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Everyday.com.my User Agreement
The following describes the terms on which Everyday.com.my offers you access to our services.
Introduction Welcome to Everyday.com.my. By using the services available from the domain and sub-domains of www.everyday.com.my (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with Integrated Methods Sdn Bhd (600317-V) and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site. Before you may become a member of Everyday.com.my, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other Everyday.com.my branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites. Using Everyday.com.my While using the Site, you will not:
Everyday.com.my and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. Fees and Services Joining Everyday.com.my is free. We do charge fees for using certain services. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in Ringgit Malaysia. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Content License When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) Third-Party Content We, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, We has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of us. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with us. We neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the website by anyone other than authorized Everyday.com.my employee spokespersons while acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by an end user’s reliance on information obtained through our website. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through our website. Everyday.com.my contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites, and we hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with us expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. We reserves the right to revoke its consent to any link at any time in its sole discretion. Liability You will not hold Everyday.com.my responsible for other users' actions or inactions, including things they post. You acknowledge that Everyday.com.my is not a retailers, dealer, distributor or manufaturer. It is important to realize that the Site is a venue to allow anyone to promote their discount and promotion information, at anytime and from anywhere. We have no control over and do not guarantee the quality, safety or legality of the advertised, the truth or accuracy of listings. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) MYR 100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Everyday.com.my by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Everyday.com.my Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Everyday.com.my Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on Everyday.com.my's national registered agent (in the case of Everyday.com.my) or to the email address you provide to Everyday.com.my during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. General If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. TERMS OF SALE - Everyday Coupons All Everyday Coupons printed from the Site or any Microsite, or any other website associated with Everyday Coupons (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through Everyday Coupons 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 Everyday Coupons, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher. The Voucher you purchase through Everyday Coupons is redeemable for goods or services by the Merchant. The Merchant, not Everyday Coupons, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Everyday Coupons sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant. Terms and Conditions for Restaurant-Specific Vouchers. For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
All Vouchers shall be subject to the terms and conditions of Everyday Coupons and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing. The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or 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 Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Everyday.com.my 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 or Restaurant 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. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.     |
