROVISIONS APPLICABLE TO MERCHANTS OF DEALHITSBIZ™
As stated earlier, DealHitsBiz™ is the extension of DealHits™ value added services that enable restaurants and retailers to manage advertising content and marketing costs, reach out to new customers, and lead in customer experience. Any user may sign up for any of the DealHitsBiz™ packages. All subscribers to any of the DealHitsBizTM packages shall hereinafter be referred to as “merchant” or “merchants”.
You may check out the various subscription packages for DealHits™ here www.dealhits.net/dealhitsbiz, which may be subject to changes from time to time. All terms and conditions stated in the subscription packages shall, upon successful subscription and registration, form part of this Agreement and is binding on all merchants.
The Apps and / or Website offer various platforms or forums where you can post your observations and comments on designated topics. The Apps and / or Website also enables sharing of information by allowing users to post updates, including links other information such as restaurant recommendations and reviews, and other content to their profile and other parts of the Apps and / Website. We may, in our sole discretion, close or transfer or remove content from anywhere in the Apps and / or Website if the content violates this Agreement or others’ intellectual property rights.
Kindly note that ideas you post and information you share may be seen and used by other members, and we cannot guarantee that other members will not use the ideas and information that you share on the Apps and / or Website. As such, if you would like to keep the information confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere in the Apps and / or Website. WE SHALL NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN THE APPS AND / OR WEBSITE BY OTHERS.
All participating merchants have their own applicable terms and conditions, in relation to their own supply of their products and services, and you agree to (and shall) abide by those terms and conditions.
6. PURCHASE OF DEALHITS.NET VOUCHERS
We may offer for sale vouchers via the Apps or Website that can be redeemed for Services from a participating vendor or merchant. You must have a valid account with us in order to make any purchase from the Apps or Website.
Vouchers can be purchased through credit cards, debit cards, bank transfers and other methods, which we may approve from time to time.
Any purchase made through the Apps or Website will be subject to the terms of this Agreement.
Once you have made a purchase, the voucher is redeemable by you from the participating vendor / merchant as stated on the voucher. The applicable terms, including validity period, relating to the services or products offered by the voucher will be stated clearly on the voucher.
Vouchers sold are not refundable under any circumstances. You are advised to review the redemption conditions for each voucher carefully and ensure that the vouchers are redeemed before the stipulated expiry date and comply with the participating vendors or merchants redemption terms.
The participating vendor or merchant, and not us, shall be solely responsible for fulfilling the Services or products offered via the vouchers.
We do not act as agent for any merchant. Where a voucher service includes the sale and/or supply of alcohol, that sale and/or supply is made by the merchant and not by us and the merchant is responsible for complying with all applicable laws relating to that sale/supply.
Unauthorized reproduction, sale, resale or trade of any voucher is strictly prohibited. Any attempt to carry out any of these may void the voucher(s).
Neither we nor the participating vendors or merchants are responsible for lost or stolen vouchers and no replacement vouchers shall be issued in such instances.
All vouchers are subject to this Agreement and to any terms and conditions of the relevant participating vendors or merchants.
7. USER / CUSTOMER’S OBLIGATIONS AND WARRANTIES
You warrant that all information provided on registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly update your account details as and when there are changes to the same.
You undertake not to use or permit anyone else to use the Services or Website:
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 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;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent or illegal purpose;
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.
You hereby undertake not to do (or to permit anyone else to do) any of the following:
resale of the Services or any vouchers;
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, logging into or accessing a server or account without authority, or probing the security of other networks etc;
accessing the Services (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, including bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts;
creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
sending malicious emails;
using the Services, Apps and / or Website in breach of this Agreement;
engage in any unlawful activity in connection with the use of the Apps, Website and/or the Services; or
engage in any conduct, which restricts or inhibits any other customer from properly using or enjoying the Apps, Website and / or Services.
8. SUSPENSION AND TERMINATION
We may suspend or terminate the Services or the Apps / Website at any time. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement.
In the event we suspend any of the Services or Website, we may refuse to restore the Services or Apps / Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
Without limitation to anything else in this clause, we shall be entitled immediately or at any time (in whole or in part) to (i) suspend the Services, Apps and / or Website; (ii) suspend your use of the Services, Apps and / or Website; (iii) suspend the use of the Services, Apps and / or Website for persons we believe to be connected (in whatever manner) to you; and/or (iv) terminate this Agreement immediately if:
you commit any breach of this Agreement;
we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any other person.
we are required to comply with any request from law enforcement agencies and / or authorities.
Our rights to terminate this Agreement 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 and right until termination.
You hereby agree to indemnify us and hold us harmless against all damages, losses, liabilities and / or costs arising from an / or related to all third party claims, charges, and investigations, legal proceedings brought or threatened against us, caused by or arising from (i) your failure to comply with this Agreement; (ii) any content you submit to us, (iii) any activity in which you engage on or through our Apps and / or Website; (iv) use of any Services through our Apps and / or Website.
While we strive to use all reasonable endeavours to review the contents of the Apps and / or Website, we however do not guarantee that any of the Services offered in the Apps and / or Website will be free of errors or omissions, and that we will not accept liability for any errors or omissions. If you notice any errors or omissions on the Apps and / or Website or relating to any of the Services, do inform us immediately at firstname.lastname@example.org or through the “FLAG” function available in the Apps and / or Website and we will rectify the same as soon as practicable.
We do not give any warranty that the Services or the Apps / Website is free from viruses or anything else which may have a harmful effect on any technology, and shall not be responsible in the event your device which is being used to access the Apps and / or Website, or the Services (such as personal computer, mobile phones, note pads etc) are in any way infected by such harmful viruses, however contracted.
While we strive to provide uninterrupted access to the Services and the Apps / Website, we shall not be liable in the event access to the Service and the Apps / Website is suspended, restricted or terminated for any reason whatsoever. In addition, we use third party hosting services and have no control over any of the data posted through the Apps and / or Website, and as such we shall not be liable for any loss of any data posted through the Apps and / or Website occasioned by any reasons whatsoever. Do note that your access to the Apps, Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
We reserve the right to change, modify, substitute, suspend or remove without notice any information in the Apps and / or Website or forming part of the Services from time to time.
We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
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 this Agreement.
Where the Apps and / or Website contains links to third party web sites and to resources provided by third parties, these web sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for these web sites or for the contents or products or services therein (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 websites linked to the website, you do so entirely at your own risk.
We use application programming interface (API) to connect to your social media accounts which you grant us access, such as Facebook, Linkedin and Twitter. However, we have no control over the processes used by such social media networks. We shall not be liable for any damages arising from or connected to the user’s social media accounts, including loss of user’s data, contact lists or other information in the social media network, howsoever arising.
We may from time to time provide value-added analytic information or data, such as number of visits, customer feedback, popular search words etc to you in order to enhance your user experience, and also to provide you with information to assist in enhancing your business. Such information or data are generated automatically from our database and provided “as-is”, and you are advised to use the information with care and at your own risk. We shall not be liable for any damages howsoever arising from any use of such information or data.
10. MOBILE APPLICATIONS
We are offering the Services through mobile applications which are meant for access and use from a mobile device connected to wireless internet connection, such as mobile phones, tablets etc. Examples include (but is not limited to) tablets and smart phone applications for Android, iOS, Windows and Blackberry.
While we currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply in the event you use any of our Services through mobile applications.
In the event you change or deactivate your mobile telephone number, you will update your account information within 24 hours to ensure that your messages are not sent to the person who acquires your old number.
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of these terms herein, or any other terms / End User License Agreement specifically associated with the application provided at time of download or installation, or as may be updated from time to time.
11. STANDARDS AND LIMITATION OF LIABILITY
13. ADVERTISEMENTS AND DISCLOSURE
We may place advertisements (whether our own or on behalf of third parties) in different locations on the Apps and / or the Website and at different points during your use of the Services. These locations and points may change from time to time. You are free to select or click on advertised products and services or not as you see fit.
comply with legal process and / or court orders;
enforce this Agreement;
respond to claims of a violation of third parties’ rights;
respond to customer service inquiries; or
protect the rights, property, or personal safety of our Apps, Website, registered members and or members of the public.
14. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated, all intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in the Apps, Website and Services, information content on the Apps and / or the Website, any database operated and maintained by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.
None of the material listed in Clause 14.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Apps and / or the Website or accessed as part of the Services without our permission.
All rights (including goodwill and, where relevant, trade marks) in the “DEALHITS”, “DEALHITSBIZ” and “SINYOONG” names are owned by us or licensed to us. Other product and company names mentioned on the Apps and / or the Website are the trade marks or registered trade marks of other third parties.
Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or participating vendor or merchant and may be protected by applicable copyright or other law, and you shall have no right to any such contents.
The authors of the literary and artistic works in the pages in the Apps and / or the Website have asserted their moral rights to be identified as the author of those works.
Any material you post or submit through the Apps and / or the Website or otherwise ("Material") shall be considered non-confidential, subject only to our statutory obligations under any national legislation relating to data protection in force at any particular time. You grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish, advertise and distribute world-wide any such Material for any reason whatsoever, to the widest limitation allowed by law.
15. DISPUTE RESOLUTION AND GOVERNING LAWS
In the event of a dispute in relation to use of the Apps and / or the Website or Services, or in relation to the breach of any terms of this Agreement, both parties shall attempt to resolve the manner internally through our Customer Service Center mechanism by sending a complaint to email@example.com.
Either party shall be entitled to proceed with legal recourse only if the matter is not resolved within a reasonable time via the Customer Service Center mechanism.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
16. GENERAL TERMS
In this Agreement,
words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
clause headings and clause titles are purely for ease of reference and do not form part of or affect the interpretation of this Agreement;
references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
words importing one gender shall include any other gender unless stated otherwise.
words in the singular number shall include the plural and words in the plural number include the singular unless otherwise statedcomply with legal process and / or court orders;
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
Force majeure - We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. On the same premise, no granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
All Notices are required to be sent pursuant to this Agreement shall be sent:
by email to you, the Customer at the email address provided during registration of account;
by email, fax or post to us at the following:
Sinyoong Solutions Sdn Bhd, Level 8 Pavilion KL, 168 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia
+603 9205 7788
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